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HomeMy WebLinkAboutR-5033 Agreement with Mike's Copy Room for copying services`J RESOLUTION NO. 5033 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT,BETWEEN THE CITY AND MIKE'S COPY ROOM FOR COPYING SERVICES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Mike's Copy Room of San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: City Finance Director; Mike's Copy Room. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayoi Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 18th , day of R. 5033 COPYING SERVICES AGREEMENT This agreement, dated January 28, 1983 is between Mike's Copy Room and the City of San Luis Obispo (referred to as "City" in the following). WHEREAS, the City desires to contract with a single entity for general copying; duplicating and related services; and WHEREAS, the City has selected Mike's Copy Room (hereinafter, "Vendor ") as that entity by competitive bid and by reason of its qualifications and experience for providing such services, and vendor has offered to provide these services on the terms and in the manner described here; NOW, THEREFORE, these parties agree to the following: 1. COORDINATION a. City. All work ordered by City will be accompanied by a "copy order" form listing the specifications of the job and the name and telephone number of the person ordering the job. This person will be responsible for proper preparation of the work and respond to questions from Vendor. b. Vendor. Vendor shall assign a single person to have overall responsibility for the production of work done for the City. This person will respond to questions from the City. 2. DUTIES OF VENDOR a. Services to be furnished. Vendor shall provide the services and materials listed in Exhibit A, attached to this agreement. J b. Deadlines. Regularly - scheduled jobs (such as agendas) are to be delivered within 24 hours of pick -up. All other work will be produced in a timely manner, meeting the deadline listed on the work order. If the deadline cannot be met, Vendor will notify the person ordering the job before beginning. If Vendor is unable to meet the required deadline, City may take the work elsewhere for copying services. c. Quality Control. Vendor will take the necessary steps to insure that the work is produced without errors or omissions, and that a consistent level of high quality is maintained. Unacceptable work which is the fault of Vendor will be either re -run or repaired at no charge to City. If the fault of.City, City will pay reasonable costs. d. Protection of materials. Vendor will take the necessary precautions to protect City property from loss, damage, theft and unauthorized use. e. Permits and Licenses. Vendor shall procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary of the services to be performed by Vendor under this agreement. f. Release of reports and information. Any reports, information, data, or other material given to, prepared by, or assembled by Vendor under this agreement shall be the property of City and shall not be made available to any individual or organization by Vendor without the prior written approval of City. g. Authorized purchases. Vendor will insure that only authorized departments, commissions, agencies and individuals purchase copying under this agreement. Unauthorized purchases will not be paid by City. h. Qualificat -ions of Vendor. Vendor represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY City agrees to cooperate with Vendor and perform the following: a. Preparation of originals. Material submitted for copying shall be properly prepared to the standards required by Vendor. b. Work order. City will provide each job with a copy order form listing the required specifications to complete the work. c. Pick -up /drop =off point. City will provide one location in City Hall where material will be picked up and delivered. d. Quality control. City will examine all jobs to insure that the job has been properly produced. Unacceptable work will be repaired or re -run at no cost to City if the fault of Vendor. If the fault of City, City will pay reasonable costs. 4. COMPENSATION a. City shall pay the vendor for services performed under this agreement as specified in Exhibit A. b. Vendor shall deliver each job with an invoice stating: • Vendor's name, address and invoice number • Name of the department ordering the job • Title or description of the job • Number of copies and the amount due at the rate specified in Exhibit A. . Itemized listing of special materials and services and the amount due at the rate specified in Exhibit A. c. Payment shall be due within 30 calendar days of the invoice date. d. Prices charged by Vendor, as specified in Exhibit A, shall not be increased without written consent of City. e. Charges for "rush" jobs or work requiring "overtime" to produce must be agreed to by City in advance. 5. TRADE CUSTOMS Except as noted in this agreement, legally- accepted "trade customs" applied to the printing trades will be observed. A general listing of these trade customs are shown in Exhibit B. 6. DURATION OF AGREEMENT This agreement will remain in effect for one year. 7. SUSPENSION; TERMINATION a. Right to Suspend or Terminate. Either party may terminate this agreement at any time by providing thirty (30) days written notice of termination to the other party. b. Return of Materials. Upon such termination, Vendor shall return to the City all material not yet copied. Work -in- process will be completed, delivered and billed as outlined by this agreement. 8. NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows: To City: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 To Vendor: Mike's Copy Room 773 Foothill Blvd.. San Luis Obispo, CA 93401 9. INTEREST OF VENDOR Vendor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in performing these services, the vendor shall at all times be deemed an independent contractor and not an agent or employee of City. 10. INSURANCE At the request of City, Vendor shall provide proof of comprehensive general liability insurance (including automobile) and business liability insurance in amounts satisfactory to City and hold City harmless. U IN WITNESS WHEREOF, the City and the Vendor have executed this agreement the day and year below written. VENDOR CITY OF SAN LUIS OBISPO By J, 'c&' ay r Melanie C. Bilhg ATTEST: Z4 CITY CLERK PAMELA V S Approved: City Atto C'.ty Clerk 7 EXHIBIT A COST OF SERVICES PROVIDED BASIC CRITERIA- GENERAL COPYING SERVICES Minimum volume is estimated to be 50,000 copies per month. (Actual volume may vary.) . Minimum of 1 copy of an original, maximum of 1,000 copies. . No extra charge for collating or reduction of 74% and 657. Free pick -up and delivery service to City Hall twice daily (once in the morning between 9:30 and 10:30, and once in the afternoon between 4:00 and 5:00, Monday through Friday, except City holidays. . Same -day service (by arrangement) for regularly scheduled items. 1. Basic charge for copying (81g" x 11" or 81�" x 14" white bond or paper provided by the City): - 1 to 5 copies @ 4c ea; 6 to 149 copies @ 3C ea; 150 to 1000 copies @ 2;1,-, ea; 2. Added charges for special materials: additional 1000's @ 2C ea. a. Color bond (8'1" x 11" or 8;�" x 14 "): 50C per 100 sheets. b. Card stock or cover (any color, 81�" x 11" or 8Y" x 14 "): Card Stock @ $2.00/100 Cover @ $3.00/100 c. Carbonless (NCR) forms: 8;�" x 11 ", in lots of 250 (48 hr. delivery). 2- part:$22_50per -6" 250 3- part:$33_75per sew 250 4- part:$45_OOper set 250 3. Added charges for special services: a. Plastic comb (Cerlox) binding: 75c per book. b. Stapling: 2,L per staple (saddle stitching). 2C per staple (side or corner stitching). c. Drilling (2 or 3 holes in standard location): 52.00 per 1;000 sheets. d. Cutting /trimming: 50C per cut. e. Padding: 15C per pad. (100 sheets) f. Folding: $3.00 set -up plus 2_1(, per 100 sheets. T Trade Customs have been in general use in the Printing Industry throughout the United States of America for more than 50 years. 1. QUOTATION A quotation not accepted within thirty (30) days is subject to review. 2. ORDERS Orders regularly entered, verbal or written, cannot be cancelled except upon terms that will compensate printer against loss. 3. EXPERIMENTAL WORK Experimental work performed at customer's request, such as sketches, drawings, composition, plates, presswork and materials will be charged for at current rates and may not be used without consent of the printer. 4. PREPARATORY WORK Sketches, copy, dummies and all preparatory work created or furnished by the printer, shall remain his exclusive property and no use of same.shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by the printer. S. CONDITION OF COPY Estimates for typesetting are based on the receipt of original copy or manuscript clearly typed, double - spaced on 844" x I I" uncoated stock, one side only. Condition of copy which deviates from this standard is subject to re- estimating and pricing review by printer at time of submission of copy, unless otherwise specified in estimate. 6. PREPARATORY MATERIALS Art work, type, plates, nega- tives, positives and other items when supplied by the printer shall remain his exclusive property unless otherwise agreed in writing. 7. ALTERATIONS Alterations represent work performed in ad- dition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request 8. PROOFS Proofs shall be submitted with original copy. Correc- tions are to be made on "master set ", returned marked "O.K." or "O.K. with corrections" and signed by:customer..If revised proofs are desired, request must be made when proofs are returned. Printer regrets any errors that may occur through.. production. undetected, but cannot be held responsible for errors if the work is printed per customer's O.K. or if changes are communicated verbally. Printer shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed printer.to proceed without submission of proofs. 9. PRESS PROOFS Unless specifically provided in printer's quo- tation, press proofs will be charged for at current rates. An inspec- tion sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during the time of makeready. Any changes, corrections or lost press time due to customer's change of mind or delay will be charged for at current rates. 10. COLOR PROOFING Because of differences in equipment, paper, inks and other conditions between color proofing and pro- duction pressroom operations, a reasonable variation in color be- tween color proofs and the completed job shall constitute acceptable delivery. Special inks and proofing stocks will be forwarded to cus- tomer's suppliers upon request at current rates. 11. OVER RUNS OR UNDER RUNS Over runs or under runs . not to exceed 10% on quantities ordered up to 10,000 copies and /or the percentage agreed upon over or under quantities ordered above 10,000 copies shall constitute acceptable delivery. Printer will bill for actual quantity delivered within this tolerance. If customer re- quires guaranteed "no less than delivery, percentage tolerance of overage must be doubled. 12. CUSTOMERS PROPERTY The printer will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer, while such properly is in the printer's possession; printer's liability for such property shall not exceed the amount recoverable from such insurance. 13. DELIVERY Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. local customer's place of business or F.O.B. printer's platform for out-of -town customers. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to printer, or from customer's supplier to printer are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer's request. Materials de- livered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and printer cannot accept liability for shortage based on supplier's tickets. Title for finished work shall pass to the customer upon delivery, to carrier. at shipping point or upon mailing of invoices for finished work, whichever occurs first. 14. PRODUCTION SCHEDULES Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire..strikes, accidents, action of Government or civil authority and acts of God or other causes beyond the control of customer or printer. 15. CUSTOMER FURNISHED MATERIALS Paper stock, cam- era copy, film, color separations and other customer furnished ma- terials shall be manufactured, packed and delivered to printer's specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer. 16: TERMS Paymept shall be net cash thirty (30) days from date of invoice unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the customer in writing within a period of thirty (30) days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. Printer's liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits-.,(or profits lost). As-security for payment of any sum due or to become due under terms of any Agreement, printer shall have the right, if necessary, to retain possession of and shall have a lien on all cus- tomer property in printer's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien. 17. INDEMNIFICATION The customer shall indemnify and hold harmless the printer from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against the printer on grounds alleging that the said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to pri- vacy or other personal rights, except to the extent that the printer has contributed to the matter. The customer agrees to, at the cus- tomer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer; provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give to the customer such reasonable time as the exi- gencies of the situation may permit in which to undertake and con- tinue the defense thereof. Originally formally promulgated, Annual Convention, United Typothetae of America, 1922. Revised and updated and rcpromulgated, Annual Convention, Printing Industries of America, Inc., 1945 & 1974.