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Resolution No. 6192 1 2 3 4 5 6 7 8 part of 9 RESOLUTION NO. 6192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE GARDNER COMMUNICATIONS GROUP PROVIDING FOR NEWSLETTER PREPARATION SERVICES WHEREAS, The City of Vernon publishes a City Newsletter as 10 11 12 13 the City's public relations program; and WHEREAS, the City of Vernon and The Gardner Communications Group wish to enter into an agreement to provide for the Newsletter preparation services based on a negotiated bid for such services submitted by the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 14 15 SECTION 1: The City Council of the city of Vernon hereby 16 finds and determines that the recitals contained hereinabove are 17 true and correct. 18 SECTION 2: The City Council of the city of Vernon hereby 19 approves the Agreement for Professional Services, a copy of which 20 21 22 has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Agreement to be received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon her~by 23 24 authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. 25 26 III III 27 28 1 SECTION 4: The City Clerk of the city of Vernon shall 2 certify to the passage of this resolution and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 5th day of January, 1993. 5 6 ~tMASvt::> t~;Mi';'~~~or Pro Tem 7 8 ATr7~ yi/~~ BRUCE V. MALKENHORST, city Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 STATE OF CALIFORNIA ) 2 )ss COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the city of Vernon, do hereby certify that the foregoing Resolution, being Resolution 5 6 No. 6192, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, 7 8 January 5, 1993, and thereafter was duly signed by the Mayor of the City of Vernon. 9 /h//0 10 /I 11 BRUCE V. MALKENHORST, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- '. ~ ~/9';J 1 AGREEMENT FOR PROFESSIONAL SERVICES 2 3 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this !Jd- day of ~4lLl tVIAf' 1993, BY AND BETWEEN THE CITy'OF VERNON, a municipal corporation, hereinafter referred to as "CITY", 4 5 6 7 AND THE GARDNER COMMUNICATIONS GROUP, a sole proprietorship, hereinafter referred to as "CONSULTANT". 8 9 10 11 12 WIT N E SSE T H: WHEREAS, CITY desires to publish a city newsletter as part of the CITY's public relations program; and WHEREAS, CONSULTANT has proposed to provide newsletter 13 14 preparation services to CITY. 15 16 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PREMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY 17 AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 18 SERVICES TO BE PROVIDED AND COMPENSATION 1. 19 editorial provide Newsletter A. CONSULTANT shall 20 21 22 production at a charge of $23.00 per hour as set forth in Exhibit A, which is attached hereto and made a part hereof by reference. Charges for CONSULTANT's editorial and other costs as set forth in 23 Per Exhibit A shall be at a cost up to $6,183.00 per Newsletter. 24 edition and annual charges shall not exceed those set forth in 25 Exhibit A without prior written authorization from the City 26 27 CONSULTANT shall submit written invoices on such Administrator. charges to CITY on a monthly schedule. All billing shall be based 28 upon actual time and material spent. Invoices shall reflect hours 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expended and shall fully describe the nature of all charges. Invoices shall additionally reflect all payments made to date of invoice and the remaining balance due. B. CONSULTANT shall provide printing at a cost up to $2,200.00 per Newsletter as set forth in Exhibit A based upon 3,000 copies issue and the number of colors used. The number of colors to be used shall be determined by CITY staff on a per-issue basis. C. CONSULTANT shall provide the typesetting of four (4) Newsletter pages, 11" x 14" size, at a cost up to $1,050.00 per Newsletter as set forth in Exhibit A ,based on 3000 copies, to be billed upon delivery of a completed layout to the printer. D. CONSULTANT shall provide for the mailing of each Newsletter at a cost of $633.00 per issue as set forth in Exhibit A, to be billed upon delivery to a U. S. Post Office. Such mailing by CONSULTANT shall include the cost of all bundling and preparation for mailing up to 3,000 copies of the Newsletter. CITY shall use its own Bulk Mail Permit and be responsible for developing a Master Mailing List for such mailing. E. Payment shall be made through CITY's normal demand procedure. 2. EFFECTIVE DATE The effective date of this agreement is January 6, 1993, and shall continue in effect until terminated pursuant to paragraph 3 below. 3. TERMINATION CITY or CONSULTANT may terminate this agreement at any time, with or without cause, upon seven (7) days written notice to -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the other party. 4 . AMENDMENT The terms and conditions of this agreement can only be amended by a written agreement between the parties hereto. 5. ASSIGNMENT Neither the CITY nor CONSULTANT shall assign or transfer its interest in this agreement. 6. COMPLIANCE WITH APPLICABLE LAWS In the performance of this agreement, CONSULTANT shall abide by and conform to any and all applicable laws of the United States, the State of California (including but not limited to the Government Code and FPPC Regulations on Mass Mailings), and ordinances, regulations, and policies of the CITY. 7. CAPACITY AS INDEPENDENT CONTRACTOR Performance of CONSULTANT's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent or employee of the CITY. In consideration for the compensation paid to CONSULTANT by CITY pursuant to Section 1 of this agreement, CONSULTANT agrees that CITY, its officers, employees, agents, representatives and sureties shall not be liable or responsible for any benefits, including but not limited to, worker's compensation, disability, retirement, life insurance, unemployment insurance, health or any other insurance benefits and CONSULTANT agrees that he shall not sue or file a claim, petition, or" application therefore against CITY or any of CITY's officers, employees, agents, representatives, or sureties. III -3- 1 8. NOTICES 2 3 Notices and communications concerning this Agreement shall be sent to the following addresses: 4 CITY: 5 CITY OF VERNON ATTENTION: CITY ADMINISTRATOR/CITY CLERK 4305 SANTA FE AVENUE VERNON, CA 90058-0805 6 7 8 CONSULTANT: 9 PAMELA, GARDNER, DIRECTOR THE GARDNER COMMUNICATIONS GROUP 3333 BREA CANYON ROAD, SUITE 226 DIAMOND BAR, CA 91765 10 11 12 9. HOLD HARMLESS 13 14 CONSULTANT agrees to indemnify, defend and hold harmless 15 16 CITY, its officers, agents, employees, and representatives for damage to property and for injury to or death of any person and from 17 all claims, demands, actions, in connection with CONSULTANT's 18 negligent omissions willful misconduct in the and acts or 19 performance of this Agreement, except that CONSULTANT shall not be 20 responsible for the sole negligence of CITY, its officers, agents, 21 employees and representatives. 22 10. OWNERSHIP OF WORK PRODUCT DOCUMENTS 23 All writings, documents, proofs, and designs prepared by 24 CONSULTANT in connection with or as a result of services performed 25 for CITY pursuant to this agreement shall be and remain the property 26 of CITY. 27 III 28 -4- . 1 IN WITNESS WHEREOF, the parties hereto have caused this 2 agreement to be executed on the month, day and year first written 3 above. 4 CITY OF VERNON 5 6 ,-L' ) B:~:~:C'MA7~~~r ' 7 ATT;q .;~0/~ BRUCE V. MALKtNHORST, City Clerk APPROVED AS TO FORM: Dti~B~~rney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- c.~ .. Bidder: The Gardner Communications Group Address: 3333 S. Brea Canyon Rd., ste. 226 Phone: (714) 598-3550 Contact Person: Pamela Gardner PROPOSED COST MINUTES OF THE FINANCE COMMITTEE MEETING OF THE CITY OF VERNON HELD FEBRUARY 8, 1994 ~,T 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY-HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales MEMBERS ABSENT: None The meeting was called to order by Chairman Malburg. It was; moved by Ybarra,-.seconded by Gonzales, that the Minutes o~ the Finance Committee Meeting held January 11, 1994, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 25, 199.4, was presented, advising that the Light and Power Department needs to replace an aerial service truck, due to high maintenance costs and continual repair work resulting in excessive "downtime." Funds have been budgeted for this truck at ari approximate cost of .$90,000, and it is hereby recommended that the Purchasing Department go out to bid for one new mounted aerial Tift service truck. Upon replacement the existing unit will be declared .surplus. It was moved by Gonzales, seconded by Ybarra, that recommendation be made to City Council that,the Purchasing Department go out to bid for one new mounted aerial lift service truck for the Lic~Y;.t and Power Department at an approximate cost of $90,000. Motiun carried. Communication from Bruce V.~Malkenhorst, Director of Finance, dated January 25, 1994, was presented, transmitting for review and acceptance the City of Vernon General Purpose Financial Statements for the Year Ended June 30, 1993. It was moved by Ybarra,. seconded by Gonzales, to accept for review and study the City of Vernon General Purpose Financial Statements for the Year-Ended June 30, 1993. Motion ( carried. ~ Commun'icat•ion from Bruce V. Malkenhorst, Director of if Finance,-dated February 1, 1994, was presented, advising that Bids rechived and opened in accordance with Bid No. 1329-were I referred by the City Council to the Finance Committee for further U Review. Upon review .by the Director of Finance, it was determin®d that the newsl~,tter could be published in-house at significant savings to the City and also more control of the final document. It is hereby. recommended that (1) all bids received for Bid No. 1329 be rejected; (2) approval be granted to .prepare the City Newsletter in-house (with the exception of printing and mailing); and (3) authority be granted fbr the - purchase of computer equipment, software and supplies at an initial. one-time cost of approximately $5,247.85. The yearly expense for printing .and mailing the quarterly newsletters would be approximately $7,655.44 which results in a cost savings of approximately $15,000 had we acquired consultants. It was moved by Gonzales, seconded by Ybarra, that .recommendation b~~.:made to City Council to (1) reject bids received for Bid'No. 1329•;.(2) approve in-house preparation of the City Newsletter (excluding printing and mailing); (3) approve expense of approximately $7,655 for printing and mailing costs of fQUr quarterly newsletters; and (4) authorize the purchase of computer equipment, software and supplies at a cost of approximately $5;247.85,: .Motion carried. Finance Committee Minutes January 11, 1994 Page 2 It was moved by Ybarra,. seconded by Gonzales, to accept for review and study the Vernon Redevelopment Agency Component Unit Financial Statements for the Year. Ended June 30, 1993 and the Independent Auditors' Reports. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance,.. dated January 4, 1994, was presented, advising that the • Health Department is requesting to replace fifteen, year old furniture iri the Director's office, and two task chairs used by the Environmental Specialists which have deteriorated with use. The furniture was included in the budget, and it is hereby recommended that approval be granted for the purchase of various pieces of office furniture at an approximate cost of $7,566.02. It was moved by Ybarx'a, seconded by_Gonzales, that recommendation be made to~City Council to approve the purchase of various pieces of office furniture for the Health Department at an approximate cost of $7,566.02. Motion carried. • Communication from Jose Alvarez, Utilityman in the Community Services Department, dated January 5, 1994, was presented, requesting permission to rent~a City house or apartment when one becomes available, and advising that he is willing to be placed on-call and available for duty in emergency situations. It was moved by Gonzales, seconded by Ybarra, that the communication from Jose Alvarez dated January 5, 1994 be received and f_il•\ed. Motion carried. • Communication from Bruce V. Malkenhorst, Director of Finance, dated January .5, 1994, was presented, transmitting results of bids opened December. 27, 1993 in accordance with Bid No. 1329 for editing and publishing the quarterly VERNON JOURNAL as listed below: 1. BSI Consultants $ 18,203.00 2. Brownson Communications 30,928.00 3. The Gardner Communications Group 23,924.04 These bids were presented to the City Council at,their meeting held .January 4, 1994 who recommended that said bids be referred to the Finance Committee for further review. It was moved by Gonzales, seconded by Ybarra, that the above referenced bids be referred to'the Director of Finance for review. Motion carried. . Communication-from Bruce V. Malkenhorst, Director of Finance, dated January 5, 1994, was presented, advising that the Fire Department is requesting to replace five typewriters that are five years old-and no longer serviceable. The typewriters are •used at-each of the fire stations (Station No. 1 has-two) to type Fire Incident Reports and other miscellaneous forms. This was included in the budget, and it is hereby recommended that approval be granted .for-the purchase of five typewriters at a cost of approximately $1,834.84•.- The old typewriters will be declared surplus .property.- . It was moved by Ybarra, seconded by ,Gonzales, that. recommendation be made to City Council to approve-the purchase of five typewriters for the Fire Department at an approximate cost of'$1,834.84. Motion carried. Consideration of underwriting funds for a group of "Friends" of the Alameda Corridor chaired by Dolores M. Petullo of•the Vernon Chamber of Commerce. CITY COUNCIL ~ DAVID B. BREAIZLEY ~ ~ City Attorney LEONIS C. MALBURG ~ , FAX: (81.8)330-5818 'Mayor ~ VICTOR`H. VAITS THOMAS A. YBARRA Director of Community Services & Water Mayor Pro-Tem.. FAX: (213).588-2761 Wm. "BILL" DAMS. s KENNETH:J. DeDARIO Councilman' ~ Director of Light & Power: FAX: (213) 583-1983 H. "LARRY" GONZALES Councilman LARRY SPADT . ~ Fire Chief ` W. MICHAEL McCORMICK FAX: (213) 581-0385 Councilman LOUIS ROSENKRANTZ BRUCE V. MALKENHORST CTTY, uALL Police Chief j i j FAX: (2i 3) 581-I f78 City Administrator/City Clerk FAX: (213) 581-7924 In Reply Refer ro: 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 February 8, 1993.- Pamela Gardner The ::Gardner 'Communications Group 3333; S. Brea Canyon Road, Suite 226 'Diamond Bar, California 91765 Re: Agreement for Professional Services Dear Ms: Gardner: Enclosed herewith for your records-is a fully executed duplicate. original of the above referenced .:agreement .pertaining topublication•. of a newsletter for the City. - If you have any questions, please do not hesitate to contact Mr. Gerald Forde. Very truly yours, CITY OF VERNON i is J . Oro s Chief Deputy- ity Clerk GJO/hr Enclosure ccc Gerald W. Forde Assistant to the .City Administrator 1 AGREEMENT FOR PROFESSIONAL SERVICES 2 3 THIS AGREEMENT FOR PROFESSIONAL .SERVICES is made and entered into this ~ day of ~ 1993, 4 5 BY AND BETWEEN THE CITY OF VERNON, a municipal corporation, hereinafter 6 referred to as "CITY", 7 AND THE GARDNER COMMUNICATIONS $ GROUP, a sole proprietorship, hereinafter referred to as 9 "CONSULTANT". 10 W I T N E S S E T H: 11 WHEREAS, CITY desires to publish a City newsletter as part 12 of the CITY's public relations program;. and 13 WHEREAS, CONSULTANT has proposed to provide newsletter 14 preparation services to CITY. 15 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL 16 pREMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY 17 AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 18 1. SERVICES TO BE PROVIDED AND COMPENSATION 19 A. CONSULTANT shall provide Newsletter editorial 20 production at a charge of $23.00 per hour as set forth in Exhibit A, 21 which is attached hereto and made a part hereof by reference. 22 Charges for CONSULTANT'S editorial and other costs as set forth in 23 Exhibit A shall be at a cost up to $6,183.00 per Newsletter. Per 24 edition and annual charges shall not exceed those set forth in 25 Exhibit A without prior written authorization from the City 26 Administrator. CONSULTANT shall submit written invoices on such 27 charges to CITY on a monthly schedule. All billing shall be based 28 upon actual time and material spent. Invoices shall reflect hours 1 expended and shall fully describe the nature of all charges. 2 Invoices shall additionally reflect all payments made to date of 3 invoice and the remaining balance due. 4 B. CONSULTANT shall provide printing at a cost up to 6 $2,200.00 per Newsletter as set forth in Exhibit A based upon 3,000 6 copies issue and the number of colors used. The number of colors to 7 be used shall be determined by CITY staff on a per-issue basis. 8 C. CONSULTANT shall provide the typesetting of four (4) 9 Newsletter pages, 11" x 14" size, at a cost up to $1.,050.00 per 10 Newsletter as set forth in Exhibit A based on 3000 copies, to be 11 billed upon delivery of a completed layout to the printer. 12 D. CONSULTANT shall provide for the mailing of each 13 .Newsletter at a cost of $633.00 per issue as set .forth in Exhibit A, 14 to be billed upon delivery to a U. S. Post Office. Such mailing by 15 CONSULTANT shall include the cost of all bundling and preparation 16 for mailing up to 3,000 copies of the Newsletter. CITY shall use 17 its own Bulk Mail Permit and be responsible for developing a Master 18 Mailing List for such mailing. 19 E. Payment shall be made through CITY's normal demand 20 procedure. 21 2. EFFECTIVE DATE 22 The effective date of this agreement is January 6, 1993, 23 and shall continue in effect until terminated pursuant to paragraph 24 3 below. 25 3. TERMINATION 26 CITY or CONSULTANT may terminate this agreement at any 27 time, with or without cause, upon seven (7) days written notice to 28 -2- 1 the other party. 2 4. AMENDMENT 3 The terms and conditions of this agreement can only be '4 amended by a written agreement between the parties hereto. 5 5. ASSIGNMENT 6 Neither the CITY nor CONSULTANT shall assign or transfer 7 its interest in this agreement. 8 6. COMPLIANCE WITH APPLICABLE LAWS 9 In the performance of this agreement, CONSULTANT shall 10 abide by and conform to any and all applicable laws of the United 11 States, the State of California (including but not limited to the 12 Government Code and FPPC Regulations on Mass Mailings), and 13 ordinances, regulations, and policies of the CITY. 14 7. CAPACITY AS INDEPENDENT CONTRACTOR 15 Performance of CONSULTANT's services hereunder shall be in 16 the capacity of an independent contractor and not as an officer, 17 agent or employee of the CITY. In consideration for the 18 compensation paid to CONSULTANT by CITY pursuant to Section 1 of 19 this agreement, CONSULTANT agrees that CITY, its officers, 20 employees, agents, representatives and sureties shall not be liable 21 or responsible for any benefits, including but not limited to, 22 worker's compensation, disability, retirement, life insurance, 23 unemployment insurance, health or any other insurance benefits and 24 CONSULTANT agrees that he shall not sue or file a claim, petition, 25 or application therefore against CITY or any of CITY's officers, 26 employees, agents, representatives, or sureties. 27 28 -3- 1 8. NOTICES 2 Notices and communications concerning this Agreement shall 3 be sent to the following addresses: 4 CITY: 5 CITY OF VERNON 6 ATTENTION: CITY ADMINISTRATOR/CITY CLERK 4305 SANTA FE AVENUE 7 VERNON, CA 90058-0805 8 CONSULTANT: 9 PAMELA GARDNER, DIRECTOR THE GARDNER COMMUNICATIONS GROUP 10 3333 BREA CANYON ROAD, SUITE 226 11 DIAMOND BAR, CA 91765 12 9. HOLD HARMLESS 13 CONSULTANT agrees to indemnify, defend and hold harmless 14 CITY, its officers, agents, employees, and representatives for 15 damage to property and for injury to or death of any person and from 16 all claims, demands, actions, in connection with CONSULTANT's 17 negligent acts and omissions or willful misconduct in the 18 performance of this Agreement, except that CONSULTANT shall not be 19 responsible for the sole negligence of CITY, its officers, agents, 20 21 employees and representatives. 22 10. OWNERSHIP OF WORK PRODUCT DOCUMENTS 23 All writings, documents, proofs, and designs prepared by 24 CONSULTANT in connection with or as a result of services performed for CITY pursuant to this agreement shall be and remain the property 25 26 of CITY. 27 28 -4- 1 IN WITNESS WHEREOF, the parties hereto have caused this 2 agreement to be executed on the month, day and year first written 3 above. 4 CITY OF VERNON 5 EONI S C . MALffiURG, Map yor 7 . ATTEST: 8 j~G! 9 BRUCE V. MALK NHORST, City Clerk 10 APPROVED AS TO FORM: 11 12 DAVID B. BRE RLEY, City At orney 13 e . BY 14 PAMELA GARDNER, DIRECTOR THE GARDNER COMMUNICATIONS 15 GROUP, Consultant 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- Bidder: The Gardner Communications Group Address: 3333 S. Brea Canyon Rd., Ste. 226 Phone: (714) 598-3550 Contact Person: Pamela Gardner PROPOSED COST I. EDITORIAL $ 23.00 per $ 9,200.00 annually Cost for editorial hour production estimate in hour cost for 100 hours per issue II. PRINTING Four page tabloid $ 2,200.00 per $ 8,800.00 annually (11x14 inch), 4 edition colors, 3,000 copies on recycled paper III. TYPESETTING. Typesetting through $ 1,050.00 per $ 4,200.00 annually photo ready page edition layout for four pages IV. POSTAGE AND HANDLING $ 633.00 per $ 2,532.00 annually A. Postage edition B. Affixing labels and delivery ~ SUB TOTAL $ 6,183.00 per $24,732.00 annually edition PLUS 8.25% TAX $ 2,040.39 PLUS 1.75% CONTINGENCY $ 432.81 FEE GRAND TOTAL $27,205.20 J .I~,3 1 "EXHIBIT A"