C o n t r a c t f o r S e r v i c e s P a g e 1 of 11 Rev 4/26
AGREEMENT WITH FOLGERGRAPHICS, INC.
FOR BULK PRINTING AND MAILING SERVICES
FOR
THE CITY OF SAN MATEO PARKS AND RECREATION DEPARTMENT PROMOTIONAL MATERIALS
This Agreement, made and entered into th is day of____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and FOLGERGRAPHICS, INC., a California Corporation ("CONTRACTOR"), whose address is 21093 Forbes Ave, Hayward, CA 94545.
RECITALS:
A. CITY desires certain bulk printing a nd mailing services hereinafter described.
B. CITY desires to engage CO NTRACTOR to provide these bulk printing and mailing services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
.
The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the pr ofessional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualifie d to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
CONTRACTOR agrees to comply with the City ’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
C o n t r a c t f o r S e r v i c e s P a g e 2 of 11 Rev 4/26
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information re garding its requirements for the project.
CITY shall examine documents submitted by CONT RACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work.
SECTION 4 - TERM
The services to be performed under this Agr eement shall commence on July 1, 2026 and be completed on June 30, 2027.The Director of Parks and Recreation may Authorize up to two (2) one- year extensions by the CITY for a total maximum of three (3) years.
SECTION 5 - PAYMENT
Payment shall be made by CI TY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount of $150,000, pursuant to rates stated in Exhibit B, attached and incorporated by reference, for services provided during the first year of this Agreement. Payment for each one-year option to extend will be up to $150,000 per year, for a total not to exceed the amount of three years.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CO NTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prep ared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
C o n t r a c t f o r S e r v i c e s P a g e 3 of 11 Rev 4/26
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performanc e of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemn ify CITY, its elected and appointed officials, employees, volunteers, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, volunteers, and agents against any such claims. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreem ent is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.
C o n t r a c t f o r S e r v i c e s P a g e 4 of 11 Rev 4/26
SECTION 15 - WAIVERS
The waiver by either party of any breach or viol ation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
C o n t r a c t f o r S e r v i c e s P a g e 5 of 11 Rev 4/26
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.
SECTION 20 - NOTICES
All notices hereunder shall be given in writ ing and mailed, postage prepaid, addressed as follows:
To CITY: Joanne Magrini
City of San Mateo
330 W 20
th Ave
San Mateo, CA 94403
To CONTRACTOR: FolgerGraphics, Inc.
Attn: Kirk Folger
21093 Forbes Ave
Hayward, CA 94545
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be ame nded only by written instrument, signed by both CITY and CONTRACTOR.
SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
C o n t r a c t f o r S e r v i c e s P a g e 6 of 11 Rev 4/26
IN WITNESS WHEREOF, CITY OF SAN MATEO and FolgerGraphics, Inc. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
CONTRACTOR
Joanne Magrini
Parks and Recreation Director
Date Kirk Folger, Vice President of
Sales
Its Authorized Agent
FolgerGraphics, Inc.
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional co rporate officer
(i.e., Secretary, Treasurer) who
shall sign below.
Date
APPROVED AS TO FORM
ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Mazarin Vakharia
Assistant City Attorney
Date Tom Jansen
Vice President of Production
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
C o n t r a c t f o r S e r v i c e s P a g e 7 of 11 Rev 4/26
EXHIBIT A
SCOPE OF SERVICES
FolgerGraphics, Inc. will provide as-needed bulk printing and mailing services for the City of San Mateo Parks and Recreation Department, for a total contract amount not to exceed $150,000 each year of this Agreement.
Format and quality of mailers will vary and will be billed to respective project accounts. Rates and processing times will be consistent with the quote provided for proposed jobs:
Hypothetical
Jobs
Seasonal Activity
Guide (Winter,
Spring, Summer,
and Fall)
Seasonal Activity
Guide (Summer
Camps & Aquatics)
Mailer B Mailer C Mailer D Mailer E
Format
10-7/8 x 8-3/8
inches, w/ stapled
binding (saddle
stitched)
10-7/8 x 8-3/8
inches, w/ stapled
binding (saddle
stitched)
Dbl-sided,
1 pg 8.5x11
Envelope &
4 pgs of
8.5x11
Postcard
8.5 x 5.5
Postcard
6x9
Paper
80# gloss book for
the cover and 34#
68 Bright
Electrobrite for
the text (or of
equal quality).
65-80# gloss book
for the cover and
65-80# offset for
the text pages (or
of equal quality)
Pacesetter
100# Silk
Cover
Standard
paper
(20#)
Card stock Card stock
Average Page
Count
40 pages + 4 page
cover
40 pages + 4 page
cover
Colors
4-color on front
and back cover,
black + one PMS
color on
inside pages
4 - Color
Two sided,
Black + 3
colors
Black, two
sided
Color, two
sided
Color, two
sided
Quantity Approximately
51,000
Approximately
13,000 32,000 10,000 5,000 10,000
Postage
Customer requires
2 drops for
completed
product. #1- US
Post Office - sorted
bulk mail to all
residential "postal
customers" in
94401, 94402,
94403, and
specified carrier
routes of 94404.
Customer requires
2 drops for
completed
product. #1- US
Post Office - sorted
bulk mail for
"postal customers"
with children ages
5-17 covering zip
codes
94401, 94402,
94403, 94404.
Bulk Priority Priority Priority
C o n t r a c t f o r S e r v i c e s P a g e 8 of 11 Rev 4/26
Must meet Post
Office packaging
requirements. #2 -
City of San Mateo
City Hall with blank
address panel;
quantity to be
determined by
staff.
Must meet Post
Office packaging
requirements. #2 -
City of San Mateo
City Hall with blank
address plate;
quantity to be
determined by
staff.
Other
Printer may need
to coordinate with
staff and selected
designer regarding
sizing, quality,
color, and other
design issues found
during the proof
process.
Printer may need
to coordinate with
staff and selected
designer regarding
sizing, quality,
color, and other
design issues found
during the proof
process.
Mailed
Folded,
stapled,
sealed,
mailed in
envelope
Mailed Mailed
SB 1383 Compliant Language
Provide language to ensure all printing and mailing products will be compliant under SB 1383.
Printing and mailing products must be composed of at least 30 percent post-consumer recycled content, if the fitness and quality of the product are equal to that of non-recycled items and available at no greater cost. Vendors must also plan to certify in writing the minimum percentage of postconsumer material in all printing and mailing products and provide records to the City’s recordkeeping designee of all paper products purchased on a schedule to be determined by the recordkeeping designee.
C o n t r a c t f o r S e r v i c e s P a g e 9 of 11 Rev 4/26
EXHIBIT B
PAYMENT RATES
Job Type Quantity
Total Price for
Job
Postage
Advance/Service
Fees (Estimate) Price per Piece
Processing Time
(Print & Mail)
Seasonal Activity Guide
(Winter, Spring, Summer,
Fall) 51,000 $16,875.00 $10,782.03 $0.331 8-10 Days Seasonal Activity Guide
(Summer Camps &
Aquatics) 13,000 $10,325.00 $4,495.11 $0.794 8-10 Days Mailer B (Double Sided
8.5x11 and Bulk Mailing) 32,000 $4, 965.00 $10,316.80 $0.155 8-10 Days Mailer C (Envelope & 4 pgs
of 8.5x11 and Priority
Mailing) 10,000 $3,385.00 $4,056.00 $0.3385 8-10 Days Mailer D (Postcard 8.5 x 5.5
and Priority Mailing) 5,000 $1,095.00 $2,028.00 $0.219 5-10 Days Mailer E (Postcard 6x9 and
Priority Mailing) 10,000 $1,990.00 $4,056.00 $0.199 5-10 Days
C o n t r a c t f o r S e r v i c e s P a g e 10 of 11 Rev 4/26
EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, includi ng products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall a pply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non- owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, volunteers, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, volunteers, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, volunteers, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
C o n t r a c t f o r S e r v i c e s P a g e 11 of 11 Rev 4/26
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.