CITY OF LAGUNA NIGUEL
CITY CouncIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Ron Rivera, Parks and Recreation Director
DATE: August 2, 2022
SUBJECT: Approval of Professional Services Agreement with Westamerica Communications for the Printing & Distribution of the City Recreation Brochure Publication
RECOMMENDATION
Staff recommend that the City Council:
1. Approve the Professional Services Agreement with Westamerica Communications, for three years with the option for two one year extensions for the publication and distribution of the Recreation Brochure; and
2. Authorize the City Manager to execute the Agreement and future amendments to the Agreement subject to the City Attorney making non-substantive changes.
BACKGROUND
The City of Laguna Niguel has utilized contract services to produce the Recreation Brochure publication since 1990, with the most recent vendor being Westamerica Communications.
In line with the City's Purchasing Policy, in April 2022, staff developed a Request for Proposal (RFP) (Attachment A) to identify the most qualified company to work with the Parks and Recreation Department to continue offering a printed and mailed Recreation Brochure that highlights the City's recreation classes, camps, special events, community news, and services. The City received two proposals. One from The PM Group and another proposal from Westamerica Communications. Staff evaluated the proposals and interviewed both companies as part of the comprehensive evaluation process.
ANALYSIS
The RFP requires publishing the brochure two times per year and mailing postcards 4 times per year. The purpose of the postcards is to notify residents of noteworthy upcoming events and programs as well as the new digital recreation brochure that is
available on the City website. In order to accomplish this, the scope of work included in the RFP included full graphic design, art direction, layout, typesetting, printing, and mailing services for approximately 26,500 postal customers.
Proposals were evaluated based on qualifications of the firm, staffing and project organization, work plan, and cost. A City staff team reviewed the proposals for completeness, relevant experience, caliber of work with similar jurisdictions, and best overall value to meet the needs of the City.
The proposals were independently rated by staff and scores were averaged to determine the highest-rated company. After careful review of both proposals and interviewing both companies, Westamerica • Communications proved to be the most qualified firm (Attachment B). Westamerica Communications was ranked the highest with a score of 95 out of 100 and The PM Group received a total score of 89 out of 100.
Through the process, Westamerica Communications demonstrated their experience and expertise to complete the work and is therefore being recommended for the contract award based on the following factors:
Qualifications: Westamerica Communications is familiar with the City of Laguna Niguel and has printed the Recreation Brochure for over 25 years. The Recreation Brochure is printed and mailed in a professional and efficient manner, which exceeds expectations. Additionally, Westamerica Communications demonstrated their ability to customize the product to meet the needs of the City, identifying methods of approach to handle unintended consequences from the pandemic, such as paper shortages and fluctuating supply costs.
• Staffing: Westamerica has a direct relationship with their papermills to obtain the paper orders at a quicker rate and have an excess amount of paper currently in stock at their local warehouse in Lake Forest, CA.
• Work Plan: The Account Executive is familiar with the City and this specific publication which allows them to anticipate concerns and respond accordingly to changes or alterations.
• Cost and Price: Westamerica has included all costs in their price proposal with no limits on the number of rounds of edits. During the interview process, both companies mentioned that the paper supply is in flux and that the ability to control or predict the future cost of paper is nearly impossible. Westamerica Communications included a 15% increase in their annual pricing; however, knowing that the cost of paper may stay the same, or decrease, Westamerica would be willing to reevaluate on an annual basis and adjust prices downward if cost trajectory warrants a move. The average cost of publication is $99,341 per year for a three (3) year period. This annual price is all inclusive, and through the interview process the proposer demonstrated their ability to offer flexibility to prevent additional costs from being incurred for work and corrections that may arise that is considered to be standard for this type of production. The PM Group was not able to guarantee an all-inclusive cost.
A cost comparison of the two companies can be found in the table below. The table essentially displays the annual cost for The PM Group as the minimum annual cost, and Westamerica as the maximum annual cost.
YEAR
FIRM
AVERAGE
1 2 3 5*
The PM Group $78,146.40 $78,146.40 $78,146.40 $78,146.40 $78,146.40 $78,146.40 [Westamerica $86,383 $98,840 $112,800 $129,046 $146,728 $114,759.40 *Optional Extensions
After the evaluation and interview, it was determined that there is not certainty with the PM Group proposal as this is only the minimum cost. The PM Group indicated that their proposal is strictly based on the current market. Although they indicated that the paper supply is currently in flux, an estimated increase was not included in the proposal which created a challenge in forecasting what the possible future budgetary needs and actual expense will be for the City. The PM Group also stated that although all efforts would be made to procure the proposed materials, there was no guarantee in either availability or pricing. Further, The PM Group indicated that additional costs may be incurred for work that was considered routine and part of the regular scope of work in the creation of a brochure/print material.
For these reasons, staff recommends that the City Council approve the Professional Services Agreement with Westamerica Communications (Attachment C), for the publication and distribution of the Recreation Brochure publication, and postcards, for a three-year term effective through June 30, 2025, with two (2) additional one-year option terms to be entered into administratively. The Agreement includes the annual not-to- exceed expense amounts of:
• Year 1: $87,000
Year 2: $99,000
Year 3: $113,000
Year 4: $130,000 (Optional Extension #1)
• Year 5: $147,000 (Optional Extension #2)
ALTERNATIVES CONSIDERED
The City Council may consider directing staff to:
1. Select the other firm that responded to the RFP (The PM Group). Staff does not recommend this option as there is a high risk of incurring additional costs that may exceed the annual contract amount due to the fluctuation in supply and variable pricing.
2. Reject both proposals and rebid the RFP. Staff does not recommend this option as this would cause a delay in the print production of marketing material.
FISCAL REVIEW
Funding for this contract has been included in the adopted FY 2022-2023 Parks and Recreation Department budget. Future year funding allocations will be included as part of the annual budget process.
LEGAL REVIEW
The City Attorney has reviewed the Professional Services Agreement and has approved the agreement and report as to form.
CONCLUSION
Staff recommend that the City Council:
1. Approve the Professional Services Agreement with Westamerica Communications, for three years with the option for two, one-year extensions for the publication and distribution of the Recreation Brochure; and
2. Authorize the City Manager to execute the agreement and future amendments to the Agreement subject to the City Attorney making non-substantive changes.
Jamara Retonian. ина. State
Tamara S. Letourneau Nick Ghirelli
City Manager Interim Assistant City Attorney
Kristin Fores for
Eric Hendrickson Ron Rivera
Finance Director Parks and Recreation Director
callen reh Kaai gaver
Colleen Gelft Kaori Garcia
Recreation Supervisor Recreation Coordinator
Attachments:
A. Request for Proposals (RFP)
B. Westamerica Communications Proposal
C. Professional Services Agreement with Westamerica Communications
ATTACHMENT A
Request for Proposal (RFP)
REQUEST FOR PROPOSALS (RFP)
Publication and Distribution
of Recreation Brochures and
Postcards
AGU
98 City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
(949) 362-4300
Key RFP Dates
Issue Date: June 1, 2022
Question Submittal Date: June 8, 2022
City Response Date: June 10, 2022
Proposal Submittal Date: June 15, 2022
TABLE OF CONTENTS
SECTIONI: INSTRUCTIONS TO PROPOSERS 1
SECTION II: PROPOSAL CONTENT. .. 6
SECTION I: EVALUATION AND AWARD 11
EXHIBIT A: SCOPE OF WORK......... 14
EXHIBIT B: COST AND PRICE FORMS 19
EXHIBIT C: PROPOSED AGREEMENT .21
EXHIBIT D: SAMPLE RECREATION BROCHURE . 31
CITY of LAGUNA NIGUEL CITY COUNCIL
30111 Crown Valley Parkway • Laguna Niguel. California 92677 Phone/949 • 362 • 4300 Fax/949 • 362 • 4340
Mayor Elaine Gennawer
Mayor Pro Tem Sandy Rains
Council Member Kelly Jennings
Council Member Fred Minagar
Council Member Rischi Paul Sharma
NOTICE OF REQUEST FOR PROPOSALS ("RFP")
RFP SUBJECT: "Publication and Distribution of Recreation Brochures and Postcards" TO: All Proposers
FROM: City of Laguna Niguel
The City of Laguna Niguel (City) invites proposals from qualified consultants to provide ublication and distribution of Recreation Brochures and Postcards for the Parks anc Recreation Department. The budget for this effort is $300,000 maximum for a three-yea term effective July 19, 2022, through June 30, 2025, with two additional one-year option terms.
Proposals must be received in the City's office at or before 2:00 p.m. on June 15, 2022 Proposals delivered in person or by a means other than the U.S. Postal Service shall be submitted to the following:
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, California 92677
Proposals delivered using the U.S. Postal Service shall be addressed as follows:
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, California 92677
Attn: Jarod Nozawa, Purchasing Manager
Proposals and amendments to proposals received after the date and time specified above will be returned to the Proposers unopened.
Proposers are able to subcontract with small businesses to the maximum extent possible.
All Proposers will be required to comply with all applicable equal opportunity laws and regulations.
The award of this contract is subject to receipt of federal, state, and/or local funds adequate to carry out the provisions of the proposed agreement including the identified Scope of Work.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
SECTION I: INSTRUCTIONS TO PROPOSERS
REP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
SECTION I. INSTRUCTIONS TO PROPOSERS
EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, the Proposer represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the City's objectives.
ADDENDA
Any City changes to the requirements will be made by written addendum to this RFP.
Any written addenda issued pertaining to this RFP shall be incorporated into the terms and contions to or deviations from the remine the ct forth in this REP as the result ar oral instructions. Proposers shall acknowledge receipt of addenda in their proposals.
Failure to acknowledge receipt of addenda may cause the proposal to be deemed non-
CITY CONTACT
All questions and/or contacts with City staff regarding this RFP are to be directed to the following:
Jarod Nozawa, Purchasing Manager Finance
Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Phone: 949-362-4359, Fax: 949-360-9601
Email: [email protected]
CLARIFICATIONS
Examination of Documents
Should a Proposer require clarifications of this RFP, the Proposer shall notify the City in writing in accordance with the City Responses section below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent through the City's website.
Submitting Requests
All questions must be put in writing and must be received by the City no later than 5:00 p.m., on June 8, 2022.
Requests for clarifications, questions, and comments must be clearly labeled, "Written Questions." The City is not responsible for failure to respond to a request that has not been labeled as such.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
Any of the following methods of delivering written questions are acceptable as long as the questions are received no later than the date and time specified above:
U.S. Mail: City of Laguna Niguel, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677.
Personal Delivery: City of Laguna Niguel Finance Department, 2n° Floor, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677.
Facsimile: 949-360-9601.
Email: [email protected].
City Responses
Responses from the City will be posted on the City's website at www.cityoflagunaniguel.org/bids no later than June 10, 2022. Proposers ma lownload responses from the City's website or request responses be sent via U.S Mail by emailing or faxing the request to Jarod Nozawa, Purchasing Manager.
Inquiries received after 5:00 p.m. on June 10, 2022, will not be responded to.
SUBMISSION OF PROPOSALS
Date and Time
Proposals must be received in the City's office at or before 2:00 p.m. on June 15, 2022.
Proposals received after the above-specified date and time will be returned to Proposers unopened.
Address
Proposals delivered in person or through U.S. mail shall be submitted to the following:
City of Laguna Niguel
Finance Department
30111 Crown Valley Parkway, 2nd Floor
Laguna Niguel, CA 92677
Attention: Jarod Nozawa, Purchasing Manager
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
Identification of Proposals
The Proposer shall submit an original and 3 copies of its proposal in a sealed package, addressed as shown above.
The outer envelope must show the Proposer's name and address and be clearly marked as follows:
"RFP for Publication and Distribution of Recreation Brochures and Postcards"
In addition to the above, Proposers shall also include one (1) electronic copy of their entire RFP submittal package in "PDF" format, on a USB flash drive.
Acceptance of Proposals
The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals.
The City reserves the right to withdraw or cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Proposer responding to this RFP.
The City reserves the right to postpone proposal openings for its own convenience.
Proposals received and opened by City are public information and must be made available to any person upon request.
Submitted proposals are not to be copyrighted.
PRE-CONTRACTUAL EXPENSES
The City shall not, in any event, be liable for any pre-contractual expenses incurred by a Proposer in the preparation of its proposal. Proposer shall not include any such expenses as part of its proposal.
Pre-contractual expenses are defined as expenses incurred by Proposer in:
Preparing its proposal in response to this RFP;
Submitting that proposal to the City;
Negotiating with the City any matter related to this proposal; or Any other expenses incurred by Proposer prior to date of award, if any, of the Agreement.
JOINT OFFERS
Where two or more firms desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture. The City
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
intends to contract with a single firm and not with multiple firms doing business as a joint venture.
TAXES
Proposals are subject to State and Local sales taxes.
CONTRACT TYPE
It is anticipated that the Agreement resulting from this solicitation, if awarded, will be a fixed unit-price for work specified in the scope of work, included in the RFP as Exhibit A. The term of the contract is effective July 19, 2022, through June 30, 2025, with two additional one-year option terms.
CONFLICT OF INTEREST
All Proposers responding to this RFP must avoid organizational conflicts of interest which would restrict full and open competition in this procurement. An organizational conflict of interest means that due to other activities, relationships, or contracts, a Proposer is unable, or potentially unable, to render impartial assistance or advice to the City; a Proposer's objectivity in performing the work identified in the Scope of Work is or might be otherwise impaired; or a Proposer has an unfair competitive advantage. Conflict of Interest issues must be fully disclosed in the Proposer's proposal.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
SECTION II: PROPOSAL CONTENT
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
SECTION II. PROPOSAL CONTENT
A. PROPOSAL FORMAT AND CONTENT
Format
Proposals should be typed with a standard 12-point font, double-spaced, and submitted on 8 1/2'x11" size paper, using a single method of fastening. Charts and schedules may be included in 11"x17" format. Proposals should not include any unnecessarily elaborate or promotional materials. Proposals should not exceed fifty (50) pages in length, excluding any appendices, cover letters, resumes, or forms.
Letter of Transmittal
The Letter of Transmittal shall be addressed to Jarod Nozawa, Purchasing Manager, and must, at a minimum, contain the following:
Identification of the Proposer that will have contractual responsibility with the City. Identification shall include the legal name of company, corporate address, telephone and fax number, and email address. Include the name, title, address, email address, and telephone number of the contact person identified during period of proposal evaluation.
Identification of all proposed subcontractors including the legal name of company, contact person's name and address, telephone and fax number, and email address, relationship between Proposer and subcontractors, if applicable.
Acknowledgement of receipt of all RFP addenda, if any.
A statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal.
Signature of a person authorized to bind the Proposer to the terms of the proposal.
Signed statement attesting that all information submitted with the proposal is true and correct.
Technical Proposal
Qualifications, Related Experience, and References of Proposer This section of the proposal should establish the ability of the Proposer to satisfactorily perform the required work by reasons of: experience ir erforming work of a similar nature; demonstrated competence in th services to be provided; strength and stability of the firm; staffing
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
capability; workload; record of meeting schedules on similar projects; and supportive client references.
Proposers shall:
Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship, trust, limited liability company; number, size, and location of offices; and number of employees.
Provide a general description of the firm's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede the Proposer's ability to complete the Describe the firm's experience in performing work of a similar nature to that solicited in this RFP and highlight the participation in such work by the key personnel proposed for assignment to this project.
Identify subcontractors by company name, address, contact person, telephone number, email address, and project function. Describe the Proposer's experience working with each subcontractor.
Provide as a minimum three (3) references for the projects cited as related experience, and furnish the name, title, address, telephone number, and emai address of the person(s) at the client organization who is most knowledgeable about the work performed. The Proposer may also supply references from other work not cited in this section as related experience.
Proposed Staffing and Project Organization
This section of the proposal should establish the method, which will be used by the Proposer to manage the project, as well as identify key personnel assigned.
Proposer shall:
Identify key personnel proposed to perform the work and include major person has been with the firm.
Furnish brief resumes (not more than two [2] pages each) for the proposed Project Manager and other key personnel that includes education, experience, and applicable professional credentials.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
Include a project organization chart, which clearly delineates communication/reporting relationships among the project staff.
Include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City.
Work Plan
The Proposer should provide a narrative, which addresses the Scope of Work, and shows the Proposer's understanding of the City's needs and requirements.
The Proposer shall:
Describe the approach to completing the work specified in the Scope of Work. The approach to the work plan shall be of such detail to demonstrate the Proposer's ability to accomplish the project objectives and overall schedule.
Outline sequentially the activities that would be undertaken in completing the work and specify who would perform them.
Identify methods that the Proposer will use to ensure quality control, as well as budget and schedule control for the project.
Identify any special issues or problems that are likely to be encountered in this project and how the Proposer would propose to address them.
The Proposer is encouraged to propose enhancements or procedural or echnical innovations to the Scope of Work that do not materially deviat rom the objectives or required content of the project
Provide samples of past collateral for similar recreation brochures. Copies of samp. Paper sad bies, nor ded ith the prinal proposal and each proposal Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where the Proposer wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, the Proposer will be deemed to have accepted the contract requirements as set forth in Exhibit
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
Cost and Price Proposal
As part of the cost and price proposal, the Proposer shall submit proposed pricing to provide the services for the work described in Exhibit A, Scope of Work.
The Proposer shall complete the "Price Summary Sheet" form included with this RFP (Exhibit B), and furnish any narrative required to explain the prices. It is anticipated that the City will issue a fixed unit-price contract to complete the Scope of Work.
Appendices
Information considered by the Proposers to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be laced in a separate appendix section. Proposers are cautioned, however, that thi oes not constitute an invitation to submit large amounts of extraneous material Appendices should be relevant and brief.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
SECTION III: EVALUATION AND AWARD
REP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
SECTION III. EVALUATION AND AWARD
A. EVALUATION CRITERIA
The City will evaluate the offers received based on the following criteria:
Qualifications of the Firm 35%
Technical experience in performing work of a closely similar nature; experience working with public agencies; strength and stability of the firm; strength, stability. experience, and technical competence of subcontractors: assessment by client Staffing and Project Organization 35%
Qualifications of project staff, particularly key personnel and especially the Project Manager; key personnel's level of involvement in performing related work cited in "Qualifications of the Firm" section; logic of project organization; adequacy of labor commitment; concurrence in the restrictions on changes in key personnel.
Work Plan 15%
Depth of the Proposer's understanding of City's requirements and overall quality of vork plan; logic, clarity, and specificity of work plan; appropriateness of resource llocation; utility of suggested technical or procedural innovations: quality of samples of similar work specified in Exhibit A.
4. Cost and Price 15%
Reasonableness of rates; competitiveness with other offers received; adequacy of data in support of figures quoted.
B. EVALUATION PROCEDURE
An evaluation committee will be appointed to review all proposals received for this RFP.
The committee is comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using criteria identified in Section III A. A list of top ranked proposals, firms within a competitive range, will be developed based upon the totals of each committee members' score for each proposal.
During the evaluation period, the City may interview some or all of the proposing firms.
The City has established June 29, 2022 as the date to conduct interviews. All prospective Proposers are asked to keep this date available. No other interview dates will be provided; therefore, if a Proposer is unable to attend the interview on this date, its proposal may be eliminated from further discussion. The interview may consist of a
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
short presentation by the Proposer after which the evaluation committee will ask questions related to the firm's proposal and qualifications.
At the conclusion of the proposal evaluations, Proposers remaining within the competitive range may be asked to submit a Best and Final Offer (BAFO). In the BAFO request, the firms may be asked to provide additional information, confirm, or clarify issues, and submit a final cost/price offer. A deadline for submission will be stipulated.
At the conclusion of the evaluation process, the evaluation committee will recommend to City's management the Proposer whose proposal is most advantageous to the City.
C. AWARD
The City may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City.
The City reserves the right to award its total requirements to one Proposer or to apportion those requirements among several Proposers as the City may deem to be in its best interest.
In addition, negotiations may or may not be conducted with the Proposer; therefore, the proposal submitted should contain the Proposer's most favorable terms and conditions, since the selection and award may be made without discussion with any Proposers.
The selected Proposer will be required to submit to the City's Finance Department a current IRS W-9 form prior to commencing work.
D. NOTIFICATION OF AWARD AND DEBRIEFING
Proposers who submit a proposal in response to this RFP shall be notified in writing of the contract award. Such notification shall be made within three (3) business days of the date the contract is awarded.
Proposers who were not awarded the contract may obtain a debriefing concerning the strengths and weaknesses of their proposal. Unsuccessful Proposers, who wish to be debriefed, must request the debriefing in writing or electronic mail and the City must receive it within seven (7) business days of notification of the contract award
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT A
EXHIBIT A: SCOPE OF WORK
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT A
SCOPE OF WORK
The City of Laguna Niguel (City) publishes a Recreation Brochure two (2) times per year, and postcards four (4) times per year that are delivered to approximately 26,178 postal customers. The City is requesting proposals from qualified consultants to provide full production of the Parks & Recreation Brochures and Postcards (i.e., graphic design, art direction, layout, typesetting, printing, and mailing services) that detail available activities, camps, classes, programs, and events.
The Consultant shall:
• Have experience creating similar projects within the last three (3) years, providing the same or similar services requested in this RFP and provide sample(s) of their work. • Provide sufficient staff and/or sub-consultants available with experience in the disciplines required for this service.
• Provide a dedicated representative who can effectively communicate with City staff and respond quickly throughout the workday while working on said projects. • Incur any costs that result from errors in the typesetting, design, or layout of the final approved version of the brochure.
• Be responsible for all design work, stock photo cost, color separation, set-up, cropping, etc. Photos for the front cover and inside pages may be provided by the City to be incorporated into design. • Have their printer located within twenty (20) miles from the City and be able to deliver printed material in a timely manner, as requested by City.
• Submit the final draft of the Parks & Recreation Brochure through a safe and secure file transfer site (FTS) service.
• Submit a copy of their Disaster Recovery Handbook and Protocol.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT A
PROCESS
The City will provide the Consultant with all class and event information in a Word document and the Consultant shall provide all of the services required to complete the publications.
FREQUENCY
The City requires two (2) brochure issues per year and one (1) postcard per quarter, for a total of four (4) postcards per year, totaling six (6) print projects per year. Quarters include Summer (June-August), Fall (September-November), Winter (December- February), Spring (March-May).
QUANTITY
28,000 brochures and postcards per print cycle, two (2) brochure issues per year and one (1) postcard per quarter, (Quantity may vary as City population fluctuates). Quantity to include approximately 1,822 remaining print materials not directly mailed (EEDM), which will be delivered to Crown Valley Community Center.
PRINTING
Sheets fed offset only. Consultant shall also be capable of in-house digital printing.
PAYMENT
The Consultant shall invoice the City for payments corresponding to the work actually completed for each brochure and postcard. The City will submit a check for payment within thirty (30) days from receipt of the invoice.
REP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT A
PAGES
Each brochure shall include no more than thirty-six (36) pages including cover. (Page quantity may vary for special additions). Postcards will be two sided.
PAPER STOCK
Brochure - Seventy (70) pound White House Gloss Book Postcard - One Hundred ten (110) pound Regular Gloss Cardstock
COVER STOCK
Brochure - One hundred (100) pound White House Gloss Book COLOR
Brochure and Postcard shall be full color
SIZE
The Brochure shall be no larger than 8 - 8.5 inches wide and 10.5 - 11 inches high.
The Postcard shall be between 5.5 - 11 inches wide and between 4 - 6 inches high.
DRAFT PROCESS
The graphic designer and City staff will work closely to complete multiple working drafts (showing corrections) of the brochure and/or postcard. The graphic designer must be accessible Monday through Friday from 8:00 a.m. to 5:00 p.m. until approved corrections are made.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT A
PROOFS
The Consultant shall provide the City with one (1) high-resolution (blue line) physical and digital proof of the entire brochure and/or postcard. Additional proofs are required within twenty- four (24) hours until approved corrections are made.
BINDERY
The Consultant shall trim, fold, in-house saddle stitch, and prepare printed material for mailing.
ARTWORK
In-house full color design, concept design, photos, and production art. The Consultant shall provide design of front and back brochure cover and/or postcard artwork. The City shall provide a Microsoft Word document of information and the Consultant shall transfer the information to digital files (both InDesign and PDF Format). The Consultant must also have access to stock photos (public domain and non-copyrighted materials) that include images of people, recreation activities, special events, etc. The Consultants in-house design team must be available Monday through Friday, 8:00 a.m. to 5:00 p.m.
MAILING
The selected printing company must have in-house mailing capabilities and cannot be sourced out.
The Consultant shall utilize Every Door Direct Mail (EDDM) to mail brochure to Postal Local Customers in the City. The Consultant must also have access to residential mailing list/ routes for ZIP Code 92677.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT A
POSTAGE
The Consultant shall obtain precise postage pricing (for each issue) from the United States Postal Service (USPS), based on weight and exact quantities required for mailing to every resident and business address in the City. The Consultant shall pay for all postage costs prior to brochures and/ or postcards being mailed to City residents. Such costs shall be added to invoices and paid as described in the "Payment" section. The Consultant shall also be responsible for picking up previously issued surplus brochures and recycle responsibly.
DELIVERY
Deliver the respective number of recreation brochures and/or postcards to USPS for delivery to City residents, which include an approximate amount of +/- 26,178 per print run of either brochures or postcards (quantity may vary as City population fluctuates). All brochures and postcards shall meet the USPS standards for bulk rate mail. The Consultant shall file the necessary paperwork with the USPS for receipt and delivery. The Consultant shall also deliver +/- 1,800 brochures and/ or postcards to Crown Valley Community Center, and delivery of those brochures and/or postcards should be no later than the tenth day after getting final approval of the proof from the City. Proof of delivery to USPS is required.
PROJECT SCHEDULE
A calendar of deadlines will be provided to the Consultant annually. The approximate USPS delivery dates are listed below, but delivery dates/timelines are subject to change based on current and best marketing practices which may fluctuate:
BROCHURES
• Camps - First week of March
• Summer - Last week of April
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT A
POSTCARDS
• Fall - First week of August
• Winter - First week of November
• Spring - First week of February
• Summer - Last week of April
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT B
EXHIBIT B: COST AND PRICE FORMS
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT B
PRICE SUMMARY SHEET
Enter below the proposed price for the services described in the Scope of Work, Exhibit A.
Prices shall include direct costs, indirect costs, tax and profits. The quantities provided below are for REP evaluation purposes only. The City's intention is to award a fixed unit-price type contract.
UNIT PRICE
QUARTER Quantity Total
(per postcard)
Fall 2022 $ 28,000 $
Winter 22-23 $ 28,000 $
YEAR 1
Spring 2023 I$ 28,000 $
Summer 2023 28,000 $
TOTAL = $
UNIT PRICE
2/yr. 36 pgs. (per brochure) Quantity Total
YEAR 1 Camps 2023 $ 28,000 $
Summer 2023 1$ 28,000 $
TOTAL = S
UNIT PRICE
QUARTER Quantity Total
(per postcard)
Fall 2023 $ 28,000 $
Winter 23-24 $ 28,000 $
YEAR 2
Spring 2024 $ 28,000
Summer 2024 28,000 $
TOTAL = $
UNIT PRICE
2/yr. 36 pgs. Quantity Total
(per brochure)
YEAR 2 Camps 2024 $ 28,000 $
Summer 2024 $ 28,000 $
TOTAL = $
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT B
UNIT PRICE
QUARTER Quantity Total
(per postcard)
Fall 2024 $ 28,000 $
Winter 24-25 I$ 28,000 $
YEAR 3
Spring 2025 28,000 $
Summer 2025 28,000 $
TOTAL = $
UNIT PRICE
2/yr. 36 pgs. Quantity Total
(per brochure)
Camps 2025 $ 28,000 $
YEAR 3
Summer 2025 28,000 $
TOTAL =
UNIT PRICE
QUARTER Quantity Total
(per postcard)
Fall 2025 $ 28,000 $
Winter 25-26 $ 28,000 $
YEAR 4
Spring 2026 $ 28,000 $
(Option) Summer 2026 28,000 $
TOTAL = $
UNIT PRICE
2/yr. 36 pgs. Quantity Total
(per brochure)
YEAR 4 Camps 2026 28,000 $
(Option) Summer 2026 $ 28,000 $
TOTAL =
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT B
UNIT PRICE
QUARTER Quantity Total
(per postcard)
Fall 2026 $ 28,000 $
Winter 26-27 $ 28,000 $
YEAR 5 $
Spring 2027 28,000 $
(Option) Summer 2027 28,000
$
TOTAL = $
UNIT PRICE Total
2/yr. 36 pgs. Quantity
Sper brochure)
YEAR 5 Camps 2027 28,000 $
(Option) Summer 2027 28,000
TOTAL = $
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
EXHIBIT C: PROPOSED SAMPLE AGREEMENT
REP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
PROPOSED AGREEMENT FOR PROFESSIONAL SERVICES
Publication and Distribution of Recreation Brochures and Postcards THIS AGREEMENT is made and entered into the _day of
— by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", [capacityl hereinafter the "Consultant".
RECITALS:
1. City requires publication and distribution of recreation brochures two (2) times per year and postcards quarterly, (4) times per year, to residents of the City City circulated a Request for Proposal for the above-described services on , 2022
Consultant submitted a proposal to the City to provide the required services on , 2022
qualifications, proposed shit, perite plan and the aires and reason anes or constants proposed cost, has determined that an agreement to provide the required services should be awarded to Consultant.
5. The City desires to enter into an agreement with Consultant for Consultant to provide required services.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in Consultant's proposal dated _ ('Scope of Work") which is attached hereto as Exhibit"
professional darinal ot ish arent Series or this Age change in the fede of Very ander amendment to this Agreement.
3. Term. This Agreement shall become effective on the date stated above and will continue in effect until June 30, 2025 subject to termination as provided in paragraph 27 except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The agreement may be extended for two one-year terms if Consultant's
REP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
performance is satisfactory and that it is in the interest of the City
4. Payment for Services. City agrees to pay Consultant for providing the professional manner and at the times set forth in Exhibit» and to pay for those scrvices in the amount and in the services which are described in Exhibit " " [Make reference to any applicable fee schedule.]
Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by City. Such approval shall not be unreasonably withheld. If City does not approve an invoice, the City shall notify Consultant in writing of the reasons for the non-approval within seven (7) days of receipt of the invoice.
5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the professional services required by Exhibit "A" shall be the property of the City and shall be provided by Consultant to City upon their completion. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate.
6. Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein when reasonably requested by City.
7. Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities and tools required to perform the services under this Agreement.
8. Licenses; Standard of Care.
a. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.
b. Consultant shall perform the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement.
Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Work to eliminate the errors.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
9. Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.
10. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.
11. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.
In requesting permission to subcontract any portion of the services contemplated by this Agreement, Consultant shall provide to City a precise written description of:
a. The nature and scope of the work to be subcontracted, and the reason(s) such subcontracting is required or desired.
The qualifications of the subcontractor.
c. A statement signed by such subcontractor indicating that the subcontractor is not representing or providing services to any party, either by contract, subcontract, or other arrangement which party has interests which could reasonably be perceived as adverse to those of City, and that if approved as
subcontractor with regard to the subject Agreement between City and Consultant, said subcontractor will abide by all pertinent provisions of the Agreement between City and
'onsultant including, but not limited to providing direc vritten notice to City consistent with the procedures set fort in Section 11 of such Agreement in the event subcontractor finds itself representing or being requested to represent a party whose interest (s) may reasonably appear to be adverse to those of City. Subcontractor shall also provide a copy of such notice to Consultant.
12. Independent Consultant. Consultant is and shall at all time remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
13. Administration. This Agreement will be administered by the Parks and Recreations Department. The Parks and Recreations Director or designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Parks and Recreations Director or designee shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.
14. Progress. Consultant is responsible to keep the Project Administrator and/or designee informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.
15. Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement with the exception of those documents which the Scope of Work calls upon the Consultant to prepare.
16. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.
17. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City.
Consultant agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
18. Indemnification. Consultant shall indemnify, protect, defend and hold harmless, City and its Council members, officers, employees, agents, and representatives from any suits, claims, actions, liability or damages of whatsoever kind and nature that may arise from or is in any way related to Consultant's performance of work pursuant to this Agreement. This provision shall survive the term of this Agreement.
19. Insurance. Without limiting Consultant's indemnification of City as described in paragraph 18, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. Said policy or policies shall be with insurance carriers admitted to do business in the State of California. The City of Laguna Niguel and its Council members, officers, employees, agents, and representatives shall be named as additional insureds under the policies required by subparagraphs a.(2). and a. (3). for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.
a. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
(1) Worker's compensation insurance covering all employees and principals of Consultant that is of a minimum amount of $1 million per accident and is in accordance with the laws of the State of California and Employers Liability Insurance in the amount of $100,000.
(2) General liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit.
(3) Auto liability and property insurance covering any owned, hired and non-owned vehicles of Consultant in a minimum amount of $2 million combined single limit per accident for bodily injury and property damage. (4) Professional liability insurance, or errors and omissions insurance, for claims for bodily injury, death, property damage, or economic loss which may arise from the performance of the Consultant's work under this Agreement. Such policies shall be in the amount of $2 million per occurrence and in the aggregate.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or In limits except after sixty (60) days prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of any claim made or suit instituted against Consultant pertaining to Consultant providing services pursuant to this Agreement. Consultant shall also procure anc maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the services under this Agreement.
c. Consultant shall include subcontracting consultants, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for each subcontractor shall be subject to the requirements stated herein.
20. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
21. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Work.
22. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
23. Notices. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
CITY: City of Laguna Niguel
Attn: City Manager
30111 Crown Valley Parkway
Laguna Niguel, California 92677
CONSULTANT:
24. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Exhibit " " hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made Agreement will be effective only if it is in writing and signed by both parties to this Agreement.
25. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.
26. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.
27. Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the other party that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days [or some other appropriate period of time] in advance of the termination date. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3. If City terminates this Agreement pursuant to this paragraph, Consultant's compensation shall be paid based on the percentage of the required services performed.
28. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
29. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
30. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.
32. Authority to Sign. The person [or persons] executing this Agreement on behalf of the Consultant warrants and represents that he [she/they has [have the authority to execute this Agreement on behalf of the Consultant and has [have] the authority to bind the Consultant to the performance of the obligations hereunder.
/I/
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT C
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By: _
Print Name: _
Title:_
ATTEST:
Deborah Harrington,
Interim City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Kevin Ennis, Esq.
City Attorney
"CONSULTANT"
insert name of company]
By: _
Print Name:
Title:
By:_
Print Name:
Title:
[Signatures are to be notarized; attach Acknowledgement.
Need two signatures if Consultant is a corporation.]
RFP for Publication and Distribution of Recreation Brochures and Postcards June 1, 2022
EXHIBIT D
EXHIBIT D: SAMPLE RECREATION BROCHURE
&
SAMPLE POSTCARD
ATTACHMENT B
Westamerica Communications Proposal
A Proposal to
the City of Laguna Niguel
1989
for the Production
of the
Quarterly Recreation Guide
From: Dan Ryan, Account Executive Westamerica
Westamerica Communications
Updated 6/15/22 the new spurt of communications
Letter of Transmittal
June 14, 2022
Mr. Jarod Nozawa
Purchasing Manager
City of Laguna Niguel
Dear Mr. Nozawa,
Thank you for the chance to present a proposal for your Recreation Guide. We have been a supplier to Laguna Niguel for many years and desire to continue our service.
Our corporate contact information is as follows:
Westamerica Communications
26012 Atlantic Ocean Drive
Lake Forest, CA 925630
Phone: 949-462-3600
Fax: 949-463-3600
Email: [email protected]
Web: www.mywestamerica.com
Our key contact for the proposal evaluation process is located in our corporate office above address.
Doug Grant
CEO
Email: [email protected]
Phone: 949-462-3600 x411
There are no subcontractors involved in this agreement proposal. We have received all REP information and addendum.
This proposal shall remain in valid for a period of not less than 120 days from the date of submittal. All information submitted is true and correct.
Sincerely,
Doug Grant
CEO
Westamerica Communications Overview
Westamerica Communications
Qualifications, Related Experience and References
Westamerica has been an Orange County print and marketing company for over 45 years. During that time, we have been proud to serve as the preferred print provider for many of the communities throughout Orange County. We currently serve the City of Aliso Viejo, City of Laguna Hills, Dana Point and City of Mission Viejo and have been the printer of record for the City of Laguna Niguel since 2014.
Westamerica Communications' service in Orange County is legendary, and we grow by word of mouth. Many of our clients are referrals, and those clients have given us opportunities across a broad range of vertical municipal markets, including sanitation and water districts, police services and recreational departments. We have the experience and knowledge in this unique services market and can anticipate and prevent any situations that may compromise your exacting standards.
Growing steadily since its founding in 1977, Westamerica merged its print services with PSB Marketing in 2014 to build a marketing powerhouse. The same family that started Westamerica is still running it. With that comes knowledge, experience, and an empathy to our client's needs. Westamerica is a corporation, with over 100 committed employees and one 45,000 square foot production facility located in Lake Forest, California, and an additional 12,000 square foot production facility and warehouse in Irvine. The Irvine facility is being relocated this summer to a building just a few hundred feet from our main facility in Lake Forest. This will complete our goal to consolidate our operations for greater efficiency and client value. We are conveniently located in south Orange County, but our reach is nationwide.
Westamerica is a subchapter S Corporation with four primary owners.
Our focus on innovation is part of who we are and our newest expansion of into our Display Graphics Division allows us to create large scale art and design used in corporate offices to public facilities. The new movement of "environmental graphics" allows building owners to introduce imagery that supports and nurtures the institution's culture. Westamerica's wide format offerings are also used in museum work, outdoor displays and special event productions.
As a company, we have a commitment to our community that goes above and beyond others. We hold food drives for Second Harvest Food Bank and South County Outreach, and toy drives for the USMC's Toys for Tots. Our CEO create Project Rwanda (now known as The Good Dirt Ride), which assists the rural coffee bean growers, and runs a yearly event that has raised over $1,100,000 for that initiative.
Our facility is centrally located near the 241, and only a few miles from the 5/405, leaving us only 20 minutes from the City of Laguna Niguel and its offices.
Profile
Westamerica Communications has over 45 years of service to companies, organizations and municipalities in Orange County, southern California, and throughout the United States. Starting out as a small family-run printer behind Furniture Row in Laguna Hills, we've grown to a company of over 100 employees, many of whom have 10, 20 or even 30 or more years of history with Westamerica. Our employees know our clients intimately. That allows us to be attentive to even the smallest of details and anticipate every aspect of production of your publication.
We are proud to serve other municipalities. These municipalities enjoy the benefits of working with us, because we understand the unique challenges of supporting the communications team in a municipality today. Since we know the work and the industry so well, we make your task easier. We ask questions that are vital to the success of each project, and we bring that broad municipality experience to the table when collaborating with you on your project.
Westamerica has maintained a consistent track record of meeting client deadlines across a broad spectrum of vertical markets, including mailing of time-sensitive municipal materials. We won't brag about our on-time track record, because we do it as matter of course. We work internally with all members of our Production
team to ensure that all client projects are delivered as promised. We keep you advised of the schedule, so you are aware of where your project is. We plan the project using our OT View Print Management System, ensuring that your publication arrives in the mailboxes of Laguna Niguel residents on time.
Westamerica Communications is a full-service provider offering a broad array of marketing and print services, from sheet fed lithographic, digital and wide format printing, to in-house design, marketing strategies, and digital marketing. With our stable of sheet fed presses we have built-in redundancies so if a press is offline, we have other presses of the same size and configuration to keep on schedule. Our facility is set up for maximum efficiencies, which allows us to move your project through quickly, delivering it to the post office on time. We make daily drops to the main Santa Ana post office to achieve our client's communication goals.
We pride ourselves of our ability to produce this entire project inhouse without the use of any third party providers. We have purposely built a system and operation that allows us to control production and distribution of all key project steps to assure the quickest and most consistent production output with the highest quality outcomes. It has been part of our Westamerica promise.
Proposed Staffing and Project Organization
Key Personnel
Key personnel for this project include Dan Ryan, Account Executive, and Lizz Rivas-Smith, Project Manager for Dan Ryan. Both have extensive experience with City projects and similar publications, which allows them to anticipate concerns and respond accordingly to changes or alterations. Since Dan and Lizz both know your project and its requirements intimately and are sensitive to the nature of the work and the deadline, they can ensure your project's success.
Dan Ryan - Account Executive . With over 30 years in the Graphics Arts industry, Dan has been representing Westamerica Communications to the business community. Dan has been with Westamerica for over 8 years and works extensively with Municipal clients. Approximately 50% of his time is focused on serving these clients. Dan is well-aware of the challenges they face and the tools that they need to be successful. Dan is known by his clients for his exceptional follow through and genuine concern for their business and well-being. Dan's history in the printing and service industry began in the 1980s. He is a veteran well-schooled in client service, support and follow up.
Lizz Rivas-Smith - Project Manager ... Lizz is a veteran of the print industry with over 25 years of experience. She has spent most of her career in and around Orange County with large operations and understand how to make each project outcome exceptions. If Dan is out of the office, Lizz is on-site and available for direct client interaction. Specific duties include planning projects for press to assure they are laid out and produced in the most cost-efficient way possible for the pressroom.
Because Dan and Lizz are both key to the successful support of the Laguna Niguel project, neither will be replaced without the prior written concurrence of the City.
Vito Labellarte - Designer Supervisor ... Vito has been in the field of creative design and photography since 1999, and as part of the Westamerica team since 2002. Vito's responsibility, involves conceiving and designing many Westamerica print projects for press and when called upon, photographing subjects or product for inclusion in those very projects. Additionally, Vito supervises Westamerica's team of in- house designers should they be needed to support the City's graphic needs. Vito is a graduate of Cal State Fullerton with a BFA in Graphic Design.
• Kelly Vancura - Prepress Manager ... With Westamerica since 1998, Kelly oversees both of Westamerica's Pre-Press operator teams. Westamerica prides itself on its ability of matching on press what is approved at the proof stage. This is in large part due to Kelly's expertise and guidance. A valuable member of Westamerica's system architecture, Kelly has additional experience as a press operator, plate maker and scanner operator. For the last 7 years Kelly has been Westamerica's Lead Systems Operator and Prepress Manager. In 2012, Kelly earned the distinction of G7 Certified Expert, which qualifies him as an expert in the field of color management, process and quality control for proofing and printing equipment.
• John Dailey - Press Room Supervisor ... A veteran pressman with 38 years in the industry, John has operated 8 to 11-color sheet-fed presses. For the last 10 years with Westamerica, John oversees a staff of qualified press operators as Westamerica's Press Room Supervisor. His responsibilities involve directing the production yielded by Westamerica's 6 presses. John attends all client press checks and is mindful of keeping production up and costs down.
Michael Carpenter - Operations Supervisor ... Regardless of how beautifully a job is printed, if it's not finished properly - it's not a success. That is where Michael Carpenter comes in. Michael joined Westamerica Communications in 1998 and has 25 years in bindery experience in total. Michael's day-to-
day involves scheduling efficient bindery through-put - assigning the most experienced operator to the appropriate finishing machine to meet the unique requirements of the job. Michael is also Westamerica's Vendor liaison, communicating with outside vendors as needed. Michael meets regularly with each of the Project Managers and Account Reps, directly, to discuss the smallest detail to assure the best finish of their jobs.
Jim Nazario - Mail House Supervisor ... Jim joined Westamerica in 2009 bringing with him over 28 years of industry experience. Jim's Mail house team of 11, is responsible for mailing between 1.2 and 1.5 million mail pieces monthly and was awarded a perfect score in a recent USPS Mail Quality audit where every one of our mail projects was evaluated for mail preparation and/or submission errors. Zero errors were found. A real team player, Jim makes himself available to each of the departments to assure a piece will meet all the criteria necessary so that it will mail successfully at the best postage rate possible. In addition to his credentials which includes certificates from the USPS in Mail Design and Mail Center Management, Jim holds double bachelor degrees in photography and marketing/advertising, and is certified digital press operator.
Organizational Structure of Key Positions
The team that is working on the Laguna Niguel have quick access to senior management. They maintain clear reporting impact to those in the highest positions.
Abbreviated Organizational Chart
Doug Grant CEO
Mark DeBellis, VP Dan Ryan, Acct Exec Vic Piercy, VP Manufacturing Vito Labellarte, Design Supv. Jim Nazario, Mailhouse GM Mike Carpenter Ops Supv.
Adam George, Project Supv. Kelly Vancura Pre-Press Supv. John Dailey, Press Supv.
Lizz Rivas Smith, Project Mgt.
With daily production meetings and an open-door policy throughout the organization, Westamerica is an organization that exists to get things done. Our structure has been created to facilitate good communication and quick response. Senior executive leadership is only 1 - 2 levels from key decision areas.
Proposed Work Plan for Laguna Niguel Recreation Publication Our team of supervisors works with the Project Manager, Lizz Rivas-Smith, who updates Dan as to the status of your project, both daily, and as the need requires. You may call in or email Dan or Lizz., and receive an accurate report as to the status of your work at that given moment.
The process begins with the collaboration between Westamerica and the City of Laguna Niguel Recreation team regarding publication specifications such as the theme, content flow, page count, and the deadline. • Once Westamerica receives that approved files, we take the following steps:
Project Manager Lizz Rivas-Smith plans the job for the press based on page count, orders the paper, and schedules the job for Production.
• The publication moves to the Prepress Supervisor Kelly Vancura for file prep and proofing. This process involves imposing or positioning the pages in the appropriate locations on the press sheet layout to ensure that they will be in correct page order when folded. Prepress operators "soft-proof" the project on their computers to ensure correct pagination. Color-managed proofs are generated in flat format (Epson proofs), as well as folded and stitched (digital blueline). The Epson proofs are color-accurate to press, using our G7 Certified color calibration system. We affix proof tags to each proof for client sign-off and proof disposition (i.e., OK to print, OK with corrections, or new proofs required).
Kelly, Lizz and Dan review the digital proofs in advance of Dan presenting the proofs to the client.
Dan schedules a meeting with City of Laguna Niguel and provides a proof for review. • If corrections are required, edits are made with PDF's emailed for review and approval.
If approved, proofs are returned to Prepress to prepare printing plates.
Final proofs have a "Final Proof" sticker affixed to EACH proof, and the production job ticket and proofs are submitted to the Plating department.
Westamerica can also create a flip-book PDF, which can be sent to the Recreation team for inclusion on their website.
The platemaker will access the imposed files residing on our Kodak Prinergy system, and generates the plates. For each plate, the platemaker will review each printing plate against the final signed off proofs to ensure that all corrections (if applicable) were made, and that there are no missing graphics or other elements. Once this inspection process is complete, the platemaker takes the plates to the pressroom.
• The specified paper stock ordered through Westamerica's VPASS Program will limit the possibility of any stockout circumstance during any industry-wide shortage. Please see more about this program on page 19.
The printing process commences on Westamerica's sheet fed presses. Press operators mount the plates onto the press and load the paper into the "feed" end. As each side of each press sheet is printed, Dan "press checks" the press sheet along with Press Room Supervisor, John Dailey. Throughout the print run the publication is being reviewed against target color specifications and quality requirements, press operators check the press sheets against the final proof to make sure that the printed sheet matches the signed-off proof.
• Following the successful print run, the flat press sheets go into our Bindery department for folding, cutting and saddle-stitching. Bindery Supervisor Michael Carpenter inspects each folded form to ensure that it is folded correctly by matching it against the client approved digital blueline. After the folding process is complete, the job is set up on the saddle-stitcher. Mike inspects the stitched form against the final proof, making sure that all pages are in correct order and no copy is being trimmed off. During the stitching run,
our QA process involves Mike and his operators removing samples from the stitched books to check for accuracy.
• The Quality Assurance team completes a through quality review before releasing the publication to the Mail House. They inspect the job for color accuracy and consistency, correct pagination, and confirm that all corrections were made. This is the final step in the entire QA process before going to the Mail House. • Carrier Routes are calculated, mail data processing is performed, and USPS paperwork is prepared. • A postage estimate is presented for payment.
Note: If a postage account is already in place for the city we'll use that. If not, we can assist the city in developing a direct account with the USPS for the best results. Many of our city clients are using the USPS PDA (Postage Deposit Accounts) to streamline and facilitate their postage usage. In the event that postage isn't paid in advance, Westamerica can front the postage on an exception basis only. We have done this on occasion in the past.
• All issues are bundled and delivered to the Post Office for mail delivery.
Cost and Price Proposal
The pricing below includes all direct costs, indirect costs, and mailing services. Postage will be estimated at time of project and presented as a separate fee. As the City's Recreation Brochure is a quarterly publication, it is not subject to sales tax.
Prices below based on publication size and various quantities. They all share the same characteristics as follows:
Recreation Guide
Print Quantity: Total 28,000
Total Pages: 36 per issue
Cover
Flat Size: 17 x 11 Finishing at: 8.5 x 11
Paper: 100# White Endurance Gloss Book
Printing: 4-Color Process + OA Gloss AQ 2 Sides
Text Interior
Flat Size: 17 x 11 Finishing at: 8.5 x 11
Paper: 70# White Endurance Gloss Book
Printing: 4-Color Process + OA Gloss AQ 2 Sides
Proofing: Improof & Epson and Blue Line where requested Finishing: Fold, Saddle Stitch, Prepare for Mailing
Deliver local
Mailing Services Include: Prepare approx 26,178 pieces for EDDM mailing. (a) Import Data
(b) NCOA/CASS & Data Sort
(c) Postal documentation Prep (d) Sort, Tray & Deliver to USPS Postage is additional; estimate will be provided in advance based on list size. Many of our clients use apostage account which allows the city to directly manage their resources in this area to speed time to Postcard
Print specifications
Sheet fed
110 Pound Gloss Cover Stock
Size approximately 6 x 11
Print 4/4
Design Services
Design services are included in the pricing below and represents all design work, stock photo cost, color separation, set-up, cropping, etc. for production of the brochures and postcards. Photos for the front cover and inside pages may be provided by the City to be incorporated into design. We will submit the final draft of the Parks & Recreation Brochure through a safe and secure file transfer site (FTS) service.
Local Shipping
Local shipping to the Laguna Niguel facility is including in the pricing below.
PRICE SUMMARY SHEET
All-inclusive pricing except postage where applicable.
QUARTER UNIT PRICE Quantity Total
(per postcard)
Fall 2022 $.18 28,000 $5040
YEAR 1 Winter 22-23 $.18 28,000 $5040
Spring 2023 $.193 28,000 $5404
Summer 2023 $.193 28,000 $5404
TOTAL = $20,888
2/yr. 36 pgs. UNIT PRICE Quantity Total
(per brochure)
YEAR 1 Camps 2023 $1.13 28,000 $31,640
Summer 2023 $1.21 28,000 $33,855
TOTAL = $65,495
QUARTER UNIT PRICE
Quantity Total
(per postcard)
Fall 2023 $.21 28,000 $5880
YEAR 2 Winter 23-24 $.21 $5880
28,000
Spring 2024 $.22 28,000 $6160
Summer 2024 $.22 28,000 $6160
TOTAL = $24,080
UNIT PRICE Total
2/yr. 36 pgs. (per brochure) Quantity
YEAR 2 Camps 2024 $1.29 28,000 $36,120
Summer 2024 $1.38 28,000 $38,640
TOTAL = $74,760
QUARTER UNIT PRICE Quantity Total
(per postcard)
Fall 2024 $.235 28,000 $6580
YEAR 3 Winter 24-25 $.235 28,000 $6580
Spring 2025 $.25 28,000 $7000
Summer 2025 $.25 28,000 $7000
TOTAL = $27,160
UNIT PRICE
2/yr. 36 pgs. Quantity Total
(per brochure)
YEAR 3 Camps 2025 $1.48 28,000 $41,400
Summer 2025 $1.58 28,000 $44,240
TOTAL = $85,640
With product supply in flux, Westamerica reserves the right to evaluate paper stock and raw materials for any potential raw material changes or pricing implications for the remaining two years of the agreement.
UNIT PRICE
QUARTER Quantity Total
(per postcard)
Fall 2025 $.2675 28,000 $7490
YEAR 4 Winter 25-26 $.2675 28,000 $7490
(Option) Spring 2026 $.286 28,000 $8008
Summer 2026 $.286 28,000 $8008
TOTAL = $30,996
UNIT PRICE
2/yr. 36 pgs. Quantity Total
(per brochure)
YEAR 4 Camps 2026 $1.69 28,000 $47370
(Option) Summer 2026 $1.81 28,000 $50,680
TOTAL = $98,050
QUARTER UNIT PRICE Quantity Total
(per postcard)
Fall 2026 $.306 28,000 $8568
YEAR 5 Winter 26-27 $.306 28,000 $8568
(Option) Spring 2027 $.327 $9156
28,000
Summer 2027 $.327 28,000 $9156
TOTAL = $34,448
2/yr. 36 pgs. UNIT PRICE Total
Quantity
(per brochure)
YEAR 5 Camps 2027 $1.94 28,000 $54320
(Option) Summer 2027 $2.07 28,000 $57960
TOTAL= $112,280
A Note About Pricing and Raw Materials
We are in unprecedented times within the print and graphics industry. Supply pressures face every printer today as the manufacturers come back on stream in the midst of post-pandemic demand.
At issue for every printer is the ability to control and predict cost. Our costs are made up from our own manufacturing overhead (labor, equipment, utilities, etc.) and the cost of paper and ink. With paper costs increasing by 7 - 8% sometimes on a monthly basis (35 - 40% total increase in the last 12 months alone!), providing a fixed, long-term price commitment over a 5-year period is literally impossible.
Westamerica's Secure Supply with VPASS Program
Westamerica is in the unique position to ensure a steady stream of supply to our clients. Our new VPASS Program assures us a first refusal of paper stock flowing into the Southern California market. The VPASS is a direct supply program only available to one other printer in the region and comes directly from the major paper supplier in the US.
As a result, we predict a more steady and consistent supply of paper as compared to others in the industry. While supply will be improved, pricing will still be impacted by the market and manufacturing changing cost structures.
However, Westamerica values our relationship with Laguna Niguel and proposes a novel approach to pricing that allows Laguna Hills the dependability of projecting a price for this contract period, but also offers the opportunity to share in any downside pricing action.
A Pricing Tool to Limit Downside Risk for Laguna Niguel Our proposal has a built in 15% increase in our pricing annually based on our best estimate of costs today and going forward. However, knowing that costs may drop, Westamerica would be willing to re-estimate at the beginning of each year and adjust prices downward if cost trajectory warrants a move.
This affords Laguna Niguel with a guaranteed supply... at a guaranteed price, and the possibility for some downward pricing if the market conditions change.
Postage costs can't be estimated in the annual quote because they are fluid based on the number of residents in the city's distribution area and the postal rate at the time. This can ebb and flow from quarter to quarter. While the post office rates generally remain constant during the year, the number of recipients can change making the total postage charges different from quarter to quarter.
References
• City of Aliso Viejo, Lizzy Mendoza, Recreation & Community Services Manager, [email protected], 949.425.2553
• Irvine Ranch Water District, Julie Bendzick-Sin, Public Affairs Specialist, [email protected], 949.453.5563
• Beach Cities Health District, Cristan Higa, Director of Communications, [email protected], 310.374.3426 ext. 117
• City of Laguna Hills, Melissa Au-Yeung, Sr. Management Analyst, [email protected] hills.ca.us, 949.707.2621
• Contra Costa Water District, Oliver Symonds, Public Information Specialist, [email protected], 925.688.8010
• City of Mission Viejo, Robert Schick - Director of Community Relations [email protected].
• Olivenhain Municipal Water District, Teresa Chase, [email protected], 760.415.3458 Attachments
-Disaster Recovery Handbook
ATTACHMENT C
Professional Services Agreement with Westamerica
for Publication and Distribution of the Recreation Brochure
PROPOSED AGREEMENT FOR PROFESSIONAL SERVICES
Publication and Distribution of Recreation Brochures and Postcards THIS AGREEMENT is made and entered into the 2"d day of August, 2022, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Westamerica, a California Corporation hereinafter the "Consultant".
RECITALS:
City requires publication and distribution of recreation brochures two (2) times per year and postcards quarterly, (4) times per year, to residents of the City
2. City circulated a Request for Proposal for the above-described services on June 1,2022
Consultant submitted a proposal to the City to provide the required services on June 15, 2022
City staff has reviewed all of the proposals and staff, after considering the qualifications, proposed staff, work plan, and the fairness and reasonableness of Consultant's proposed cost, has determined that an agreement to provide the required services should be awarded to Consultant.
5. The City desires to enter into an agreement with Consultant for Consultant to provide required services.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in Consultant's proposal dated June 15, 2022, ("Scope of Work" which is attached hereto as Exhibit"A".
2. Additional or Different Services. Any proposed changes in the Scope of Work and/or professional services which are the subject of this Agreement shall be made only by written amendment to this Agreement.
3. Term. This Agreement shall become effective on the date stated above and will continue in effect until June 30, 2025 subject to termination as provided in paragraph 27 except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The City Manager may extend the term of this agreement for up to two one-year terms if the City Manager determines that the Consultant's performance is satisfactory and that each extension is in the interest of the City.
4. Payment for Services. City agrees to pay Consultant for providing the services which is described in Exhibit "A" ', and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B". The total not to exceed amount that the City will pay for the Scope of Work shall not exceed the following: (1) $86,383 in the first fiscal year of the Agreement (July 1, 2022 through June 30, 2023); (2) $98,840 in the second fiscal year of the Agreement (July 1, 2023 through June 30, 2024); (3) $112,800 in the third fiscal year of the Agreement (July 1, 2024 through June 30, 2025); (4) if the option is exercised, $129,046 in the fourth fiscal year of the Agreement (July 1, 2025 through June 30, 2026); and (5) if the option is exercised, $146,728 in the fifth fiscal year of the Agreement (July 1, 2026 through June 30, 2027).
Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by City. Such approval shall not be unreasonably withheld. If City does not approve an invoice, the City shall notify Consultant in writing of the reasons for the non-approval within seven (7) days of receipt of the invoice.
5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the professional services required by Exhibit "A" shall be the property of the City and shall be provided by Consultant to City upon their completion. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate.
6. Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein when reasonably requested by City.
7. Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities and tools required to perform the services under this Agreement.
8. Licenses; Standard of Care.
a. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.
b. Consultant shall perform the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Work to eliminate the errors.
9. Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.
10. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.
11. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.
In requesting permission to subcontract any portion of the services contemplated by this Agreement, Consultant shall provide to City a precise written description of:
a. The nature and scope of the work to be subcontracted, and the reason(s) such subcontracting is required or desired.
The qualifications of the subcontractor.
c. A statement signed by such subcontractor indicating that the subcontractor is not representing or providing services to any party, either by contract, subcontract, or other arrangement which party has interests which could reasonably be perceived as adverse to those of City, and that if approved as
subcontractor with regard to the subject Agreement between City and Consultant, said subcontractor will abide by all pertinent provisions of the Agreement between City and
Consultant including, but not limited to providing direct written notice to City consistent with the procedures set forth in Section 11 of such Agreement in the event subcontractor finds itself representing or being requested to represent a party whose interests) may reasonably appear to be adverse to those of City. Subcontractor shall also provide a copy of such notice to Consultant.
12. Independent Consultant. Consultant is and shall at all time remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.
Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
13. Administration. This Agreement will be administered by the Parks and Recreations Department. The Parks and Recreations Director or designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Parks and Recreations Director or designee shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.
14. Progress. Consultant is responsible to keep the Project Administrator and/or designee informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.
15. Cooperation of City. City agrees to comply with all reasonable requests of Consultant that are consistent with this Agreement and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement with the exception of those documents which the Scope of Work calls upon the Consultant to prepare.
16. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.
17. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City.
Consultant agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.
18. Indemnification. Consultant shall indemnify, protect, defend and hold harmless, City and its Council members, officers, employees, agents, and representatives from any suits, claims, actions, liability or damages of whatsoever kind and nature that may arise from or is in any way related to Consultant's performance of work pursuant to this Agreement. This provision shall survive the term of this Agreement.
19. Insurance. Without limiting Consultant's indemnification of City as described in paragraph 18, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. Said policy or policies shall be with insurance carriers admitted to do business in the State of California. The City of Laguna Niguel and its Council members, officers, employees, agents, and representatives shall be named as additional insureds under the policies required by subparagraphs a.(2). and a. (3). for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.
a. Prior to the commencement of any services hereunder, Consultant shall cried o po its figurested by city, oct it winal suranes overage (1) Worker's compensation insurance covering all employees and principals of Consultant that is of a minimum amount of $1 million per accident and is in accordance with the laws of the State of California and Employers Liability Insurance in the amount of $100,000.
(2) General liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project, or the general aggregate limit shall be twice the (3) Auto liability and property insurance covering any owned, hired and non-owned vehicles of Consultant in a minimum amount of $2 million combined single limit per accident for bodily injury and property damage. (4) Professional liability insurance, or errors and omissions insurance, for claims for bodily injury, death, property damage, or economic loss which may arise from the performance of the Consultant's work under this Agreement. Such policies shall be in the amount of $2 million per occurrence and in the aggregate.
b. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after sixty (60) days prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of any claim made or suit instituted against Consultant pertaining to Consultant providing services pursuant to this Agreement. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance. which in its own judgement may be necessary for its proper protection and prosecution of the services under this Agreement.
c. Consultant shall include subcontracting consultants, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for each subcontractor shall be subject to the requirements stated herein.
20. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
21. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Work.
22. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
23. Notices. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.
CITY:
City of Laguna Niguel
Attn: City Manager
30111 Crown Valley Parkway
Laguna Niguel, California 92677
CONSULTANT:
Westamerica
Attn: Dan Ryan, Account Executive
26012 Atlantic Ocean Drive
Lake Forest, CA 92630
24. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Exhibit "A" hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.
25. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.
26. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.
27. Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the other party that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days [or some other appropriate period of time] in advance of the termination date. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3. If City terminates this Agreement pursuant to this paragraph, Consultant's compensation shall be paid based on the percentage of the required services performed.
28. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.
29. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
30. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.
32. Authority to Sign. The person [or persons] executing this Agreement on behalf of the Consultant warrants and represents that he [she/they] has [have] the authority to execute this Agreement on behalf of the Consultant and has [have] the authority to bind the Consultant to the performance of the obligations hereunder.
I|I
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:
Print Name:
Title:
ATTEST:
Marissa Asistin,
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Nicholas Ghirelli
Interim Assistant City Attorney
"CONSULTANT"
WESTAMERICA
By:
Print Name:
Title:
[Signatures are to be notarized; attach Acknowledgement.
Need two signatures if Consultant is a corporation.]
Exhibit "A"
SCOPE OF SERVICES
SCOPE OF WORK
The City of Laguna Niguel (City) publishes a Recreation Brochure two (2) times per year, and postcards four (4) times per year that are delivered to approximately 26,178 postal customers. The City is requesting proposals from qualified consultants to provide full production of the Parks & Recreation Brochures and Postcards (i.e., graphic design, art direction, layout, typesetting, printing, and mailing services) that detail available activities, camps, classes, programs, and events.
The Consultant shall:
• Have experience creating similar projects within the last three (3) years, providing the same or similar services requested in this RFP and provide samples) of their work. • Provide sufficient staff and/or sub-consultants available with experience in the disciplines required for this service.
• Provide a dedicated representative who can effectively communicate with City staff and respond quickly throughout the workday while working on said projects. • Incur any costs that result from errors in the typesetting, design, or layout of the final approved version of the brochure.
• Be responsible for all design work, stock photo cost, color separation, set-up, cropping, etc. Photos for the front cover and inside pages may be provided by the City to be incorporated into design. • Have their printer located within twenty (20) miles from the City and be able to deliver printed material in a timely manner, as requested by City.
• Submit the final draft of the Parks & Recreation Brochure through a safe and secure file transfer site (FTS) service.
• Submit a copy of their Disaster Recovery Handbook and Protocol.
PROCESS
The City will provide the Consultant with all class and event information in a Word document and the Consultant shall provide all of the services required to complete the publications.
FREQUENCY
The City requires two (2) brochure issues per year and one (1) postcard per quarter, for a total of four (4) postcards per year, totaling six (6) print projects per year. Quarters include Summer (June-August), Fall (September-November), Winter (December- February), Spring (March-May).
QUANTITY
28,000 brochures and postcards per print cycle, two (2) brochure issues per year and one (1) postcard per quarter, (Quantity may vary as City population fluctuates). Quantity to include approximately 1,822 remaining print materials not directly mailed (EEDM), which will be delivered to Crown Valley Community Center.
PRINTING
Sheets fed offset only. Consultant shall also be capable of in-house digital printing.
PAYMENT
The Consultant shall invoice the City for payments corresponding to the work actually completed for each brochure and postcard. The City will submit a check for payment within thirty (30) days from receipt of the invoice.
PAGES
Each brochure shall include no more than thirty-six (36) pages including cover. (Page quantity may vary for special additions). Postcards will be two sided.
PAPERSTOCK
Brochure - Seventy (70) pound White House Gloss Book Postcard - One Hundred ten (110) pound Regular Gloss Cardstock
COVER STOCK
Brochure - One hundred (100) pound White House Gloss Book COLOR
Brochure and Postcard shall be full color
SIZE
The Brochure shall be no larger than 8 - 8.5 inches wide and 10.5 - 11 inches high.
The Postcard shall be between 5.5 - 11 inches wide and between 4 - 6 inches high.
DRAFT PROCESS
The graphic designer and City staff will work closely to complete multiple working drafts (showing corrections) of the brochure and/or postcard. The graphic designer must be accessible Monday through Friday from 8:00 a.m. to 5:00 p.m. until approved corrections are made.
PROOFS
The Consultant shall provide the City with one (1) high-resolution (blue line) physical and digital proof of the entire brochure and/or postcard. Additional proofs are required within twenty- four (24) hours until approved corrections are made.
BINDERY
The Consultant shall trim, fold, in-house saddle stitch, and prepare printed material for mailing.
ARTWORK
In-house full color design, concept design, photos, and production art. The Consultant shall provide design of front and back brochure cover and/or postcard artwork. The City shall provide a Microsoft Word document of information and the Consultant shall transfer the information to digital files (both InDesign and PDF Format). The Consultant must also have access to stock photos (public domain and non-copyrighted materials) that include images of people, recreation activities, special events, etc. The Consultants in-house design team must be available Monday through Friday, 8:00 a.m. to 5:00 p.m.
MAILING
The selected printing company must have in-house mailing capabilities and cannot be sourced out.
The Consultant shall utilize Every Door Direct Mail (EDDM) to mail brochure to Postal Local Customers in the City. The Consultant must also have access to residential mailing list/ routes for ZIP Code 92677.
POSTAGE
The Consultant shall obtain precise postage pricing (for each issue) from the United States Postal Service (USPS), based on weight and exact quantities required for mailing to every resident and business address in the City. The Consultant shall pay for all postage costs prior to brochures and/ or postcards being mailed to City residents. Such costs shall be added to invoices and paid as described in the "Payment" section. The Consultant shall also be responsible for picking up previously issued surplus brochures and recycle responsibly.
DELIVERY
Deliver the respective number of recreation brochures and/or postcards to USPS for delivery to City residents, which include an approximate amount of +/- 26,178 per print run of either brochures or postcards (quantity may vary as City population fluctuates). All brochures and postcards shall meet the USPS standards for bulk rate mail. The Consultant shall file the necessary paperwork with the USPS for receipt and delivery. The Consultant shall also deliver +/- 1,800 brochures and/ or postcards to Crown Valley Community Center, and delivery of those brochures and/or postcards should be no later than the tenth day after getting final approval of the proof from the City. Proof of delivery to USPS is required.
PROJECT SCHEDULE
A calendar of deadlines will be provided to the Consultant annually. The approximate USPS delivery dates are listed below, but delivery dates/timelines are subject to change based on current and best marketing practices which may fluctuate:
BROCHURES
• Camps - First week of March
• Summer - Last week of April
POSTCARDS
• Fall - First week of August
• Winter - First week of November
• Spring - First week of February
• Summer - Last week of April
Exhibit "B"
COMPENSATION
PRICE SUMMARY SHEET
Enter below the proposed price for the services described in the Scope of Work, Exhibit A.
Prices shall include direct costs, indirect costs, tax and profits. The quantities provided below are for REP evaluation purposes only. The City's intention is to award a fixed unit-price type contract.
QUARTER UNIT PRICE Quantity Total
(per postcard)
Fall 2022 $0.18 28,000 $5,040
Winter 22-23 $0.18 28,000 $5,040
YEAR 1
Spring 2023 $0.193 28,000 $5,404
Summer 2023 | $0.193 28,000 $5,404
TOTAL = $20,888
UNIT PRICE
2/yr. 36 pgs. (per brochure) Quantity Total
YEAR 1 Camps 2023 $1.13 28,000 $31,640
Summer 2023 $1.21 28,000 $33,855
TOTAL = S65,495
UNIT PRICE
QUARTER Quantity Total
(per postcard)
Fall 2023 $0.21 28,000 $5,880
Winter 23-24 $0.21 28,000 $5,880
YEAR 2 Spring 2024 | $0.22 $6,160
28,000
Summer 2024 | $0.22 28,000 $6,160
TOTAL = $24,080
UNIT PRICE
2/yr. 36 pgs. Quantity Total
(per brochure)
YEAR 2 Camps 2024 $1.29 28,000 $36,120
Summer 2024 $1.38 28,000 $38,640
TOTAL = $74,760
UNIT PRICE
QUARTER (per postcard) Quantity Total
Fall 2024 $0.235 28,000 $6,580
Winter 24-25 $0.235 28,000 $6,580
YEAR 3
Spring 2025 $0.25 28,000 $7,000
Summer 2025 $0.25 28,000 $7,000
TOTAL = $27,160
UNIT PRICE
2/yr. 36 pgs. Quantity Total
(per brochure)
YEAR 3 Camps 2025 $1.48 28,000 $41,400
Summer 2025 $1.58 28,000 $44,240
TOTAL = $85,640
UNIT PRICE
QUARTER Quantity Total
(per postcard)
Fall 2025 $0.2675 28,000 $7,490
Winter 25-26 $0.2675 28,000 $7,490
YEAR 4 Spring 2026 $0.286 $8,008
(Option) 28,000
Summer 2026 $0.286 28,000 $8,008
TOTAL = $30,996
UNIT PRICE
2/yr. 36 pgs. (per brochure) Quantity Total
YEAR 4 Camps 2025 $1.69 28,000 $47,370
(Option) Summer 2025 $1.81 28,000 $50,680
TOTAL = $98,050
UNIT PRICE
QUARTER (per postcard) Quantity Total
Fall 2025 $0.306 28,000 $8,568
YEAR 5 Winter 25-26 $0.306 28,000 $8,568
(Option) Spring 2026 $0.327 28,000 $9,156
Summer 2026 $0.327 28,000 $9,156
TOTAL = $34,448
UNIT PRICE
2/yr. 36 pgs. Quantity Total
(per brochure)
YEAR 5 Camps 2025 $1.94 28,000 $54,320
(Option) Summer 2025 $2.07 28,000 $57,960
TOTAL = $112,280