HomeMy WebLinkAbout12/04/1990, C-4 - CONTRACT COPY SERVICES y�l�Illllll�I � � MATING DATE:
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��I I IiUli l i i O SA LU1 S OBIS130
ENGeill�I� COUNCIL, AGENDA REPORT 'NUMBER:
FROM: Ps, City Clerk
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SUBJECT: CO CT COPY SERVICES
CAO RECOMMENDATION
By motion, approve the Request for Proposal (RFP) for contract copy services and
authorize the CAO to award contract to the most responsive contractor if the average cost
per copy is less than 4.5 cents per copy.
DISCUSSION
The City currently contracts with an outside copy service for approximately 50% of the
City's copy needs. These contract services are used for the larger reproduction needs of
the City such as Council Agenda Reports, Commissions Reports, Budget Reports, and other
large copy needs. The major benefit to the City is the labor savings.
More than 90,000 copies are made offsite monthly through the copier contract compared
with 94,000 copies made onsite. The recently approved copier policy (Attachment A)
includes an analysis of copier volumes and performance for onsite equipment as well as
addressing the City's contract copier services. Recent bids for onsite copiers reflect the
following per copy costs:
Paper $0.0080
Maintenance, Supplies, and Depreciation $0.0236
Total $0.0316
The costs shown above do not include the cost of labor. During 1989-90, the City was able
to obtain contract reproduction services (for basic "black and white" copying) for 3.4 cents
per copy, including labor, which is a major savings. Accordingly, the City will continue to
maintain the practice of sending major copy jobs to a contractor to save costs and labor.
Normally, a major reproduction job is considered to be a job of more than 10 copies.
The current contract with Kinko's is due to expire. Accordingly, the Staff will request
proposals from local copy service firms in the City. Selection will be made on the basis of
the most responsive bid with consideration being given to cost per copy, frequency of
pickup, use of recycle paper, and current customer satisfaction. Under the City's purchasing
guidelines for RFPs, although cost is a major consideration, other criteria will be
considered in determining the most responsive proposal.
This year, the specification requires the vendor to stipulate under Special Copying Services
that white bond must contain at least 25% recycled material. With respect to color bond,
offset, textured, bright/florescent, card and cover paper, the City is requesting recycled
content where possible. This is consistent with the recently adopted Recycled Product
Procurement Policy.
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COUNCIL AGENDA REPORT
CONCURRENCES
The Management Information Committee and Director of Finance concur with the
recommendation to request proposals for contract copy services.
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FISCAL IMPACT AND ALTERNATIVES
The award of a contract to a copy service vendor is to allow for blanket purchasing by City
Departments based on their need for copier services and monies approved in their
operating budget. As such, the award of a copy service contract does not directly impact
the City's budget. During the past year, $55,700 was paid to the City's current service
contractor (Kinko's).
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Not using a copier services contract would require the City to purchase additional copiers, j
incur additional maintenance costs, hire additional personnel, and locate appropriate
equipment and bulk storage space. Due to these factors, contracting large reproduction
orders is a more cost-effective approach in meeting a large portion of the City's copying
needs.
SUMMARY
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The use of contract copying services is recommended in meeting 50% of the City's basic
reproduction needs. The current service agreement with Kinko's is due to expire and
accordingly, it is recommended that the Council approve the Request for Proposal and
authorize the CAO to award contract to the most responsive contractor if the average cost
per copy is less than 4.5 cents per copy.
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Attachments
A. Copier Policy
The Request for Proposal is on file in the City Clerk's Office.
AI)MIN'ISIIZATION1)EI'.11t'IT11iN'1. JI.I('1' A11?MOItnNl)UM Attachments.
^Management of City Copying Nccds
( )OVERVIEW
This policy addresses the City of San Luis Obispo's document reproduction program, both in-house and off-site. The purpose
of the policy is to casure that documents are reproduced in an efficient and effective manner. The policy will take effect upon
approval of the City Administrative Officer,and will be reviewed annually when the off-site copy contract is renewed. The policy
will be administered by the Technical Systems Coordinator.
POLICY
I. In-house and off-site copying volume guidelines.
Generally, it is more cost effective to send copying services to the City's off-site copying services contractor. Therefore,
copying of documents requiring 10 or more topics of a single sheet and not needing the copies for 6 to 24 hours, should
be sent out. Labor,equipment,and maintenance factors make this more economical and efficient. For immediate copying
needs,,the city will provide for at least three operations! levels of walk-up copiers for use within individual departments
and divisions General guidelines are provided below.
A. OFF-SITE COPYING: Any volume greater thaw 10 copies. This includes small numbers of copies of large
documents Le. 2 copies of a 15 page document.
B. IN-HOUSE COPYING: ANY volume over 10 copier should ONLYbe done in-house when timeliness or confidentiality
pmvent rhe document from being sent ouL Taking that into consideration. the three levels of in-house copiers should be
used as follows:
OLarge Copiers 50 copies or under.
Medium Copiers 30 copies or under.
Small Copier 10 copies or under.
I.I. Acquisition of Copy Machines.
A. Funding for all copy machine acquisitions will come from other the Equipment Replacement Fund, Capital
Improvement Plan,or the Organizational Support Services Operating Program budget,consistent with Financial
Plan Policies.
B. During the analysis of copy machine needs and bid evaluation% cost will only be one factor among many to be
considered.
C The choice of lease, rent, lease/purchase or purchase will be used for each copy machine acquisition as best
benefits the City in each situation.
D. The Technical Systems Coord;-iator will establish and administer a replacement cycle policy for all copy machines.
As a part of that replacement policy,funds for copy machines to be purchased will be included in the Equipment
Replacement Fund program where applicable.
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III. St.in,l.ird Slncirications for Copy Machines.
'nccrc arc 4 levels of copy machines which will be considered for use by the City. At the time that need of a new machine
is established, an analysis of the specific users' requirements will be done to determine which category is appropriate
The levels are:
A. VERY HIGHSPEED/VOLUME: Target use: centralized copy services for Citywide copying. Target volume per
month: 50,000 copies and up. e
B. HIGH SPEED/VOLUME: Target use: central copy site for large number of users; multiple divisions and
departments; high volume and quick turnaround time nems. Target City volume per month: 25,000 to 50,000 topics.
Industry rating 50,000 topics/month.
C. MEDIUM VOLUME. Target use: divisional or isolated site main copier. Target City volume per month: 10,01x1
to 25,000 topics. Industry rating: 30,000 copies/month
D. LOW VOLUME Target use: secondary copier in department or site with high demand for more than one copier,
or need for very simple single sheet copying. Target City volume per month: 0 to 10,000 copies. Industry rating: 10,000
topics/month.
IV. Management and Operation of In-house Copiers.
A. Management.• The Technical Systems Coordinator will manage the City's on-site copy equipment. This includes
developing copier poGdcs,receiving new copier requests,coordinating the analysis and procurement of any and
all copiers, coordinating trouble calls, managing maintenance agreements, and coordinating key operators:
B. Maintenance: All copiers owned, leased, or rented by the City will be:covered by a 3rd parry maintenance
agreement, provided by a vendor certified to work on the spec machine's brand.
C. Operation: Each copy machine will have a 'Key Operator,or'Key Operators', appointed by the Departmer.
Head(s) of the department(s)/division(s)/site(s) who it/are the main user(s) of the equipment. The Key-
Operator(s) will be thoroughly trained in the use and routine maintenance of the copy machine, and will be
responsible for
a. Performing routine weekly maintenance and cleaning.
b. Serving as the users' main contact for problems encountered with the equipment.
c. Calling the Maintenance vendor for service when problems are encountered.
d. Informing the Technical Systems Coordinator of severe or repetitive equipment problems
c. Obtaining consumable supplies from the central storage area.
D. Supplies: The City Administrative Officer will designate a department responsible for bulk ordering of
consumable supplies, such c.s paper and toner. ALL copy machine "sites will use supplies ordered by this
departmcni. Each sites' Key Operator will be responsible for arranging delivery of supplies to their copier.
V. Managnmenr of Off-site copy contract
The Technical Systems Coordinator will be responsible for implementing and administering the off-site copy contract.
APPROVED:
Citj Administr ive Officer 1 Date
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CITY OF SAN LUIS OBISPO
REQUEST FOR PROPOSALS
C . (Specification No. CC-90-62)
NOTICE IS HEREBY GIVEN THAT the City Clerk of the City of San Luis Obispo,
State of California, will receive sealed bids pursuant to Specification No. F061990 at the
City Clerk's Office, City Hall, 990 Palm Street, on , at
which time they will be publicly opened and read aloud, for the purchase of the
following supplies, material, and/or services:
Contract Copy Services
Proposals received after said time will not be considered. Each proposal shall be
submitted in a sealed envelope plainly marked:
"Proposal for Copy Services, Specification No. CC-90-62"
Each proposal shall be made out on a proposal form as provided. A copy of which may
be obtained from the City Clerk. Prices shall include State and local sales taxes
separately identified.
The City of San Luis Obispo reserves the right to accept such proposal or proposals as
may be deemed most advantageous to the City, the right to waive any informality in a
proposal, and the further right to reject any and all proposals.
Additional information may be obtained by contacting Pam Voges at (805) 549-7103.
Pam Voges, City Clerk
San Luis Obispo, California
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TABLE OF CONTENT
Page
General Proposal Terms and Conditions 1-3
Special Terms and Conditions 4-5
Specifications 6-8
Proposal & Submission Forms 9-10
Statement of Qualifications & References 11
Purchase Agreement 12-14
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GENERAL PROPOSAL TERMS AND CONDITIONS
O1. Requirement to Meet All Proposal Provisions - Each proposal shall meet all of the
specifications and proposal terms and conditions. By virtue of the proposal submission
and acceptance of the proposal award, the proposer acknowledges agreement with and
acceptance of all provisions of the specifications, except as expressly qualified in the
proposal. Nonsubstantial deviations may be considered provided that the proposer
submits a full description and explanation of, and justifications for, the proposed
deviations. Final determination of any proposed deviation will be made by the City of
San Luis Obispo.
2. Proposal Submission - Each proposal must be submitted on the form(s) provided in
the proposal package. Proposal documents shall be enclosed in an envelope which shall
be sealed and addressed to the City Clerk, City of SAN LUIS OBISPO, 990 Palm St.,
SAN LUIS OBISPO, California 93403-8100. In order to guard against premature
opening, the proposal should be clearly labeled with the proposal title, name of
proposer, and date and time of proposal opening.
3. Proposal Retention and Award - The City reserves the right to retain all proposals
for a period of 60 days for examination and comparison. The City also reserves the right
to waive nonsubstantial irregularities in any proposal, to reject any or all proposals, to
reject or delete one part of a proposal and accept the other, except to the extent that
the proposals are qualified by specific limitations, and to make award as the interest of
the City may require based on the criteria identified in Special Terms and Conditions.
G4. Proposal Quotes and Unit Price Extensions - The extensions of unit prices for the
quantities indicated and the lump sum prices quoted by the proposer must be entered in
figures in the spaces provided on the Proposal Submission Form(s). Any lump sum price
shall be stated in figures. The Proposal Submission Form(s) must be completed in full. If
the unit price and the total amount stated by the proposer for any item are not in
agreement, the unit price alone will be considered as representing the proposer's
intention and the total will be corrected to conform to the specified unit price.
5. Proposal Withdrawal - A proposer may withdraw his/her proposal, without prejudice
prior to the time specified for the opening, by submitting a written request to the City
Clerk for its withdrawal, in which event the proposal will be returned to the proposer
unopened. No proposal received after the time specified or at any place other than the
place stated in the "Request for Proposals" will be considered. All proposals will be
opened and declared publicly. Proposers or their representatives are invited to be
present at the opening of the proposals.
6. Submission of One Proposal Only - No individual or business entity of any kind shall
be allowed to make or file, or to be interested in, more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business
entity which has submitted a sub-proposal to a proposer submitting a proposal, or who
has quoted prices on materials to such proposer, is not thereby disqualified from
submitting a sub-proposal or from quoting prices to other proposers submitting
proposals.
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7' Contract Requireme - The proposer to whom award is.*--
s. ide shall execute a
written contract with th&-City within ten (10) calendar days ah& notice of the award has
been sent by mail to it at the address given it its proposal. The Contract shall be made
in the form adopted by the City and incorporated in these specifications. The proposer
warrants that he/she possesses, or has arranged through subcontracts, all capital and
other equipment, labor and materials to carry out and complete the work hereunder in
compliance with all Federal, State, County, City and Special District Laws, ordinances,
and Regulations which are applicable.
8. Failure to Accept Contract - If the proposer to whom the award is made fails to
enter into the contract: the award will be annulled; any proposal security will be
forfeited in accordance with the Special Proposal Terms and be made to the next lowest
responsible proposer who shall fulfill every stipulation as if it were the party to whom
the first award was made.
9. Contract Assignment - The proposer shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, of its power to execute such a
contract to any individual or business entity of any kind without the previous written
consent of the City of San Luis Obispo.
10. Non-Discrimination - In the performance of the terms of this contract, the proposer
agrees that it will not engage in, nor permit such subcontractors as it may employ, to
engage in discrimination in employment of persons because of age, race, color, sex,
national origin or ancestry, or religion of such person.
11. Work Delays - Should the successful proposer be obstructed or delayed in the work
required to be done hereunder by changes in the work or by any default, act, or
omission of the City, or by strikes, fire, earthquake, or any other act of God, or by the
inability to obtain materials, equipment, or labor due to Federal Government restrictions
arising out of defense or war programs, then the time of completion may, at the City's
sole option, be extended for such periods as may be agreed upon by the City and the
successful proposer. In the event that there is insufficient time to grant such extensions
prior to the completion date of the contract, the City may, at that time of acceptance of
the work, waive liquidated damages which may have accrued for failure to complete on
time, due to any of the above, after hearing evidence as to the reasons for such verbal,
and making a finding as to the causes of same.
12. Labor Actions - In the event that the successful proposer is experiencing a labor
action at the time of the award of the proposal (or if its suppliers or subcontractors are
experiencing a labor action), the City reserves the right to declare that said proposer is
no longer a responsible proposer, and to select another proposer that is not experiencing
a labor action.
13. Sales Tax Allocation - For sales occurring within the City of San Luis Obispo, the
City is reimbursed one-sixth of the 6 1/4% sales tax paid. Therefore, for proposals from
retail firms located in the City of San Luis Obispo at the time of proposal closing for
which sales tax is allocated to the City of San Luis Obispo, 1% of the taxable amount of
the proposal will be deducted from the proposal by the City in making price
comparisons between proposals.
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14. Communications Regarding Proposal= All timely requests for information
submitted in writing will receive a written response from the City. Telephone
O communications with City staff are not encouraged, but will be permitted. However, such
verbal communication shall not be binding on the City.
15. Business Tax - All proposers should be aware of the City's Business Tax Ordinance
which requires that a Business Tax Receipt be obtained before any business, trade,
profession, enterprise, establishment, occupation, or calling is conducted within the City.
The amount of the tax is based on gross receipts resulting from business conducted in
the City of SAN LUIS OBI.SPO, and is required to be paid when business is conducted
in the City even though the principal location of the business may be outside of the City
ora Business Tax Receipt has been issued to them by another city..Issuance of a
Business Tait Receipt is only evidence of the fact that the tau has been paid; it does not
sanction or approve any operation not otherwise permitted. Verification that the
proposer has a valid City of SAN LUIS OBISPO Business Tax Receipt will be obtained
by the City prior to the execution of the lease contract. Additional information regarding
the City's Business Tax program may be obtained by calling (805) 549-7134.
16. Payment Terms - The City's payment terms are 30 days from the,receipt of an
original invoice referencing the City's purchase order number and acceptance of the
materials, supplies, equipment, or services (Net 30). Payment will only be released
earlier for payment discounts and acceptance of materials, supplies, equipment or
services.
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SPECIAL TERMS AND CONDITIONS
1. Contract Term. The prices provided for these items must be valid for a period of one
year unless otherwise conditioned by the Contractor as an exception to the Proposal. The
prices specified by the successful contractor may be renegotiated between the City and the
successful Contractor within 90 days if the City picks up an option to renew the agreement
for a second year. Increases in the renegotiated prices are not to exceed the annual
percentage change in the U.S. Consumer Price Index- All Urban Consumers (CPI-U) for
the most recent period for which this information is available prior to renewal.
2. Non-Exclusive Contract. The City reserves the right to purchase services listed in the
RFP Submission Form, as well as any supplemental items or services, from contractors
during the contract term.
3. Recycle Paper. The contractor will be required to guarantee that white bond paper
contains 25% recycled content.
CONTRACTOR RESPONSIBILITIES
1. Release of reports and information. Any reports, information, data, or other material
given to, prepared by, or assembled by the Contractor under this Agreement shall be the
property of the City and shall not be made available to any individual or organization by
the Contractor without the prior written consent of the City.
2. Qualification of Contractor. The contractor will provide the City with a list of at least
three (3) references to verify the quality and timeliness of services included within the scope
of the specifications to be provided. The City reserves the right to contact each of the
references listed for additional information regarding your firms's. qualifications.
3. 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 copy order. If the deadline cannot be met, the Contractor will notify the
person ordering the job before beginning. If the Contractor is unable to meet the required
deadline, the City may take the job elsewhere for reproduction. Each job will be returned
to the City with a completed copy of the work. order with the following information
provided on the form:
a. Contractor's name, address, and work order number.
b. Name and customer number of the department ordering the job.
c. Title and description of the job.
d. Number of copies required.
e. Itemized list of special materials and services.
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O 4. Quality Control. The Contractor 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 the Contractor will either be re-run
or repaired at no charge to the City.
5. Protection of Materials. The Contractor will take the necessary precautions to protect
the City property from loss, damage, theft or unauthorized use.
6. Control of Service Orders. The Contractor will insure that copy services as stated in this
Agreement are provided to only authorized departments,.commissions, agencies, and
individuals.
7. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City,
itemized by up to 20 cost centers, with attached copies of work order forms as supporting
detail.
8. Trade Customs. Except as noted in the Agreement, legally-accepted "trade customs"
applied to the printing trades will be observed.
9. Conflict of Interest. The Contractor certifies that no one who has or will have any
financial interest under this Agreement is an officer or employee of the City. It is expressly
agreed that, in performing these services, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
C10. Insurance. The Contractor shall provide proof of liability insurance as follows:
a. Employer's Liability Insurance $1,000,000
b. Commercial General Liability Insurance $1,000,000 per occurrence
(including coverage for liability for damage
to City property in the Contractor's care,
custody and control)
c. Commercial Automobile Liability Insurance $1,000,000 per occurrence
CITY RESPONSIBILITIES
1. Preparation of originals. Material submitted for copying shall be properly prepared to
the standards required by the Contractor.
2. Work Order. The City will provide a copy of the job order for each job requested,
listing the required services.
3. Pick-up/Drop-off Points. The City will provide specified location(s)where the material
will be picked up and delivered.
4. Quality Control. The City will examine all jobs to ensure that the job has been properly
Cproduced and returned. Unacceptable work will be returned to the Contractor.
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SPECIFICATIONS NO CC-9042
Basic Copying Services ,�
1. Estimated copies per month is 90,000 (See page 8).
2. Minimum number of copies of an original will be one copy.
3. Maximum number of copies of an original will be unlimited.
4. -Cost for reproduction for black image reproduction should be based on 8-1/2" x 11"
or 8-1/2" x 14" paper.
(cost of copying will be separated from the cost of paper)
5. Machine collating will be provided at no additional charge.
6. Machine reduction or enlargement (64010 to 200%) will be provided at no additional
charge.
7. Duplexing will be provided at no additional charge.
8. Minimum turn-around time will be 24 hours unless by special arrangement.
Understandably, larger or complex jobs requiring binding, folding, drilling, padding,
stapling, or special handwork will take longer to produce.
Pickup and Delivery Service
Standard Pickup and Delivery_
Pickup and delivery to City Hall will be provided by the contractor at no additional charge
twice daily except on weekends and official City holidays:
Morning Delivery: 10:00 - 10:30 a.m. Monday through Friday
Afternoon Delivery: 3:00 - 3:30 p.m. Monday through Friday
Optional Pickup and Delivery:
If the City so elects, the contractor will provide pickup and delivery at an additional
monthly cost to the City to the following locations beginning at 10:00 a.m. at City Hall and
at 3:00 p.m. at City Hall Monday through Friday:
955 Morro Street (Public Works)
860 Pacific Street (Recreation Department)
748 Pismo Street (Fire Station No 1)
1042 Walnut (Police Department) .
25 Prado Road ( Corporation Yard)
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SPECIFICATIONS NO CC-90-62
Special Copying Service Requirements
1. Color bond, offset, textured,bright/fluorescent,card or cover paper will be available.
The City prefers to use paper with recycled content of at least 20% where possible..
2. Plastic comb, velo, padding and wire-stitching services will be provided.
3. Drilling (2- or 3- hole in standard location) will be provided.
4. Parallel folding (letter or accordion) will be provided.
5. Where machine collating is not practical, hand collating services will be provided.
Optional Services Provided
Consideration will be given to those contractors able to provide additional specialized
services such as full-color copying, large format copying (11 x 17) process camera work
(PMT/Velox prints), typesetting, rubber stamps, business cards, NCR forms, and other
graphic arts services at the best available prices offered other customers.
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ESTIMATED MONTHLY_ VO.� MES
ESTIMATED
MONTHLY VOLUMES -�
White Bond (Recycled) 11" or 14" 78,000 J
Color Bond 11" 69100
Color Bond 14" 100
Color Offset 11" 1,300
Color Offset 14" 100
Special Finish 11" 1,000
Special Finish 14" 100
Bright/Fluorescent 11" 700
Bright Fluorescent 14" 700
Card/Cover (Any Color) 11" 1 100
Card/Cover (Any Color) 14" 800
TOTAL COPIES 90,000
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PROPOSAL SUBMISSION F�.-.M - Specification No CC-90-62
COPYING SERVICES
('The undersigned declares that he or she has carefully examined Specifications CC-90-62 accompanying
the Request for Proposals and is thoroughly familiar with the contents thereof; is authorized to represent
the vendor; and proposes to deliver the services requested at the prices stated below not including sales
tax:
BASIC COPYING CHARGES PER SIDE: UNIT PRICE
Per Copy Cost (Does not include cost of paper)
PAPER CHARGES:
1. White Bond (25% recycled content) per sheet
8-1/2"x 11 or 14"
2. Color Bond per sheet
8-1/2"x11 or 14"
8-1/2 x 14"
3. Card/Cover per sheet (Any Color)
O8-1/2"x11"
8-1/2"x14"
4. Color Offset per sheet
8-1/211x 11"
8-1/2 x 14"
5. Special Finish per sheet
8-1/2"x11"
8-1/2"x14"
6. Bright/Fluorescent per sheet
8-1/2"X11"
8-1/2"xl4"
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PROPOSAL SUBMISSION F._,_,M --Specification No CC-90-62
OTHER COPYING SERVICES: UNIT PRICE
1. Binding
Plastic comb binding (Cerlox)
Velo binding
Saddle stitch staple (folded)
Side/Corner stitch staple. (flat)
2. Drilling 2 or 3 holes per 1,000 sheets
3. Cutting or Trimming per cut
4. Padding per pad
5. Folding per 100 sheets
6. Copy Preparation per hour
(unbinding, unstapling, organizing)
7. Attached are samples of copying typically required by the City. As part of the bid submission
package, the bidder is required to provide one set of copies of this material. These copies will t
used later to monitor quality if that vendor is the successful bidder.
8. List the optional services you are capable of providing. (See page 7)
OPTIONAL PICK-UP AND DELIVERY:
COST PER MONTH
Delivery and pick-up twice daily beginning at
City Hall to the following locations:
955 Morro Street (Public Works)
860 Pacific Street (Recreation Dept.)
780 Pismo Street (Fire Station #1)
1042 Walnut Street (Police Dept.)
25 Prado Road (Corporation Yard)
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STATEMENT OF PROr%jSER'S QUALIFICATIONS
O List and describe fully the last three contracts performed by your firm which
demonstrate your ability to provide the services included with the scope of the
specifications. Attach additional pages if required. The City reserves the right
to contact each of the references listed for.additional information regarding
your firm's qualifications.
Reference No. 1
Customer Name:
Contact Individual: Phone No:
Address:
Reference No. 2
Customer Name:
Contact Individual: Phone No:
OAddress
Reference No. 3
Customer Name:
Contact Individual: Phone No:
Address:
Signature of Authorized Representative Date
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this
day of , 1990, by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as CITY, and the ,
hereinafter referred to as CONTRACTOR.
WITNESSETH
WHEREAS, on , 1990; CITY invited proposals for the procurement of copy
services per Specification No. CC-90-62.
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal which was
accepted by CITY for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, and shall remain in effect for a period of one (1) year. At
the end of one year, the City may, at its option renew the contract for an additional one
year period. If the contract is renewed for a second year,prices may be renogiated between
the CITY and CONTRACTOR within 90 days of the second year renewal subject to an
increase no greater than the annual percentage change in the U.S. Consumer Price Index -
All Urban Consumers (CPI-U) for the most recent period for which this information is
available prior to renewal. _
2. INCORPORATION BY REFERENCE. The Notice Inviting Proposals,the General Bid
Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and
the Bid Specifications, are hereby incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For furnishing services as specified in this Agreement, CITY
will pay and CONTRACTOR shall receive therefor payment based upon the actual
quantities ordered and received by CITY and the unit prices bid by CONTRACTOR.
Payment to the CONTRACTOR shall be made within 30 days after receipt of an original
invoice from the CONTRACTOR and acceptance of the service by CITY.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinafter mentioned to be made and performed by CITY, CONTRACTOR
agrees with CITY to furnish the services and to do everything required by this Agreement
and the said specifications. Without limiting the generality of the foregoing,
CONTRACTOR warrants on behalf of itself and all subcontractors engaged for the
performance of this Agreement that only persons authorized to work in the United States
pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
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5. HOLD HARMLESS .CJD INDEMNIFICATION. CONTk"CTOR agrees to defend,
indemnify, and hold harmless CITY, its officials, officers, employees, representatives, and
agents, from and against all claims, lawsuits, liabilities or damages of whatsoever nature
arising out of or in connection with, or relating in any manner to any act or omission of
O CONTRACTOR, its agents, employees, and subcontractors of any tier and employees
thereof in connection with the performance or non-performance of this Agreement. The
CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY
and do whatever is necessary to protect the CITY, its officials, officers, employees, agents,
and representatives, as to any such claims, lawsuits, liabilities, expenses, or damages.
6.. TERMINATION. Either party may terminate this Agreement at any time by providing
thrity (30) days written notice of termination to the other parry. Upon such termination,
Contractor shall return to the City all material not yet copied. Work-in-progress will be
completed, delivered and billed as outlined in the Agreement.
7. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding, or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties hereto.
8. ANII-DISCRIMINATION. In the performance of the terms of this Agreement,
CONTRACTOR, agrees that it will not engage in, nor permit such subcontractors as it may
employ, to engage in discrimination in employment of persons because of age, race, color,
sex, national origin or ancestry, or religion of such persons. Violation of this provision may
result in the imposition of penalties referred to in Labor Code Section 1735.
9. AUDIT. CITY shall have the option of inspecting and/or auditing all records and other
written materials used by CONTRACTOR in preparing its statements to CITY as condition
precedent to any payment to CONTRACTOR.
10. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
CITY: Pam Voges, City Clerk
P.O. Box 8100
San Luis Obispo, CA 93403-8100
CONTRACTOR:
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12. AUTHORITY TO 'XCUTE AGREEMENT. Both Cf. 'and CONTRACTOR do
covenant that each individual executing this agreement on behalf of each party is a person
duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF; the parties hereto have caused this instrument to be executed
the day and year first above written.
CITY: ATTEST:
John Dunn, City Administrative Officer Pam Voges, City Clerk
CONTRACTOR:
APPROVED AS TO FORM:
ity i for y
APPROVED AS TO CONTENT:
z ' L�
Director of Finance
City Clerk J
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