HomeMy WebLinkAboutStaff Report 7925
City of Palo Alto (ID # 7925)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/12/2017
City of Palo Alto Page 1
Summary Title: Enjoy Catalog RFP
Title: Approval of a Contract With Tandem Creative in the Amount of $90,000
for Graphic Design and Printing for the Quarterly Production of the Enjoy!
Catalog Classes and Activities Guide and Annual Summer Camp Guide
From: City Manager
Lead Department: Community Services
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager to execute the attached contract with Tandem
Creative, Inc. in the amount of $90,000 for graphic design and printing of the
Community Services Department’s Enjoy! Catalog (Attachment A) subject to
appropriation of funds.
2. Authorize the City Manager or his designee to exercise the option to renew the contract
for the second and third years, as applicable, provided the proposed cost of each of the
renewed contracts does not exceed the original contract price of $90,000, adjusted by
the Consumer Price Index for all Urban Consumers (San Francisco - Oakland - San Jose
MSA), the contractor is responsive to the City's needs, and the quality of the
contractor's work is acceptable during the preceding year.
DISCUSSION
The Community Services Department (CSD) produces its quarterly Enjoy! Catalog of classes and
activities as well as an annual Summer Camps and Aquatics guide. The Enjoy! is CSD’s primary
marketing tool that showcases the diverse classes, workshops, programs and events the
Department has to offer. CSD strives to offer programs and services that are of high quality,
relevant and inclusive to a wide range of cultures, ages and abilities. CSD’s mission is engage
individuals and families to build a strong and healthy community for the through Arts,
Recreation, Parks, Open Space and Human Services.
CSD contracts with a graphic design firm to produce and print the Enjoy! Catalogs. The contract
is a one year contract with option to renew for two more years. As a result, a competitive bid
solicitation is typically conducted every three years for design, production and printing of the
catalogs. The catalogs are made available for viewing on the City’s website on
City of Palo Alto Page 2
www.cityofpaloalto.org/enjoy where customers can also register for classes and programs. A
CSD staff member functions as the project manager to work closely with the graphic design firm
to ensure that the correct program information, descriptions, dates and times are provided in a
timely manner. It is critical that production and printing of the catalog is completed on
schedule so residents have ample time to register for classes and programs.
Scope of Services Description
The scope of work to be performed under the contract is for graphic design, formatting, editing
and printing of the quarterly Enjoy! Catalog (Attachment B).
Solicitation Process
A Request for Proposals (RFP) was issued in March 2017 to obtain a graphic design firm
experienced in developing creative and easy-to-read publications while maintaining a rigid
timeline. Six proposals were received and reviewed by an evaluation committee consisting of
Community Services Department staff. As a result of the evaluations, four firms were invited to
participate in oral interviews. The committee carefully reviewed each firm's qualifications and
submittal in response to the criteria identified in the RFP. The following firms submitted
proposals:
Company Name Cost to the City Location (City, State) Oral interview?
Tandem Creative $90,000 San Francisco, CA Yes
McGregor Shott Inc $95,000 Newhall, CA Yes
Embarcadero Media $86,075 Palo Alto, CA Yes
Jill McCoy Design $136,040 San Jose, CA Yes
Based on both the written proposals and oral interviews, the evaluation committee selected
Tandem Creative, Inc. (Tandem). Tandem’s written proposal and oral interview demonstrated
that they have the experience and creativity desired for the work and also the staff resources
needed to meet the tight deadlines for quarterly production of the Enjoy! catalog. Tandem has
created the Enjoy! Catalogs for the past six years and has worked on other major projects for
other City Departments, including Utilities, Administrative Services, Office of Management and
Budget, Regional Water Quality Control Plant, Palo Alto Library and the City Manager’s Office.
A summary of the solicitation process is below:
Enjoy! Catalog Graphic Design/RFP 166164
Proposed Length of Project: 36 months
Proposals posted to Planet Bids: March 28, 2017
Total Days to Respond to Proposal: 14
Pre-proposal (Telephone) Meeting Date: April 4, 2017
RESOURCE IMPACT
City of Palo Alto Page 3
The Community Services Department Fiscal Year 2018 proposed budget includes funding to
award this contract, subject to City Council adoption of the Fiscal Year 2018 budget.
Attachments:
Attachment A - C17166164 GSA TANDEM CREATIVE FINAL
Attachment B - Enjoy Catalog Graphic Design Scope of Services 2017
City of Palo Alto General Services Agreement 1 Rev. February 8, 2017
CITY OF PALO ALTO CONTRACT NO. C17166164
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 1st day of July, 2017, by and between
the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and
TANDEM CREATIVE, INC., a California corporation, located at 4023 24th Street, San
Francisco, CA 94146 Telephone Number: 415 654-5571 (“CONTRACTOR”). In
consideration of their mutual covenants, the parties hereto agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”)
described in the Scope of Services, attached at Exhibit A.
Optional On-Call Provision (This provision only applies if checked and only
applies to on-call agreements.)
Services will be authorized by CITY, as needed, with a Task Order assigned and
approved by CITY’s Project Manager. Each Task Order shall be in substantially the
same form as Exhibit A-1. Each Task Order shall designate a CITY Project
Manager and shall contain a specific scope of work, a specific schedule of
performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of
Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only
be compensated for work performed under an authorized Task Order and CITY
may elect, but is not required, to authorize work up to the maximum
compensation amount set forth in Section 5.
2. EXHIBITS. The following exhibits are attached to and made a part of this
Agreement:
“A” - Scope of Services
“B” - Schedule of Performance
“C” – Schedule of Fees
“D” - Insurance Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
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City of Palo Alto General Services Agreement 2 Rev. February 8, 2017
3. TERM.
The term of this Agreement is from July 1. 2017 to June 30, 2020 inclusive,
subject to the provisions of Sections Q and V of the General Terms and
Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within
the term of this Agreement in a reasonably prompt and timely manner based
upon the circumstances and direction communicated to CONTRACTOR, and if
applicable, in accordance with the schedule set forth in the Schedule of
Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees
to accept as not-to-exceed compensation for the full performance of the
Services and reimbursable expenses, if any:
The total maximum lump sum compensation of
The sum of dollars ($ ) per hour, not to exceed a total
maximum compensation amount of dollars ($ ); OR
A sum calculated in accordance with the fee schedule set forth at Exhibit
C, not to exceed a total maximum compensation amount of ninety-
thousand dollars ($90,000).
CONTRACTOR agrees that it can perform the Services for an amount not to
exceed the total maximum compensation set forth above. Any hours worked or
services performed by CONTRACTOR for which payment would result in a total
exceeding the maximum amount of compensation set forth above for
performance of the Services shall be at no cost to CITY.
CITY has set aside the sum of Zero dollars ($0) for Additional Services.
CONTRACTOR shall provide Additional Services only by advanced, written
authorization from the City Manager or designee. CONTRACTOR, at the
CITY’s request, shall submit a detailed written proposal including a
description of the scope of services, schedule, level of effort, and
CONTRACTOR’s proposed maximum compensation, including
reimbursable expense, for such services. Compensation shall be based
on the hourly rates set forth above or in Exhibit C (whichever is
applicable), or if such rates are not applicable, a negotiated lump sum.
CITY shall not authorize and CONTRACTOR shall not perform any
Additional Services for which payment would exceed the amount set
forth above for Additional Services. Payment for Additional Services is
subject to all requirements and restrictions in this Agreement.
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City of Palo Alto General Services Agreement 3 Rev. February 8, 2017
6. COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the
same as the original term; OR
CONTRACTOR’s compensation rates shall be adjusted effective on the
commencement of each Additional Term. The lump sum compensation
amount, hourly rates, or fees, whichever is applicable as set forth in
section 5 above, shall be adjusted by a percentage equal to the change in
the Consumer Price Index for Urban Wage Earners and Clerical Workers
for the San Francisco-Oakland- San Jose area, published by the United
States Department of Labor Statistics (CPI) which is published most
immediately preceding the commencement of the applicable Additional
Term, which shall be compared with the CPI published most immediately
preceding the commencement date of the then expiring term.
Notwithstanding the foregoing, in no event shall CONTRACTOR’s
compensation rates be increased by an amount exceeding five percent of
the rates effective during the immediately preceding term. Any
adjustment to CONTRACTOR’s compensation rates shall be reflected in a
written amendment to this Agreement.
7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of
this Section 7, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or
other public improvement of any kind. Public Contract Code Section 9204
mandates certain claims procedures for Public Works Projects, which are set
forth in “Appendix __ Claims for Public Contract Code Section 9204 Public Works
Projects”.
This project is a 9204 Public Works Project and is required to comply
with the claims procedures set forth in Appendix __, attached hereto and
incorporated herein.
OR
This project is not a 9204 Public Works Project.
8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project
Manager is: Erin Perez, Dept.: Community Services Department, Telephone: 650-
463-4952. Invoices shall be submitted in arrears for Services performed.
Invoices shall not be submitted more frequently than monthly. Invoices shall
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City of Palo Alto General Services Agreement 4 Rev. February 8, 2017
provide a detailed statement of Services performed during the invoice period
and are subject to verification by CITY. CITY shall pay the undisputed amount of
invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of
this Agreement. This Agreement includes and is limited to the terms and
conditions set forth in sections 1 through 7 above, these general terms and
conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the
expertise and qualifications to complete the services described in Section 1 of
this Agreement, entitled “SERVICES,” and that every individual charged with the
performance of the services under this Agreement has sufficient skill and
experience and is duly licensed or certified, to the extent such licensing or
certification is required by law, to perform the Services. CITY expressly relies on
CONTRACTOR’s representations regarding its skills, knowledge, and
certifications. CONTRACTOR shall perform all work in accordance with generally
accepted business practices and performance standards of the industry,
including all federal, state, and local operation and safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the
performance of this Agreement, CONTRACTOR and any person employed by
CONTRACTOR shall at all times be considered an independent CONTRACTOR and
not an agent or employee of CITY. CONTRACTOR shall be responsible for
employing or engaging all persons necessary to complete the work required
under this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any
Services under this Agreement unless CONTRACTOR obtains prior written
consent of CITY. CONTRACTOR shall be solely responsible for directing the work
of approved subcontractors and for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all
taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s
business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the
Services comply with all applicable federal, state and local laws, ordinances,
regulations, and orders.
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City of Palo Alto General Services Agreement 5 Rev. February 8, 2017
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all
requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum
Wage), as it may be amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2)
hours of work in a calendar week within the geographic boundaries of the City,
CONTRACTOR shall pay such employees no less than the minimum wage set
forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within
the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR
shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code section 4.62.060.
H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole
expense, repair in kind, or as the City Manager or designee shall direct, any
damage to public or private property that occurs in connection with
CONTRACTOR’s performance of the Services. CITY may decline to approve and
may withhold payment in whole or in part to such extent as may be necessary to
protect CITY from loss because of defective work not remedied or other damage
to the CITY occurring in connection with CONTRACTOR’s performance of the
Services. CITY shall submit written documentation in support of such
withholding upon CONTRACTOR’s request. When the grounds described above
are removed, payment shall be made for amounts withheld because of them.
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under
this Agreement shall be performed in a professional and workmanlike manner in
accordance with generally accepted business practices and performance
standards of the industry and the requirements of this Agreement.
CONTRACTOR expressly warrants that all materials, goods and equipment
provided by CONTRACTOR under this Agreement shall be fit for the particular
purpose intended, shall be free from defects, and shall conform to the
requirements of this Agreement. CONTRACTOR agrees to promptly replace or
correct any material or service not in compliance with these warranties,
including incomplete, inaccurate, or defective material or service, at no further
cost to CITY. The warranties set forth in this section shall be in effect for a period
of one year from completion of the Services and shall survive the completion of
the Services or termination of this Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this
Agreement to determine whether CONTRACTOR’s work is completed in a
satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other material (including
copyright interests) developed, collected, assembled, prepared, or caused to be
prepared under this Agreement will become the property of CITY without
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City of Palo Alto General Services Agreement 6 Rev. February 8, 2017
restriction or limitation upon their use and will not be made available to any
individual or organization by CONTRACTOR or its subcontractors, if any, without
the prior written approval of the City Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives
to audit, at any reasonable time during the term of this Agreement and for three
(3) years from the date of final payment, CONTRACTOR’s records pertaining to
matters covered by this Agreement. CONTRACTOR agrees to maintain accurate
books and records in accordance with generally accepted accounting principles
for at least three (3) following the terms of this Agreement.
M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of any of its
rights under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full
force during the term of this Agreement, the insurance coverage described at
Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of
A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The
Risk Manager must approve deductibles and self-insured retentions. In addition,
all policies, endorsements, certificates and/or binders are subject to approval by
the Risk Manager as to form and content. CONTRACTOR shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured under any
general liability or automobile policy. CONTRACTOR shall obtain an
endorsement stating that the insurance is primary coverage and will not be
canceled or materially reduced in coverage or limits until after providing 30 days
prior written notice of the cancellation or modification to the Risk Manager.
CONTRACTOR shall provide certificates of such policies or other evidence of
coverage satisfactory to the Risk Manager, together with the required
endorsements and evidence of payment of premiums, to CITY concurrently with
the execution of this Agreement and shall throughout the term of this
Agreement provide current certificates evidencing the required insurance
coverages and endorsements to the Risk Manager. CONTRACTOR shall include
all subcontractors as insured under its policies or shall obtain and provide to CITY
separate certificates and endorsements for each subcontractor that meet all the
requirements of this section. The procuring of such required policies of insurance
shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY
under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation
by the provisions of section N relating to insurance, CONTRACTOR shall
indemnify, defend and hold harmless CITY, its Council members, officers,
employees and agents from and against any and all demands, claims, injuries,
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losses, or liabilities of any nature, including death or injury to any person,
property damage or any other loss and including without limitation all damages,
penalties, fines and judgments, associated investigation and administrative
expenses and defense costs, including, but not limited to reasonable attorney’s
fees, courts costs and costs of alternative dispute resolution), arising out of, or
resulting in any way from or in connection with the performance of this
Agreement. CONTRACTOR’s obligations under this Section apply regardless of
whether or not a liability is caused or contributed to by any negligent (passive or
active) act or omission of CITY, except that CONTRACTOR shall not be obligated
to indemnify for liability arising from the sole negligence or willful misconduct of
CITY. The acceptance of the Services by CITY shall not operate as a waiver of the
right of indemnification. The provisions of this Section survive the completion of
the Services or termination of this Agreement.
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it
shall not discriminate in the employment of any person because of the race, skin
color, gender, age, religion, disability, national origin, ancestry, sexual
orientation, housing status, marital status, familial status, weight or height of
such person. CONTRACTOR acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements and the penalties for violation thereof, and
agrees to meet all requirements of Section 2.30.510 pertaining to
nondiscrimination in employment.
Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement,
certifies that it is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and certifies that it will comply with such provisions, as
applicable, before commencing and during the performance of the Services.
R. TERMINATION. The City Manager may terminate this Agreement without cause
by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If
CONTRACTOR fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, the City Manager
may terminate this Agreement immediately upon written notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately
discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily
performed up to the effective date of termination. If the termination is for
cause, CITY may deduct from such payment the amount of actual damage, if any,
sustained by CITY due to CONTRACTOR’s failure to perform its material
obligations under this Agreement. Upon termination, CONTRACTOR shall
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City of Palo Alto General Services Agreement 8 Rev. February 8, 2017
immediately deliver to the City Manager any and all copies of studies, sketches,
drawings, computations, and other material or products, whether or not
completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection
with this Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their
successors and assigns to all covenants of this Agreement. This Agreement shall
not be assigned or transferred without the prior written consent of CITY. No
amendments, changes or variations of any kind are authorized without the
written consent of CITY.
T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants
that it presently has no interest, and will not acquire any interest, direct or
indirect, financial or otherwise, which would conflict in any manner or degree
with the performance of this Contract. CONTRACTOR further covenants that, in
the performance of this Contract, it will not employ any person having such an
interest. CONTRACTOR certifies that no CITY Officer, employee, or authorized
representative has any financial interest in the business of CONTRACTOR and
that no person associated with CONTRACTOR has any interest, direct or indirect,
which could conflict with the faithful performance of this Contract.
CONTRACTOR agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This contract shall be governed and interpreted by the laws
of the State of California.
V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the
entire agreement between the parties with respect to the services that may be
the subject of this Agreement. Any variance in the exhibits does not affect the
validity of the Agreement and the Agreement itself controls over any conflicting
provisions in the exhibits. This Agreement supersedes all prior agreements,
representations, statements, negotiations and undertakings whether oral or
written.
W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the
Charter of the City of Palo Alto and the Palo Alto Municipal Code. This
Agreement will terminate without any penalty (a) at the end of any fiscal year in
the event that funds are not appropriated for the following fiscal year, or (b) at
any time within a fiscal year in the event that funds are only appropriated for a
portion of the fiscal year and funds for this Contract are no longer available. This
Section shall take precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Contract.
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City of Palo Alto General Services Agreement 9 Rev. February 8, 2017
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Division,
which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal
requirements of CITY’s Zero Waste Program. Zero Waste best practices include
first minimizing and reducing waste; second, reusing waste and third, recycling
or composting waste. In particular, CONTRACTOR shall comply with the
following zero waste requirements:
All printed materials provided by CONTRACTOR to CITY generated from a
personal computer and printer including but not limited to, proposals,
quotes, invoices, reports, and public education materials, shall be double-
sided and printed on a minimum of 30% or greater post-consumer
content paper, unless otherwise approved by CITY’s Project Manager.
Any submitted materials printed by a professional printing company shall
be a minimum of 30% or greater post-consumer material and printed
with vegetable based inks.
Goods purchased by Contractor on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including, but
not limited to, Extended Producer Responsibility requirements for
products and packaging. A copy of this policy is on file at the Purchasing
Division’s office.
Reusable/returnable pallets shall be taken back by CONTRCATOR, at no
additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide
documentation from the facility accepting the pallets to verify that pallets
are not being disposed.
Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties
represent and warrant that they have the legal capacity and authority to do so
on behalf of their respective legal entities.
Z. PREVAILING WAGES
This Project is not subject to prevailing wages. Contractor is not required to pay
prevailing wages in the performance and implementation of the Project in
accordance with SB 7, if the contract is not a public works contract, if contract
does not include a public works construction project of more than $25,000, or
the contract does not include a public works alteration, demolition, repair, or
maintenance (collectively, ‘improvement’) project of more than $15,000.
OR
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City of Palo Alto General Services Agreement 10 Rev. February 8, 2017
Contractor is required to pay general prevailing wages as defined in Subchapter
3, Title 8 of the California Code of Regulations and Section 16000 et seq. and
Section 1773.1 of the California Labor Code. Pursuant to the provisions of
Section 1773 of the Labor Code of the State of California, the City Council has
obtained the general prevailing rate of per diem wages and the general rate for
holiday and overtime work in this locality for each craft, classification, or type of
worker needed to execute the contract for this Project from the Director of the
Department of Industrial Relations (“DIR”). Copies of these rates may be
obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor
shall provide a copy of prevailing wage rates to any staff or subcontractor hired,
and shall pay the adopted prevailing wage rates as a minimum. Contractor shall
comply with the provisions of all sections, including, but not limited to, Sections
1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to
prevailing wages.
AA. DIR REGISTRATION. In regard to any public work construction, alteration,
demolition, repair or maintenance work, CITY will not accept a bid proposal from
or enter into this Agreement with CONTRACTOR without proof that
CONTRACTOR and its listed subcontractors are registered with the California
Department of Industrial Relations (“DIR”) to perform public work, subject to
limited exceptions. City requires CONTRACTOR and its listed subcontractors to
comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor
Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid
proposal, subject to the requirements of Section 4104 of the Public Contract
Code, or engage in the performance of any contract for public work, as defined
in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of
the Business and Professions Code or Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public work
pursuant to Section 1725.5 at the time the contract is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that
CONTRCATOR is required to post all job site notices prescribed by law or
regulation and CONTRACTOR is subject to SB 854-compliance monitoring and
enforcement by DIR.
CITY requires CONTRACTOR and its listed subcontractors to comply with the
requirements of Labor Code section 1776, including:
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Keep accurate payroll records, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by, respectively, CONTRACTOR and its
listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and
made available for inspection at all reasonable hours at the principal office of
CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, CONTRACTOR and its listed
subcontractors shall make the certified payroll records available for inspection or
furnished upon request to the project manager within ten (10) days of receipt of
CITY’s request.
[For state- and federally-funded projects] CITY requests CONTRACTOR
and its listed subcontractors to submit the certified payroll records to the
project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within
the 10-day period, then CONTRACTOR and its listed subcontractors shall be
subject to a penalty of one hundred dollars ($100.00) per calendar day, or
portion thereof, for each worker, and CITY shall withhold the sum total of
penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed
subcontractors’ payroll records (street address, city and county) at the
commencement of the Project, and also provide notice to the project manager
within five (5) business days of any change of location of those payroll records.
BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the
case of any conflict between the terms of this Agreement and the exhibits hereto
or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of
any conflict between the exhibits hereto and CONTRACTOR’s proposal, the
exhibits shall control.
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City of Palo Alto General Services Agreement 12 Rev. February 8, 2017
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO TANDEM CREATIVE, INC.
______________________________ By________________________________________
City Manager Name Gregory Holzbaur
Title CEO, Execute Director
Approved as to form:
__________________________
City Attorney
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City of Palo Alto General Services Agreement 13 Rev. February 8, 2017
EXHIBIT A
SCOPE OF SERVICES
I. CONTRACTOR shall provide design services, layout services, editing services, and
manage printing for five (5) City recreation catalogs (as detailed in Exhibit B) with
the following specifications:
A. Enjoy Catalog
Quarterly publication (Winter, Spring, Summer, Fall)
Booklet size: 8” x 10 ½” (See Attached Sample)
Average of 56- 64 pages
Front and back covers in color w/ graphics.
Interior black ink plus one color
Contractor will cost out paper quality
Contractor will use existing document design from previous designer OR can discuss
reformatting catalog.
Page layout and editing consists of approximately 50 hours, on a tight time schedule.
Contractor will be a liaison with City and printer to provide quality control of the
product.
City will provide all copy.
Contractor shall provide printer and City with PDF files.
Vendor shall create PDF files for the Enjoy website.
Contractor shall work with City to select a printer.
Contractor shall have 26,000 catalogs printed per edition.
Contractor shall have knowledge of services and programs offered in the Enjoy
catalog.
Contractor shall cause 24,000 catalogs to Embarcadero Publishing to be distributed
in the Palo Alto Weekly.
Contractor shall cause 2,000 catalogs to be delivered to Cubberley Community
Center, Room T2 for distribution.
B. Summer Camps and Aquatics Guide
One separate annual publication
Booklet size: 8” x 10 ½” (See Attached Sample)
Average of 56 pages
Interior black ink plus one color
Front and back covers in color w/ graphics.
Contractor will use existing document design from previous designer.
Page layout and editing consists of approximately 50 hours, on a tight time schedule.
Contractor will be a liaison with City and printer to provide quality control of the
product.
City will provide all copy.
Contractor shall provide printer and City with PDF files.
Contractor shall create PDF files (or other suitable formats) for the Enjoy website.
DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124
City of Palo Alto General Services Agreement 14 Rev. February 8, 2017
Contractor shall have knowledge of services and programs offered in the Enjoy
catalog.
Contractor shall work with City to select a printer.
Contractor shall have 26,000 catalogs printed per edition.
Contractor shall cause 24,000 catalogs to be delivered to Embarcadero Publishing to
be distributed in the Palo Alto Weekly.
Contractor shall cause2,000 to be delivered to Cubberley Community Center, Room
T2 for distribution
Attachment 1:Samples of past Enjoy catalog (Summer and Fall 2016)
Attachment 2: Spring, Summer and Fall 2017 Production Schedule
II. CONTRACTOR shall create outreach materials and provide graphic design services
to include:
Utility bill inserts, print ads, displays, brochures, e-blasts
Promotional items for City employees, schools, special events, and trade shows
Customized illustrations and artwork for a variety of formats (e.g., displays,
brochures).
Images, infographics with a call to action
III. Any artwork designed for this contract shall become the property of the City of
Palo Alto.
IV. The City of Palo Alto has a Sustainability Policy, and an Environmentally
Preferable Purchasing Policy. The following criteria are set for CONTRACTOR:
CONTRACTOR must have printers use environmental printing practices such as
vegetable-based inks, sourcing of (and printing on) at least 30% post-consumer
recycled content paper, processed chlorine-free. 100% recycled-content paper is
preferred and should be discussed with the project manager prior to printing.
CONTRACTOR must place the recycled-content logo and paper specifications (e.g.,
Printed on 100% post-consumer recycled content, process chlorine free paper) on all
printed materials.
CONTRACTOR must be certified as a Bay Area Green Business and which use local,
socially responsible, low-impact third-party vendors (proposer to describe
qualifications)
DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124
City of Palo Alto General Services Agreement 15 Rev. February 8, 2017
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services according to the schedule on the next page of this exhibit:
DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124
City of Palo Alto General Services Agreement 16 Rev. February 8, 2017
Item Deadline Summer 2017 Fall 2017 Winter 2017-18
Summer Camps
2018 Spring 2018
All Guide Content Due to Erin or
Coordinators Enter into SharePoint (Ads,
Special Events, Misc Write-Ups)
March 6th June 5th September 4th November 6th December 4th
Pre-Tempate for Review March 7-10th June 6-9th September 5-8th November 7-
10th
December 5-8th
First Draft Available for Proofing March 21-28th June 19-23rd September 18-
22nd
November 20-
28th
December 18-
22nd
*** No New Copy Accepted After This Date***
Cover Final Due March 20th June 20th September 20th November 20th December 20th
Second/ FINAL Available for Proofing April 3-7th July 3-7th October 2-6th December 5-8th January 2-5th
Guide Delivered to Printer April 12th July 12th October 12th December 14th January 12th
Guide Delivered to PAW & Community
Centers
May 5th
July 28th
October 27th January 19th February 2nd
Catalog Delivered in PAW May 26th August 11th November 17th February 2nd February 23rd
Resident Registration June 1st August 17th November 30th March 22nd March 2nd
Non-Resident Registration June 8th August 24th December 7th March 29th March 9th
Catalog/Meet the Staff Theme:
Open Space
Rangers
Inside Front Cover Rob - Director's Pumpkin Patch Camp Reg Fair Director's
Inside Back Cover Chili Cook-off Moonlight Run JMZ Aquatics
Summer Camp Reg Fair March 3rd
"The Draw" March 12th
DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124
City of Palo Alto General Services Agreement 17 Rev. February 8, 2017
EXHIBIT C
SCHEDULE OF FEES
CONTRACTOR shall perform the tasks as described and budgeted below. CITY’s Project Manager may
approve in writing the transfer of budget amounts between any of the tasks or categories listed below
provided the total compensation for the Services including reimbursable expenses, does not exceed the
amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which
payment would result in a total exceeding the maximum amount of compensation set forth herein shall
be at no cost to CITY. NOT TO EXCEED COMPENSATION PER TASK INCLUDING REIMBURSABLES
Task 1: ENJOY Catalog Pricing 2 color interior/4 color cover)
Scope Labor Categories FALL WINTER SPRING SUMMER CAMPS TOTAL
Design
Services Art Direction,
Graphic Design,
and Production.*
Final deliverables
include: • Printed 2-color
interior/4-color
cover.
4-color online web
version
$8,000 $8,000 $8,000 $8,000 $8,000 $40,000
Printing
Quantity:
26,000 per
issue
Includes coordination
with printer and
delivery to Palo
Alto/Lucie Stern
Community Center
and San Jose
SWOP/Embarcadero
Media
$10,000 $10,000 $10,000 $10,000 $10,000 $50,000
Total Cost for Design, Production,
Printing, and Delivery: $18,000 $18,000 $18,000 $18,000 $18,000 $90,000
*Pricing includes eblast design. **Total not to exceed Task 1.
DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124
City of Palo Alto General Services Agreement 18 Rev. February 8, 2017
Rates for additional services, if requested by CITY:
Rate Basis Hourly Rate
Blended Rate Per hour $110
Creative Direction Per hour $130
Graphic Design Per hour $100
Project Management Per hour $90
Copywriting Per hour $90
Proofreading Per hour $90
Branding/Identity Development Per hour $100
Web Design/Development Per hour $130
Web Maintenance Per hour $100
Twitter Maintenance Per hour $90
App Design/Development Per hour $130
e-newsletter Design Per hour $100
eblast Design Per hour $100
eblast Campaign Management Per hour $100
Facebook Advertising Design Per hour $100
Online Ad Design Per hour $100
Advertising; Media Planning/Buy Per hour $100
Infographic Design Per hour $100
Powerpoint Design Per hour $100
Custom Photography/Art Direction Per hour $150
Stock Photos (Royalty-free) Per photo $25 each
Stock Photos (Rights-managed) Per photo TBD
Photo editing Per hour $90
Illustration Per hour $100
Mechanical Production Per hour $90
Press Check/Review Print Proofs Per hour $90
Travel/Mileage Rate Per hour TBD
Translation Services Per word (1 hr minimum at $100) $0.50
Web audit/evaluation Per hour $110
Movie development (story/script creation, animation graphics) Per hour $150
Multi-cultural marketing (adapting campaigns to address various community groups) Per hour $93
Bill insert creation Per bill insert $1,500
Other projects as needed TBD
DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124
City of Palo Alto General Services Agreement 19 Rev. February 8, 2017
EXHIBIT D
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE
SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF
CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED,
BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND
ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS
ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE
IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE
FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
“ADDITIONAL INSUREDS”
DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124
City of Palo Alto General Services Agreement 20 Rev. February 8, 2017
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS,
SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING
COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124
Enjoy Catalog Graphic Design, Editing, Proofing and Formatting
Scope of Services
Updated: September 2016
Specifications:
Enjoy Catalog
Quarterly publication (Winter, Spring, Summer, Fall)
Booklet size: 8” x 10 ½” (See Attached Sample)
Average of 56- 64 pages
Front and back covers in color w/ graphics.
Interior black ink plus one color
Cost out paper quality
Vendor will use existing document design from previous designer. OR, can discuss reformatting
catalog.
Page layout and editing consists of approximately 50 hours, on a tight time schedule.
Vendor will be a liaison with City and printer to provide quality control of the product.
City will provide all copy.
Vendor shall provide printer and City with PDF files.
Vendor shall create PDF files for the Enjoy website.
Vendor shall have knowledge of services and programs offered in the Enjoy catalog.
24,000 catalogs to be delivered to Embarcadero Publishing to be distributed in the Palo Alto
Weekly.
2,000 to be delivered to Cubberley Community Center for distribution.
Summer Camps and Aquatics Guide
One separate annual publication
Booklet size: 8” x 10 ½” (See Attached Sample)
Average of 56 pages
Interior black ink plus one color
Front and back covers in color w/ graphics.
Vendor will use existing document design from previous designer.
Page layout and editing consists of approximately 50 hours, on a tight time schedule.
Vendor will be a liaison with City and printer to provide quality control of the product.
City will provide all copy.
Vendor shall provide printer and City with PDF files.
Vendor shall create PDF files (or other suitable formats) for the Enjoy website.
Vendor shall have knowledge of services and programs offered in the Enjoy catalog.
24,000 catalogs to be delivered to Embarcadero Publishing to be distributed in the Palo Alto
Weekly.
2,000 to be delivered to Lucie Stern Community Center for distribution.
Attachment 1: Samples of past Enjoy catalog (Summer and Fall 2016)
Attachment 2: Spring, Summer and Fall 2017 Production Schedule