HomeMy Public PortalAbout12) 7.H. Service Agreements for production of Connect MagazineAGENDA
ITEM 7.H
DATE: June 18. 2013
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager
By: Brian Haworth, Assistant to the City Manager
SUBJECT: PROFESSIONAL SERVICES AGREEMENTS FOR THE DESIGN,
PRODUCTION AND DISTRIBUTION OF CONNECT MAGAZINE
RECOMMENDATION:
It is recommended that the City Council, for a two-year term:
a) Amend a professional services agreement with FUEL Creative Group for Connect
Magazine design services at a cost not to exceed $10,000 per quarter; and
b) Amend a professional services agreement with Pacific Graphics, Inc. for Connect
Magazine printing and distribution services at a cost not to exceed $10,000 per
quarter.
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1. On December 6, 2011, the City Council (Council) approved a $42,000 professional
services agreement with FUEL Creative Group (FUEL) for City newsletter design
services. Among other things, the agreement provided for a complete rebranding
of the existing newsletter into an engaging and informative 24 -page magazine. It
also provided FUEL an option to extend the agreement period for an additional two
fiscal years effective July 1, 2013.
2. In April 2012, Connect Magazine (Connect) made its debut as the City's new 32 -
page quarterly magazine—having expanded by eight pages from the original
contract to both accommodate content needs, and abide by standard printing
constraints (i.e., pages must be added four at a time to allow for proper binding).
The professionally designed and branded publication introduced a comprehensive
approach to publicizing community news and City initiatives through in-depth
City Council
June 18, 2013
Page 2 of 4
articles, bilingual "gists," standing features, infographs and a completely
redesigned recreation guide.
3. In June 2012, the City Manager directed staff to add four pages to the summer
issue of Connect to accommodate a third feature article and another page of ad
space. Given the need to adequately communicate City initiatives, subsequent
issues to date remain at the revised 36 -page count.
4. On September 7, 2012, the national City -County Communications and Marketing
Association (3CMA) bestowed Connect with an Award of Excellence in the
category of Printed External Publication. Connect was one of 550 entries
submitted nationwide into 3CMA's Savvy Awards, recognizing outstanding
achievement in government communications. Competition judges commented that
the magazine was a "well thought out project," whose "impressive combination of
strategic copywriting and design" made the piece a valuable communications tool.
5. On December 4, 2012, Council approved an approximate $38,000 professional
services agreement with Pacific Graphics, Inc. (PGI) to provide printing and mail
distribution services for Connect. The contract is for a one-year term with a two-
year option.
6. In May 2013 as part of the internal City Budget development process, the City
Manager and Parks and Recreation Director discussed the need to strategically
plan and consolidate all marketing efforts involving recreational programs.
Subsequently, as part of a multi -pronged marketing approach, Connect would
expand by another four pages (40 pages total) to accommodate additional
program ads, features, a full-size calendar of events, and larger font sizes for the
publication's recreation guide.
7. On April 19, 2013, the California Association of Public Information Officials
(CAPIO) recognized two of the City's outreach initiatives at its annual Excellence in
Communications Awards, including a first -place Award of Excellence for Connect.
CAPIO judges noted that the publication—one of 123 projects submitted
statewide—particularly stood out for its engaging way of reaching audiences with
relevant content and eye-catching design.
8. On May 30, 2013, the American Planning Association (APA) – Los Angeles
Section informed the City that Connect would be one of two projects to receive
Awards of Excellence at the organization's annual Awards Gala. Recognized with
a Journalism Award for "outstanding coverage of planning or environmental
issues," Connect will proceed to compete against other regional winners from
across the state at the APA California Awards.
City Council
June 18, 2013
Page 3 of 4
9. On June 4, 2013, Council approved the FY 2013-14 City Budget, which included
sufficient appropriations to design, produce, print and distribute 15,500 copies of
the quarterly and expanded 40 -page Connect publication.
ANALYSIS:
Connect is the City's award-winning quarterly magazine that debuted in April 2012 as a
complete revamp of the former 16 -page City newsletter. With the graphic and
journalistic qualities of mainstream publications, the contemporary magazine
disseminates pressing information and news, while addressing language barriers
through summary translations, to encourage all residents to fully interact with their local
government.
Recreational programming is a key City service that requires the constant expansion of
marketing opportunities to capture participation in community events and class
offerings. To this end, Connect not only serves as one of the City's main
communications tools – but also is part of a comprehensive marketing approach
employed by the Parks and Recreation Department. Adding four pages would allow for
extra program ads, features, a full-size calendar of events, and larger font sizes for the
magazine's recreation guide. The added page count would also further the department's
"Parks Make Life Better" brand identity by increasing local awareness of how parks and
recreation play an everyday role in enhancing quality of life.
Pursuant to the City's procurement policy—which requires all new and amended
contracts valued at $25,000 or more to be reviewed and approved by Council—
amendments are necessary to Connect's design and printing contracts to allow for the
increased page count.
FUEL and PGI are under contract to respectively design and produce Connect. FUEL
has exercised their option to extend the agreement period for two years (i.e., at one-
year intervals, upon mutual agreement by both parties); and a contract amendment is
required to accommodate the option clause and added scope of work (i.e., to expand
Connect by another four pages, or to 40 pages total). FUEL's contract amendment
proposes a cost not to exceed $10,000 per issue.
An amendment to PGI's contract is also required to accommodate costs for Connect's
added page count, as well as the modification of contractual terms to align with the
fiscal year calendar. Specifically, the added scope of work would increase mail and
coordination costs not to exceed $10,000 per quarter. The amendment also advances
PGI's two-year option (i.e., for consistency with FUEL's contractual terms), and aligns
the service agreement to the City's annual budgeting process and quarterly contract
performance reviews.
City Council
June 18, 2013
Page 4 of 4
CONCLUSION:
Should Council approve the requested amendments, both would take effect July 1,
2013. This action would allow FUEL and PGI to begin design and production of Connect
as a 40 -page publication, beginning with the Fall 2013 issue.
FISCAL IMPACT:
This item does not have an impact on the FY 2013-14 City Budget. Sufficient funding is
available.
ATTACHMENTS:
A. Amendment to FUEL's Professional Services Agreement
B. Amendment to PGI's Professional Services Agreement
ATTACHMENT A
FIRST AMENDMENT TO
Professional Services Agreement
by and between
the
CITY OF TEMPLE CITY,
A municipal corporation
and
FUEL CREATIVE GROUP
A S corporation
Dated July 1, 2013
FIRST AMENDMENT TO AGREEMENT FOR PRINTING SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
FUEL CREATIVE GROUP
This First Amendment to Consultant Services ("First Amendment'), which is dated for reference
as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a
California charter city ("City"), and FUEL CREATIVE GROUP, a S corporation ("Consultant'), as
follows:
RECITALS
A. City and Consultant entered in a Consultant Services Agreement on December 6, 2011
("Agreement'). The Agreement provides that Consultant will provide graphic design services for
CONNECT Magazine.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do
hereby enter into this First Amendment which modifies and amends the Agreement as follows:
AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 COMPENSATION.
1.1.1 Section 4 of the Agreement is hereby amended as follows:
The second sentence of Section 4, subparagraph (a) of the Agreement is amended
to read as follows: "The total compensation, including reimbursement for actual
expenses, shall not exceed ten thousand dollars ($10,000) per issue or $40,000
cumulatively, unless additional compensation is approved in writing by the City
Council or City Manager."
1.1.2 Exhibit "B" to the Agreement is hereby amended to read as follows:
"I. City shall pay Consultant to perform the services provided for herein as
follows:
Fall 2013
$10,000
Winter 2013/14
$10,000
Spring 2014
$10,000
Summer 2014
$10,000
II. This agreement may be executed for an additional year with compensation to
be mutually agreed upon by both parties.
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IV. The total compensation for the services shall not exceed $10,000 per issue as
provided in Section 4 of this Agreement."
1.2 SCOPE OF SERVICES.
1.2.1 Exhibit "A" to the Agreement is hereby amended to read as shown on Exhibit "A"
attached hereto and incorporated herein by reference.
GENERAL PROVISIONS.
1.3 Remainder Unchanged. Except as specifically modified and amended in this First
Amendment, the Agreement remains in full force and effect and binding upon the parties.
1.4 Integration. This First Amendment consists of pages 1 through 5 inclusive, which
constitute the entire understanding and agreement of the parties and supersedes all
negotiations or previous agreements between the parties with respect to all or any part of
the transaction discussed in this First Amendment.
1.5 Effective Date. This First Amendment shall not become effective until the date it has
been formally approved by the City Council and executed by the appropriate authorities
of the City and Consultant.
1.6 Applicable Law. The laws of the State of California shall govern the interpretation and
enforcement of this First Amendment.
1.7 References. All references to the Agreement include all their respective terms and
provisions. All defined terms utilized in this First Amendment have the same meaning as
provided in the Agreement, unless expressly stated to the contrary in this First
Amendment.
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
City:
THE CITY OF TEMPLE CITY
By:
Jose Pulido, City Manager
Consultant:
FUEL CREATIVE GROUP
By: By:
Name: Name:
Title: Title:
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant will create a 40 -page issue of Connect Magazine on a quarterly basis using the publication's
already established brand. Consultant will design a cover, editorial spreads and up to six ads that will be
incorporated into the magazine.
Consultant will provide up to three proofs of CONNECT per issue, and will provide four issues total
during the one-year period for a cost as provided in Section 4 and Exhibit -13" of the Agreement.
Tangible work products and status reports will be delivered to the City pursuant to a schedule mutually
agreed upon by both parties.
The final deliverable for each issue will be a high-resolution PDF file uploaded to the City's chosen
print vendor's FTP site, as well as a web -optimized version of the publication that may be added to and
archived on the City's website.
Consultant will utilize the following personnel to accomplish the Scope of Services: Steve Worth,
Project Manager; and Brent Rector, Art Director.
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BETWEEN
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AND
FUEL CREATIVE GROUP
This Agreement for Consultant Services ("Agreement") is entered into as of this
day of December, 2011 by and between the City of TEMPLE CITY, a municipal corporation
("City-) and FUEL CREATIVE GROUP a S corporation ("Consultant"). City and Consultant
are sometimes hereinafter individually referred to as"Party"and hereinafter collectively referred
to as the "Parties."
A. City has sought, by issuance of a Request for Proposals, the performance of
services defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal for the performance of services
defined and described particularly in Section 2 of this Agreement, was selected by the City to
perforin those services.
C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
services defined and described particularly in Section 2 of this Agreement and desire that the
terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
—am
hereby acknowledged, the parties agree as fiollows�
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement,
the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete. This Agreement may be extended for an
additional two years upon mutual agreement of both parties.
R IV 44838.6059-3890%1 - 1 -
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services"
and evade a part of this Agreement.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are
authorized in advance and in writing by the City Council or City Manager of City. Consultant
shall be compensated for any such additional services in the amounts and in the manner agreed to
by the City Council or City Manager,
SECTION 4. COMPENSATION N D METHOD OF PAYMENT,
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this
Agreement. The total compensation, including reimbursement for actual expenses, shall not
exceed seven thousand dollars ($7,000) per issue or $42,000 cumulatively, unless additional
compensation is approved in writing by the City Council or City Manager.
(b) Each quarter Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during that quarter. The invoice shall detail charges by the
following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -
consultant contracts. Sub -consultant charges shall be detailed by the following categories: labor,
travel, materials, equipment and supplies. City shall independently review each invoice
submitted by the Consultant to determine whether the work performed and expenses incurred are
in compliance with the provisions of this Agreement. In the event that no charges or expenses
are disputed, the invoice shall be approved and paid according to the terms set forth in subsection
(c). In the event any charges or expenses are disputed by City, the original invoice shall be
returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty-five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
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City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall
RIV 4038-6958-3880 vi _ 7 _
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any services pursuant to this Agreement shall become the
sole property of City and may be used, reused or otherwise disposed of by City without the
permission of the Consultant, Upon completion, expiration or termination of this Agreement,
Consultant shall turn over to City all such original reaps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
snaps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warrants related
to Standard of Performance and found in Section 9 of this Agreement shall not extend to such
use of the snaps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION 7, CONSULTANT'S BOOKS AND RECORDS,
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's perforanance of services pursuant to this Agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Consultant pursuant to this Agreement. Any and all such documents or records shall be
maintained for three years from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so, otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement.
(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
of Consultant's business, City may, by written request, require that custody of such documents or
records be given to the City and that such documents and records be maintained by the
requesting party. Access to such documents and records shall be granted to City, as well as to its
successors -in -interest and authorized representatives.
RFV 94838-6948-3RBO v1 -3
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City,
whether by contract or otherwise, unless such authority is expressly conferred under this
AGREEMENT or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City.
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's officers, employees. or agents are in any manner
officials, officers, employees or agents of City.
(c) Neither Consultant , nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
Tights.
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all tunes faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
Itroviding any services pursuant to this Agreement, Consultant's guarantees and warrantiea-
related to Standard of Performance shall not extend to such use of the
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
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subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, Or repair work
,performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection f land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the performance of this Agreement.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sec., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should the any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by City.
SECTION 14. CONFLICTS OF°INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Agreement. Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at
all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests
of City in the performance of this Agreement.
(b) City understands and acknowWges that Consultant is, as of the date of execution
of this Agreement, independently involved in the performance of non -related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non -related
services for other governmental agencies and private parties following the completion of the
scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
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(a) All information gained or work product produced by Consultant in performance
of this Agreement shall be considered confidential, unless such information is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have
the right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant , its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed thereunder. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or
mean the right by City to control, direct, or rewrite said response.
(a) Indemnification for Professional
prtfessitxal stwoisA .f c?re ftT CtisillUxt's..
Consultant and hold harmless:.. . #
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its officers, agents, employees or sub -consultants (or any entity or individual that Consultant
shall #e the legal liabilityt.' in the performance of professional ,nd
(b) Indemnification for Other than Professional Liabilitv. tither than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
REV #4938-6958-3980 a1 -6-
interes;Ldefense costs.. and expert xitness fees), where the same arise out
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limited to officers, agenM employees or sub -contractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity Agreements with provisions identical to those set forth here in this section from each
Consultant in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this section, Failure of City to monitor compliance with these
rg,kuireomexts imps5es xv-i?4iiti1WX2I City 2xt-n0l ix.4t w2y act 2s 2 w2iver If 2by
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the
(d) Limitation of Indemnification. Notwithstanding any provision of this Section t6
[Indemnification) to the contrary, design professionals are required to defend and indomnify the
City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a
design professional to claims, suits, actions, arbitration proceedings, -administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, of relate to the
negligence, recklessness, or willful misconduct of the design professional. The term "design
professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apply to claims occurring as a result of
City's sole negligence. The provisions of this section shall not release City from liability arising
from gross negligence or willful acts or omissions of City or any and all of its officials,
employees and agents.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit 'C" "Insurance" and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City
Manager, Consultant agrees to provide City with copies of required policies upon request.
The expertise and experience of Consultant are material considerations for this
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who will Mfill the duties and obligations imposed upon Consultant ander this Agreement, In
recoo nition o i4a, interesl Consultant shall not assi is leemel 1,ii i
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shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of this
Agreement. City acknowledges, however, that Consultant, in the performance of its duties
pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant's staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance.
SECTION 20, TERNUNATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30)
days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
t�31191 M_Ctf1►i>f I� �1��'47f
defaultIn the event that Consultant is in
... �. to -•... s
eov 04938-6959-3984 V1 -8 -
Consultant shall not be liable for damages, including liquidated damages, if any, cairsei
state or local
and unusually severe weather. The term and price of this Agreement shall be equitably adjuq�—q
for any delays due to such causes.
NMI
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City: City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Consultant: FUEL Creative Group
Attn: Steve Worth, Principal
2120 20"' Street, Suite 2
Sacramento, CA 95818
Notice shall be deemed effective on the date personally delivered or transmitted by
fpcsirxiIe �rc ni �W>
Postal Service.
1111641.11 "M Wilimilliligilla-1 IN 101��
This Agreement shall be administered and executed by the City Manager or his or her
designated representative, following approval of this Agreement by the City Council. The City
Manager shall have the authority to issue interpretations and to make minor amendments to this
RIV04838-6959-3990 %1 -9-
Agreement on behalf of the City so long as such actions do not materially change the Agreement
or make a commitment of additional funds of the City. All other changes, modifications, and
amendments shall require the prior approval of the City Council.
SECTION 27. BINDING EFFECT,
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parries.
SECTION 2& MODIFICATION OF AGREEMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing
and approved by the Consultant and by the City Council. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
NAM
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings, whether oral or written, or entered into
between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
RPV #4939-6959-N&O YP - 10 -
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
CITY OF TEMPLE CITY
By:
Jose u ,Flo, City Manager
ATTEST:
Mary Flandri&
City Clerk
APPROVED AS TO FO
By:
Eric S. Vail
City Attorney
FUEL CREATIVE GROUP
By: eo�l -,—
Its: Sitir e �,A-,N -'
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
R1V #483R.6958-388() vi
STATE OF CALIFORtv'fA
• •
On 17-�q 2611 before �01171{ . personally appeared lam° Proved to me on
the basis of satisfactory evide ce to be the person() whose name i subscribed to the within instrument and
latowI dgad to me that . . executed the same in ni uthorized capacity([, and that by
hi signature( on the instrument the person or the entity upon behalf of which the person((v acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
Commission # 1957239
Notary Public • Calilarnlo
Sacramento County
OPTIONAL,
Though the data below is not required by lacy, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this fonts
CAPACITY CLAIMED BY SIGNER DESCIUPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
El
PARTNER(S) ■ LIMITED
1 GENERAL
■
•
■
■GUARDIANICONSERVATOR
OTHER
SIGNER IS REPRESENTING:
OF PERSON(S) OR
R I V 0483H-6955-3,RBU v l
SIGNER(S) OTHER THAN NAMED ABOVE
STATE OF CALIFORNIA
911YOUilrom
❑ personally known to me - OR - [:1 proved to me on the basis of satisfactory evidence to be the person(s) whose
names(s) isfare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
hiAer/their authorized capacity(ies), and that by biVhcritheir
Agnature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrunient.
WITNESS my hand and official seal.
(SIGNATURE OFNOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DFSCRIPTION OFkTT-ACITED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0
PARTNER(S) E:1 LIMITED
El GENERAL
❑
ATTORNEY-IN-FACT
El
TRUSTEE(S)
❑
GUARDIANICONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RN v I
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
SIGNERS) OTHERTHANNAMED ABOVE
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M 0 1 4 �� 0 1 0 - M I I
N A W A X 1 W - ; w % W & 4 W M I
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1 . C o n s u l t a n t w i l l p e r f o r m t h e f o l l o w i n g s e r v i c e s :
A . D e v e l o p c r e a t i v e b r i e f f o r i n i t i a l n e w s l e t t e r
B . P r o d u c e t w o ( 2 ) c o n c e p t s k e t c h e s a n d b r a n d s f o r n e w s l e t t e r r e d e s i g n
C . D e s i g n a n d p r o d u c t i o n f o r e a c h q u a r t e r l y i s s u e
D . R e v i e w o f p r i n t e r p r o o f
H . A s p a d o f t h e S e r v i c e s , C o n s u l t a n t w i l l p r e p a r e a n d d e l i v e r t h e f o l l o w i n g t a n g i b l e w o r k
p r o d u c t s t o t h e C i t y :
A . F i n a l p r i n t - r e a d y f i l e s
I l l . T h e t a n g i b l e w o r k p r o d u c t s a n d s t a t u s r e p o r t s w i l l b e d e l i v e r e d t o t h e C i t y p O r s u a n t t o t h e
s c h e d u l e d t o b e d e v e l o p e d j o i n t l y b y C I T Y a n d C O N S U L T A N T .
I V , C o n s u l t a n t w i l l u t i l i z e t h e f o l l o w i n g p e r s o n n e l t o a c c o m p l i s h t h e S e r v i c e s :
A . S t e v e W o r t h , P r o j e c t M a n a g e r
B . B r e n t R e c t o r , A r t D i r e c t o r
V . T h e S c o p e o f S e r v i c e s , i n c l u d i n g s e r v i c e s , w o r k p r o d u c t s , a n d p e r s o n n e l , a r e s u b j e c t t o
c h a n g e b y m u t u a l A g r e e m e n t . I n t h e a b s e n c e o f m u t u a l A g r e e m e n t r e g a r d i n g t h e n e e d t o
c h a n g e a n y a s p e c t s o f p e r r o r m a n c e , C o n s u l t a n t s h a l l c o m p l y w i t h t h e S c o p e o f S e r v i c e s
a s i n d i c a t e d a b o v e .
W
RESPONSE TO (TrY OF TEMPLE On. REQUEST FOR PROPOSAL; DESIGN AND PRIM $ER147093 MR QUAGrarot NEDDLEstco
Cathy Burroughs
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Dear Carliv:
We are excited about this opportunity to work with the City of Temple City to continue and
enhance your newsletter service. Our team of designers and print professionals are ready to assist the
City in communicating Timely, relevant information to City residents and businesses.
Our ream offers all the experience and Education in graphic design, software programs and
file transfer abilities you specify. As a vendor to many municipalities, FUEL carries all the
insurance coverage City of Temple City requires, and shall name you as additional insured before
commencement of contract.
FUEL Creative Group—an award winning graphic design firm is experienced in creasing
outstanding newsletters and complementary materials for public agencies including City of Rancho
Cordova, City of San Fernando, City of Sacramento, City of Elk Grove and California Travel and
Tourism Commission.
AT FUEL we are passionate about our work, and look forward to the opportunity to show you the
added effectiveness made possible by our team of experts.
Our team has the experience, energy, and creativity to produce high quality newsletters for The City
ofTemph: City—and to do so consistently, efficiently, on rime, and on budget. I will be Temple City
project manager. We look forward to The possibility ofworking together.
Very truly yours,
0 (--
Steve Worth
Prinelpal
FUEL CREATIVE GROUP Inc.
2120 20th Street, Suits 2, Sacramento, CA 95818
916.669.1591, PHONE
916.290.0425 FAX
steve(LbfuelcreatIvegroup.com
f
I
d
n
A
RESPONSE TO CITY OP TEMPLE CiI1Y. REQUEST FOR PPOPOSAU DESUM AND PRINT STIMCES FOR QUMMMY NEWSLEILPER
3. INTRODUCTION .........................................................................................................................4
4. METHOD®L Y ............. .......... ......... ................. .............. ............. ............. . ........................... ...D
S. ASSIGNED PERSONNEL ... ........... ................................ .................................... ......................... E
9. SUBCONTRACTORS ................................................................................................................5.3
7. CONTRACTOR CAPABILITIES AND REFERENCES-.- .............. .... . ........ ..................... -.13
9. ADDRIONAL DATA.- ..... -- ...... ...... ....... .............. ...... SAMPLES INCLUDED IN PAC DE
9. COST PROPOSAL ....................................................................................................................17
M
PREPARE) MAY 13, 2011 BY: FUEL CREMNE vLWXJJP
3. INTRODUCTION -FUELING OUR CLIENT'S VISION
FUEL works In partnership with clients to realize then, vision through creative communication solutions.
To facilitate this mission, they make sure that what clients see in their mind's eye is produced In a
way that not only motivates target audiences, but also Inspires the clients' organization as well. FUEL
uses the latest graphic design tools to showcase the client's message and make it effective. FUEL
has extensive experience creating and producing a wide range of outstanding public and corporate
communication materials, Including newslette,s,
FUEL brings an Ideal partnership to the City of Temple that is the best of both worlds. We offer an
established partnership between FUEL Creative, Group—a powerhouse design firm and our print rep of
many years newslette, collaboration leading the efforts of Woodbridge Press,—a regional leader In print
and "mailing solutions, Both of our teams have extensive experience supporting public agencies with
communications needs,
FUE], Creative Group will design, lay out, and produce the newsletters, FUEL Is a felt -service graphic
design firm that has been delivering outstanding creative projects to public agencies since the firm.
was founded in 2004. Led by owners Brent Rector and Steve Worth, FUEL brings 36 years combined
experience in the design industry. FUE.*s six fail -time staff members have the experience and know-how
to handle any design project with the creativity and attention to detail required for WgIrcluality results.
Specific Newsletter Design Experience
The designers at FUEL have substantial experience creating newsletters and similar projects. They have
produced Rancho Cordova's award winning "City Views" quarterly eight -page newsletter since 2007.
FUEL also redesigned both of Roseville Electric's bi-Monthly newsletters, 'Power Partners" and "Electric
Dispatch' from 2005 until 2008. In acclAton to this, FUEL currently handles the design and production
for California's Travel and Tourism Commission's What's New (a 24 page travel trade newsletter) and
their yearly Insights Year and Review, a 48 page full color showpiece.
We are confident that we have the staff, the knowledge and the reationsnips to handle your reeds and
make you work easier.
lz'
........ ........
Vm?!
PREPARED MAY 13. 2011 BY: FUEL rrlli�,IkVE CRJUP
The process diagram at eight shows the steps in any design project at cur studio, The solid white boxes
Indicate the time It would take to layout your newsletter once we receive copy (4 weeks totrao.
FUEL does suggest that the City consider allowing FUEL to redesign the newsletter. If you choose to do
this, FUEL will present two concept sketches (covers 4- spread) for the City to choose frorn. The option
chosen will then be refined and produced. This process will take two weeks & can be accomplished
Dealgal and Producillan
FUEL'S designers will produce the publication (Including photography or graphic selection). FUEL Owners
Brent Rector and Steve Worth play active rolls in every design project In the studio. Approved copy will
be laid out by FUEL designers into newsletter formal, a:ong with approved Photographs or graphics. This
proposal assumes a three -proof design process, with the City giving design feedback and content edits
ti at each proof.
All article copy will be submitted by the City as approval final copy at initiation of each newsletter
design/pOnting cycle.
Each newsletter project will be managed by owners Steve and Brent and assigned to designers who
will see the project though from beginning to end—Including press checks to ensure a quality final
product. FUEL has four full-time designers who are available to help develop each newsletter. Steve and
Brent will coordinate all printing and digital production to ensure that the final product is the best it can
possibly be, and develop an ongoing fulfillment :>recess that fits the City's needs,
Painting will be completed In 7 to 14 days. FUEL and our long-time print partner (CGX & Woodbridge
Press, 30 miles from Temple City in Anaheim, CA) suggest that the City consider a direct drop to USPS.
We do this with many newsletters, and find it saves cost and creates quicker turn -around by eliminating
a step In the process,
Each newsletter project will be designed and produced to final files ready for print vendor within 14
business days. This assumes one -day turn around on revisions from the City, which FUEL will support
you In making. Printing will be completed in 7 to 14 days. Newsletter direct drop to USPS creates quick-
er turn -around by eliminating a step in the process. We will explain our recommendations If selected as
your vendor.
PP.EPAREO MAY 13. 2011 eV: FUEL CREATIVE GROUP
S. ASSIGNED PERSONNEL
Both FUEL partners will be actively involved in this project. The project manager, partner Steve Worth,
will manage the schedule and be the point of contact for The project. Panner Brent Rector will be the
art director, overseeing all aspects of the design and production of the newsletter.
If you ever have a question or concern (or praise!) during the process, you be
gi talking directly to the owners of the Company.
fa The otg chart at right details FUELS organizational structure, and resume's follow on page 10.
L13
PRUI^RI-D MAY J.- -IU RY: FUEL CRTATIA GnCUP
Expertise:
Brent brings more than 20 years of graphic design experience to the agency and their clients. His role
as partner at FUEL Creative Group has allowed his unique design aesthetic and playful range of graphic
styles to foster ever more innovative client outcomes. With experience on projects for large clients,
Brent has the creative know-how and experience to handle any project. His talents have made FUEL
a force in the local and international design markets, forming strong relationships. Before opening
FUEL Creative Group in February of 2004, Brent was Senior Art Director at Wallricn Landi Integrated
Marketing Communications In Sacramento, California. In this high-pressure position, Brent managed
the schedules and led the work of five designers. Brent has won major awards for his design work and
brings a very successful hands-on management style.
Client Experience (Partial)
2010-2011
Jackson Laboratories—West
2008-2009
California Department of General Services Office of Administrative Hearings
2008-2009
County of Sacramento Probation Department
2006-2011
City of San Fernando
2006-2011
City of Rancho Cordova
2006-2011
American River Bankshares
2004-2011
Weidner Architectural
2004-2011
Roudybush Bird Foods
2004-2011
Roseville Electric
2004-2011
City of Roseville
2004-2011
California Travel and Tourism Commission
2009
State Capitol Museum (CA State Parks), Our Union Forever Exhibit Posters
2009
EdFund
2007
SMUD Hydrogen Refueling Station Educational Signage
Education:
B.A., Graphic Design, California State University, Sacramento
Awards and Accomplishments (Partial List):
American Public Power Association (APPA) Annual Report Award—Roseville Electric 2006 &
2008 Annual Report
Northwest Public Power Association (NWPPA)—Annual Report Award: Roseville Electric's 2006 Annual
Report
Advertising Professionals of North Los Angeles, Best of Show Award --City of San Fernando
Sacramento Ad Club Delta Award—WaIrich Landi 2005 Christmas Campaign
Work has been featured in Logo Lounge 4 and 5 (Hellbent sale and Shortstuff)
Folio Magazine OZZY Gold Award—Prosper Magazine
SPRA 2009 CAPPIE "Publication Gold Award" --City Views newsletter
Print Magazine Regional Design Annual: Crush 29 Olive Oil Packaging
im
RESPONSE TO CITY OF TEMPLE CITY, REQUEST FOR PROPOSAL: DESIGN AND PRINT BERIVICES MR QUADWRLY NEWSLgrFER
Expertise:
With far-reaching design skills Including advertising, identity packages, websites, publications, annual
reports, newsletters, packaging, trade show booths, multimedia and 3D animation. Steve is invaluable
to clients. In FUEUs five years In business, Steve has led Work for clients Including EdFund, California
Business Transportation and Housing Agency, American River Bankshares, the California Travel and
Tourism Commission, Mazda Raceway Laguna Seca, and the California Earthquake Authority. His strong
typography and corporate branding skills have enabled him to tackle large scale projects far clients
such as City of Roseville, American River Bankshares, TDK, the Sacramento Bee, California Earthquake
Authority, Roseville Electric, Weidner Architectural, the California Travel and Tourism Commission, Sacra-
mento Municipal Utilities District (SMUD), Roudybush Bird Foods, and Sactown Magazine.
In 2007, Steve managed the design and production of the SMUD Hydrogen Refueling Station signage.
The FUEL team created the design concept, outlined the program for the signage and Contracted with
Weidner Architectural Signage to produce these highly functional, durable and attractive education
signs still currently Installed at the facility,
Client Experience (Partial):
2007 SMUD Hydrogen Refueling Station Educational Signage
2009 EdFund
2009 Jackson Laboratories—West
200&-2010
California Business Transportation & Housing Agency
2008-2009
California Department of General Services Office of Administrative Hearings
2008-2009
County of Sacramento Probation Department
2006-2011
City of San Fernando
2006-2011
City of Rancho Cordova
2006-2011
American River Bankshares
2004-2011 Weidner Architectural
2004-2011 Roudybush Bird Foods
2004-2011 Roseville Electric
2004-2011
City of Roseville
2004-2011
California Travel and Tourism Commission
2009
State Capitol Museum (CA State Parks), Our Union Forever Exhibit Posters
2004-2007
California Earthquake Authority
Education:
B.A., Graphic Design, California State University, Chloe,
Awards and Accomplishments (Partial List):
American Public Power Association (APPA) Annual Report Award—Roseville Electric 2006 & 2008 An-
nual Report
League of American Communication Professionals Vision Award 'Gold and Silver"--CTTC: Insights
Work has been featured in Logo Lounge 5
Print Magazine Regional Design Annual: ADAC Event InvitaflonF
TV
PREPARED MAY 13. 2011 Sy; FUEL Cluio`WE GROUP
��, , -.#. �F,o'�r� 77
FUEL will be subcontracting the printing of the Newsletter to Consolidated Graphics Incorporated
(CGX), through our sales representative Todd Fulton at Eai Todd and FUEL have been working
together since FUEL's inception wid over the last 8 years have provided hii printing at the right
price. CGX is a world-wide printer which gives us the possibility of leveraging their entire network and
print your pieces locally to keep the dollars local, !n this case at Woodbridge, Press. located 30 miles
from the City ofl Temple City.
W
RESPONSE TO tlt'(OFTEMPLE CITY. REQUEST FOR PROPOSAL MIGH AND PMNT 89MCES FDR OUARMALY NEWSLETMER
7 1,
FUEL Has extensive experience creating Newsletters for both public and private entities. Below you will
find just some of our experience and references.
Client Experience (Partial):
2007
SMUD
2009
Turlock Irrigation District
2009
EdFund
2009-2011
Jackson Laboratories ---West
2008-2010
California Department of General Services Office of Administrative Hearings
2006-2010
County of Sacramento Probation Department
2009--2011
City of Elk Grove
20142011
City of Sacramento
2006-2011
City of San Fernando
2006-2011
City of Rancho Cordova
2006-2011
American River Bankshares
2004-2011
Weidner Architectural
2004-2011
Roudybush Bird Foods
2004-2011
Roseville Electric
2004-2011
City of Roseville
2004-2011
California Travel and Tourism Commission
2009
State Capitol Museum (CA State Parks), Our Union Forever Exhibit Posters
2004-2007
California Earthquake Authority
Awards and Accomplishments (Partial List):
Follo Magazine 02ZY Gold Award—Prosper Magazine
SPRA 2009 CAPPIE "Putillcation Gold Award" ---City Views newsletter
Print Magazine Regional Design Annual: Crush 29 Olive Oil Packaging
American Public Power ASSociation (APPA) Annual Report Award—Roseville Electric 2006 &
2008 Annual Report
Advertising Professionals of North Los Angeles, Best of Show Award—City of San Fernando
Sacramento Ad Club Delta Award—Wallrich Lanch 2005 Christmas Campaign
Brent's work has been featured In Logo Lounge 4 and 5 (Hellbent sale and Shortstuff)
13
PRE,'bHED MAY L3. pull RY: FUR CFIEAAIVE 0-10b�
'City Views' newsletter—FUEL has been an integral Part of Rancho Cordova5 communication success
in recent years. They worked with the public information officer to redesign the City's newsletter,
significantly upgrading the communication value and perception of the publication by the community.
They also worked with the City to get a preferential print buy and create a turn -key fulfillment process
using Eagle Press In Sacramento --substantially rutting costs to produce each issue, The City won
the Sacramento Public Relations Association's 2009 CAPPIE -Publication Gold Award" for FUEUs
newsletter results.
FUEL also helped the Economic Development Department at the City of Rancho Cordova create a folder
package that can be customized for use In their outreach efforts, designed the interior and exterior sign
system for City Hall, and created various other marketing and communication tools. (Please see our
provided example,)
Contact:
Troy Holt
Public Information Officer
City of Rancho Cordova
(916) 651-8847
tholt@cItyofranchocomova,com
'Business Partners' newsletter --in 2005, FUEL worked With Roseville Electric to redesign their
Power Partners newsletter, This project was a professionally themed newsletter targeted at partner
businesses to Inform them of upcoming rebates and programs the City was creating to help lower their
electric usage and power bill. FUEL continued to produce the newsletters for four years, until 2008.
(Please see our provided example.) FUEL continues to design public Information campaigns for this
client through the Utility Exploration Center,
'Electric Dispatch' newsletter—FUEL designed this msidem-targeted newsletter to fit Into monthly
power bills. The newsletter educates the Public about the City's progressive recycling, wastewater,
water, garbage collection and irrigation programs. FUEL worked with Roseville Electric from 2005-2008,
redesigning this newsletter, and making sure to balance the need for compelling, emotive visuals with
the desire to be efficient and capture the needs of the community. (Please see our provided example.)
Contact:
Vonette McCauley
Public Relations Manager
Roseville Electric.
(916) 774-5625
YmccauleyriProseville ca,us
Insights Year in Review and Insights Online Companiori—FUEL began producing California Travel ano
Tourism Commissions (CTTC) "Insights" newsletter in 2004. At the time it was their primary way of
communicating with assessed partners and the Industry In general. FUEL redesigned the Publication,
RESPONSE TOO" OF TIMPLF CITY. REQUEST MR PROPOSAL: DOOKWMID FIRM SEWMES MR QUAFMKY WKWILLETTER
making it more graphically compelling and more industry -appropriate in look and feel. FUEL also
developed an electronic version of the newsletter that has allowed the C -ITC to reach more people
and Increase the frequency of distribution at lower costs. FUEL's production of "Irsigh.ts" continues to
be an Integral part of their communication portfolio that has been able to adapt with changes in User
behavior. The publication has twice won the League of American Communication Professionals' Vision
Award. In addition, FUEL has created marketing materials for the CTrC ranging from tourism videos,
promotional postcards, maps, press kits, logos, tote bag, and event Invitations. (Please see
our provided example.)
Contact:
Brooke Byrd
Writer/Editor
California Travel and Tourism Commission
(916) 319-5403
bbyrd@visitcaiifornia.com
What's New in California—Designed by FUEL, this simple newsletter has proven to be a long-lived and
much loved par', of California Travel and Tourism Commission's communications suite. Its job is simply,
to give CTTC industry partners a way to publish California tourism news in a way that Is easily digested
by Industry professionals who are always on the lookout for new destinations and activate to promote
and sell. The piece has a four-color cover with one -color contents so it is both visually exciting and cost-
conscious, (Please see our provided example.)
Contact:
RachelVou
Media Relations
California Travel and Tourism Commission
(916) 319-5427
rueu,Zv1siteal ifornia.Com
City of San Fernando
City Branding, Services Brochure, Trolly Marketing Materials, and information Flyers—Dulog a three
year period, FUEL had the unique opportunity to rebrand the City of San Fernando and extend that
brand to the bulk of the City's communication materials. FUEL worked with the City to identify key
stakeholders, how they consume media, and what it means to them to be a part of the City. FUEL
researched the City's history in detail, identifying pieces of regional history, and built a Survey to mine
the management teams' Vision and build consensus. ftrk performed Includes:
• City Services brochure, produced In both English and Spanish.
• Complete graphics package for the City's new trolly system—included trolly car gaphics and paint
scheme, route signage design, information and event flyers, and In-trdly graphics.
The entire body of work produced by FUEL for the City was recognized for Its excellence by the
Advertising Professionals of North Los Angeles in 2009.
Contact:
Ron Ruiz
Public Works Director
818_898-,_,237
RRuz@cI,san-cern andoCa. us
r"IEF,' I Fn 7,V;, 3 ", "r, r 1 Yl FUzL CREni WE C!'10UP
WORK SAMPLES ARE PROVIDED
Rq
RESPCNSE TO CITY Of TEMPLE CITY, REQUEST POR PROPOSAL: DESIGN AND PFHHT fiRiDRCf.S FOR qUARTEMy NEWS
DESIGN AND PRINT SERVICES FOR
QUARTERLY NEWSLETTER
COST PROPOSAL
PER ISSUE COST TOTAL (4 ISSUES)
DESIGN LAYOUT AND PRE -PRESS $9,750 $39,000
PRINTING
15,000 qty., 8.5x11 size,
70# Glass Stack, Full Color, 2 sides $9,985 $39,940
TOT $19,7 $78,940
17
PER ISSUE COST
TOTAL (4 ISSUES)
DESIGN LAYOUT AND PRE -PRESS
$10,500
$42,000
PRINTING
15,000 qty., 8.5x11 size,
70# Gloss Stock, Full Color, 2 sides
$10,045
$40,180
TOT
$20,11146
$92,180
17
FFUEL, _
CR�AiIYE'L0.0.0.p.
ATTACHMENT B-2
T R A N S M I T T A L
FUEL CREATIVE GROUP I JAN )RR MAR AYR MAT turas MLY ♦uu RRer 0c RR RRc 1 x a a s e T e s 10oaa
n••n m es ♦r.o •a a ja 1a 1a 1e Is ae 17 13 30 N 2GP
2120207H STREET, SUITE 2 21 22 23 24 25 xe a] xe 2, $0 31 3012
Brian Haworth
SACRAMENTO, CA 195M I USA The City ofTemple City, CA
WWW.FUELCREATNEGROUP.COM
916 1669.1591 916 1290.0625
CAROLOFUELCREATIVEGROUP.COM
REGARDING 1 2140 TCTY Newsletter Proposal
Hello Brian, Cathy and Debbie,
"Thank you for inviting us to revise our bid to re -design and produce The City of Temple City
newsletter.
We have modified our process in such a way that your budget can be met. This requires
commitments on both our parts. To receive this level of favorable pricing, FUEL requests a 3 to 4
year contract. We need a liaison with the City who can prioritize delivery of copy and images from
the City for each issue, thus allowing FUEL to maximize the production schedule for your projects.
Please review the bid and let's discuss how to create excellent outcomes for everyone involved.
I'll be in touch within a few days if we have not already connected.
FYI - we did go up to the $7000 mark. We thought that that $250 would at least help cover travel
& Stock photography when needed.
In thanks, _
Carol Davydova
New Business Development
PAGE 2
FUEL _
U[It1VI 61 IOP
COST DETAIL & SERVICE SCOPE
NEWSLETTER DESIGN
FUEL designers develop two (2) concepts based on client re -design direction.
Concepts to consist of 2 covers, 2 spreads and I activities guide spread.
Client choose one concept for exploration. Initial copy is provided to FUEL
FUEL layy out entire publication andrevises twice to completion. Final prod-
ucts are print -ready files and FUEL designer review of printer proof.
To perlorm within this budget FUEL requires:
• One point of contact at the City that all comments and direction come
through.
• Client supplied exact copy and images (we will supplement images as well)
you want included in creating each issue by a mutually agreed upon dead-
line.
• All stock photography over $250 is beyond the scope of our fees and bills as
additional services.
• A maximum page count of 24 pages, a minimum of G activities guide pages,
and 2 pages of'standing features'. A standing feature is something that oc-
curs on a semi regular basis, can change slightly in look but has the same
general layout each issue. The standing features can be spread out through-
out the book, but each will have it's own look that remains semi -consistent.
A good example of a sanding feature is an 'employee profile', Around town'
news feature, 'The Rosemead BLVD. Project' etc. You will direct us on
which features. We discussed the ideas of these features in the last meeting. It
is both a good way to generate easy, relevant content, and it will allow us to
produce more for you in the same budget. All major magazines use this same
ractic.
Services beyond scope of project (a maximum of 54 hours) are additional
services and bill upon client written approval at $125/hour. Final invoice will
include tax & shipping.
$7,000
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IF THIS ESTIMATE MEETS WI7H YOUR APPROVAL, PLEASE SIGN BELOW AND FAX BACK TO US AT 010 200.041E
APPROVED
DATE
San Gabriel Valley City Managers' Association
Annual Spring Workshop - June 19, 2013
REGISTRATION FORM
Registration Deadline - Friday, June 14, 2013
Name of Attendee Title
City:
Address:
Telephone:
Total # of Registrants:
❑ Enclosed please find our check made payable to the:
San Gabriel Valley City Managers Association
in the amount of $
Fax Registration to:
(626) 914-8221
Atten: Sonja Jones
for Attendees at $50 each.
Mail Reaistration and Pavment to:
San Gabriel Valley C.M. Assoc.
c/o City of Glendora
Atten: Sonja Jones
116 E. Foothill Blvd.
Glendora. CA 91741
ATTACHMENT B
FIRST AMENDMENT TO
Professional Services Agreement
by and between
the
CITY OF TEMPLE CITY,
A municipal corporation
and
PACIFIC GRAPHICS, INC.,
A California corporation
Dated July 1, 2013
FIRST AMENDMENT TO AGREEMENT FOR PRINTING SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
PACIFIC GRAPHICS, INC.
This First Amendment to Consultant Services (`First Amendment'), which is dated for reference
as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a
California charter city ("City"). and PACIFIC GRAPHICS, INC., a California corporation
("Consultant'), as follows:
RECITALS
A. City and Consultant entered in a Consultant Services Agreement on December 5, 2012
("Agreement'). The Agreement provides that Consultant will provide printing and bulk mail
distribution services for CONNECT Magazine.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do
hereby enter into this First Amendment which modifies and amends the Agreement as follows:
AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 COMPENSATION.
1.1.1 Section 4 of the Agreement is hereby amended as follows:
The second sentence of Section 4, subparagraph (a) of the Agreement is amended
to read as follows: "The total compensation, including reimbursement for actual
expenses, shall not exceed forty thousand dollars ($40,000), unless additional
compensation is approved in writing by the City Council or City Manager."
1.1.2 Exhibit "B" to the Agreement is hereby amended to read as follows:
"City shall compensate Consultant for the Services performed upon the quarterly
completion of tasks identified in the Scope of Services at a cost not to exceed
$10,000. The total compensation for the Services shall not exceed $40,000 as
provided in Section 4 of this Agreement."
1.2 SCOPE OF SERVICES.
1.2.1 Exhibit "A" to the Agreement is hereby amended to read as shown on Exhibit "A"
attached hereto and incorporated herein by reference.
GENERAL PROVISIONS.
1.3 Remainder Unchanged. Except as specifically modified and amended in this First
Amendment, the Agreement remains in full force and effect and binding upon the parties.
1.4 Integration. This First Amendment consists of pages 1 through 5 inclusive, which
constitute the entire understanding and agreement of the parties and supersedes all
negotiations or previous agreements between the parties with respect to all or any part of
the transaction discussed in this Second Amendment.
1.5 Effective Date. This First Amendment shall not become effective until the date it has
been formally approved by the City Council and executed by the appropriate authorities
of the City and Consultant.
1.6 Applicable Law. The laws of the State of California shall govern the interpretation and
enforcement of this First Amendment.
1.7 References. All references to the Agreement include all their respective teams and
provisions. All defined terms utilized in this First Amendment have the same meaning as
provided in the Agreement, unless expressly stated to the contrary in this Second
Amendment.
3-
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
City:
THE CITY OF TEMPLE CITY
Jose Pulido, City Manager
Consultant:
PACIFIC GRAPHICS, INC.
By: By:
Name: Name:
Title: Title:
-4-
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide the following general services:
1. Standard complete turnaround on print jobs shall be 4 working days, maximum turnaround on any
one project would be no more than 7 business days from receipt of digital mechanical to delivery. In
case for rush jobs, Consultant shall tuna around the job in 72 hours or less.
2. Produce, deliver or accept files from the following software: Adobe Creative Suite 5 (i.e.,
Photoshop, Illustrator, Indesign) and high resolution PDF.
3. Provide 1- to 6 -color lithographic printing and bindery services.
4. Mailing services such as mail preparation, processing, and delivery to the US Post Office (i.e., Bulk
Rate Distribution Center (BRDC) in the City of Industry, CA) of printed publications within the
Consultant's required time frame.
5. Communication with the City's graphics and public information team during the entire production
and delivery of the printed publication.
In the case for CONNECT Magazine, Consultant will produce the quarterly publication per the
following specifications.
Page Count: 40 pg. self -cover
Size:
17" x 11" flat and 8.5" x 11" finish
Stock:
80# Gloss Book
Ink:
4/4 Process + Satin Aq
Bind:
Fold, Stitch and Trim; Hold for Mailing Department
Proof:
Epson
Mail:
Pre -Sort, Tie and Tray
Quantity:
15,500
Distribution:
14,384 to BRDC; 1,116 to City Hall
Consultant shall perform this scope of service for a one-year term from the execution date of this
Agreement. City and Consultant can extend this Agreement for an additional year, upon mutual
agreement by both parties.
-5-
corporationa municipal
and
BETWEEN
TKE CITY •- t'
7
PACIFIC GRAPHICS, INC.
This Agreement for Consultant Services ("Agreement") is entered into as of this 5th day
of December, 2012 by and between the City of TEMPLE CITY, a municipal corporation
("City") and Pacific Graphics, Inc., a California corporation ("Consultant"), City and Consultant
are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred
to as the "Parties."
I�I�7YIIfIFa7
A. City desires to contract with Consultant to provide printing and bulk mail
distribution services for CONNECT magazine.
B. Pursuant to the City of Temple City's Municipal Code, City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
C. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Section 2 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM DE AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement,
the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the set -vices set forth in Exhibit "A" "Scope of Services"
and made a part of this Agreement.
Consultant shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are
authorized in advance and in writing by the City Council or City Manager. Consultant shall be
compensated for any such additional services in the amounts and in the manner agreed to by the
City Council or City Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit `B" "Compensation" and made a part of this
Agreement. The total compensation, including reimbursement for actual expenses, shall not
exceed thirty-seven thousand six dollars and fifty six cents ($37,706.56), unless additional
compensation is approved in writing by the City Council or City Manager.
(b) Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and
sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories:
Iabor, travel, materials, equipment and supplies. City shall independently review each invoice
submitted by the Consultant to determine whether the work performed and expenses incurred are
in compliance with the provisions of this Agreement. In the event that no charges or expenses
are disputed, the invoice shall be approved and paid according to the terms set forth in subsection
(c). In the event any charges or expenses are disputed by City, the original invoice shall be
returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty-five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fi-aud. Acceptance of any of Consultant's work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
-2-
All original maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any services pursuant to this Agreement shall become the
sole property of City and may be used, reused or otherwise disposed of by City without the
permission of the Consultant. Upon completion, expiration or termination of this Agreement,
Consultant shall turn over to City all such original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warrants related
to Standard of Perfonnance and found in Section 9 of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this Agreement. Consultant shall
maintain any and all Iedgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Consultant pursuant to this Agreement. Any and all such documents or records shall be
maintained for three years from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement.
(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
of Consultant's business, City may, by written request, require that custody of such docmrrents or
records be given to the City and that such documents and records be maintained by the
requesting party. Access to such documents and records shall be granted to City, as well as to its
successors -in -interest and authorized representatives.
_3_
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City,
whether by contract or otherwise, unless such authority is expressly conferred under this
AGREEMENT or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's officers, employees, or agents are in any manner
officials, officers, employees or agents of City.
(c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, tiles or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS
AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
-4-
It is the understanding of City and Consultant that California prevailing wage laws do not
apply to this Agreement because the Agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age; physical handicap, medical condition or
marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
hmnigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sec., as amended. and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should the any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Agreement. Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at
all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests
of City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant is, as of the date of execution
of this Agreement, independently involved in the performance of non -related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non -related
services for other governmental agencies and private parties following the completion of the
scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
-5-
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION.
(a) All information gained or work product produced by Consultant in performance
of this Agreement shall be considered confidential, unless such information is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or coma order shall not be considered "voluntary" provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have
the right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
perfonned thereunder. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or
mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liabilitv. Where the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same
are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant,
its officers, agents, employees or sub -consultants (or any entity or individual that Consultant
shall bear the legal liability thereof) in the performance of professional services under this
Agreement.
(b) Indemnification for Other than Professional Liabilitv. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
WOE
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
Iimited to officers, agents, employees or sub -contractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity Agreements with provisions identical to those set forth here in this section from each
and every sub -contractor or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or
this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this Section 16
[Indemnification] to the contrary, design professionals are required to defend and indemnify the
City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a
design professional to claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the design professional. The term "design
professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apply to claims occurring as a result of
City's sole negligence. The provisions of this section shall not release City from liability arising
from gross negligence or willful acts or omissions of City or any and all of its officials,
employees and agents.
SECTI®N 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the teen of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City
Manager. Consultant agrees to provide City with copies of required policies upon request.
Cla[NfY[I7►fFf�'f
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this Agreement. hi
recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion
of this Agreement or the performance of any of Consultant's duties or obligations under this
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Agreement without the prior written consent of the City Council. Any attempted assignment
shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of this
Agreement. City acknowledges, however, that Consultant, in the performance of its duties
pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUIT`4' OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant's staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance.
SECTION 24. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30)
days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement irmmediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
In the event that Consultant is in default under the terns of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work perfonned
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under Section 20. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local governments, acts of City, court orders, fires, floods, epidemics, shrikes, embargoes,
and unusually severe weather. The term and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
All public information, data, reports, records, and maps as are existing and available to
City as public records, and which are necessary for carrying out the work as outlined in the
Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City: City of Temple City
Attn: Jose Pulido, City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Consultant: Pacific Graphics, Inc.
Attn: Eddy Salas, General Manager
14938 Nelson Ave.
City of Industry, CA 91744
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the performance of its obligations hereunder.
ME
This Agreement shall be administered and executed by the City Manager or his or her
designated representative, following approval of this Agreement by the City Council. The City
Manager shall have the authority to issue interpretations and to make minor amendments to this
Agreement on behalf of the City so long as such actions do not materially change the Agreement
or make a commitment of additional funds of the City. All other changes, modifications, and
amendments shall require the prior approval of the City Council,
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 28. MODIFICATION OF AGREEMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing
and approved by the Consultant and by the City Council. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 32. ENTITLE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other .Agreements or understandings, whether oral or written, or entered into
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between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
Peggy Kuo
City Clerk
APPROVED A TO FOR
By:
Eric S. V
City Attorney
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CITY OF TEMPLE
Jose Pulido
City Manager
PACIFIC GRAPHICS, INC.
By: Y v c i�) r-
Its: Its:
NOTE:OBE DULY NOTARIZED,AND
APPROPATTESTATIONS SHALL BE RIATE INCLUDEDAS MAY C
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE
CONSULTANT'S
_12_
STATE OF CALIFORNIA
COUNTY OF
yc"2 v
OnDftewb,r.- . lZ. before me,Q�b,�.v°�uve.S'SI�.oP'( personally appeared rjc,v^r- proved tome on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) oa the instrument the person(s), or the entity upon behalf of which the persons) acted,
executed the instrument.
I certiB, under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Sigriw re
r
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUN•IENT
❑ INDIVIDUAL
�. CORPORATE OFFICER �ovtSv�{-tan-t rjt,t L� L[ S ,•� -C i-C->*vL.+."�
�e c-S.iAr"t- TITLE OR TYPE OF DOCUME
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY -IN -PACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES ))
it
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
to t :
• it M,
Consultant shall provide the following general services:
1. Standard complete turnaround on print jobs shall be 4 working days, maximum turnaround
on any one project would be no more than 7 business days from receipt of digital mechanical
to delivery. In case for rush jobs, Consultant shall turn around the job in 72 hours or less.
2. Produce, deliver or accept files from the following software: Adobe Creative Suite 5 (i,e.,
Photoshop, Illustrator, Indesign) and high resolution PDF.
3. Provide I- to 6 -color lithographic printing and bindery services.
4. Mailing services such as mail preparation, processing, and delivery to the US Post Office
(i.e., Bulk Rate Distribution Center in the City of Industry, CA) of printed publications
within the Consultant's required time frame.
5. Communication with the City's graphics team during the entire production and delivery of
the printed publication.
In the case for CONNECT Magazine, Consultant will produce the quarterly publication per the
following specifications.
Page Count: 36 pg. self -cover
Size: 17" x I1" flat and 8.5" x 1I" finish
Stock: 80# Gloss Book
Ink: 4/4 Process + Satin Aq
Bind: Fold, Stitch and Trim; Hold for Mailing Department
Proof: Epson
Mail: Pre -Sort, Tie and Tray
Consultant shall perform this scope of service for a one-year term from the execution date of this
Agreement. City and Consultant can extend this Agreement for an additional two years at one-
year intervals, upon mutual agreement by both parties.
C, k
City shall compensate Consultant for the Services performed upon the quarterly completion of
the tasks identified in the Scope of Services at a cost not to exceed $9,426.64.
The total compensation for the Services shall not exceed $37,706.56 as provided in Section 4 of
this Agreement.
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the City Manager or City Counsel, in full force and effect throughout the term of
this Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a Current A.M. Best's
rating of no less than A:VIL Consultant shall provide the following scope and limits of
insurance:
I. Minimum Scone of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability
coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or
equivalent forms subject to the written approval of the City.
(3) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons providing
services on behalf of the Consultant and all risks to such persons under this Agreement.
(4) Professional liability insurance appropriate to the Consultant's
profession. This coverage may be written on a "claims made" basis, and must include coverage
for contractual liability. The professional liability insurance required by this Agreement must be
endorsed to be applicable to claims based upon, arising out of or related to services performed
under this Agreement. The insurance must be maintained for at least 3 consecutive years
following the completion of Consultant's services or the termination of this Agreement. During
this additional 3 -year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Consultant shall maintain limits of
insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury,
personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage. A combined single limit policy with aggregate limits in an amount of not
less than $2,000,000 shalt be considered equivalent to the said required minimum limits set forth
above.
(3) Workers' Compensation and Employer's Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1,000,000 per accident.
(4) Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
I. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement, reduced in coverage or in limits except after 30 days' prior written
notice by Certified marl, return receipt requested, has been given to City.
2. General Liabilitv and Automobile Liability Coveraees.
(1) City, and its respective
and employees and volunteers are to be covered as
arising out of activities Consultant performs; products
premises owned, occupied or used by Consultant;
borrowed by Consultant. The coverage shall contai
protection afforded to City, and their respective ele
employees.
elected and appointed officers, officials,
additional insureds as respects: liability
and completed operations of Consultant;
or automobiles owned, leased, hired or
n no special Iimitations on the scope of
cted and appointed officers, officials, or
(2) Consultant's insurance coverage shall be primary insurance with
respect to City, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by City, and its respective elected and
appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute
with, Consultant's insurance.
(3) Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(d) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to City, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Emnlover's Liabilitv Coveraae. Unless the
City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of
subrogation against City, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work performed by Consultant.
C. Other Requirements. Consultant agrees to deposit with City, at or before the
effective date of this contract, certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied with. The City Attorney may require
that Consultant furnish City with copies of original endorsements effecting coverage required by
this Section. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or appointed
officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.