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HomeMy WebLinkAboutCITIZEN PRINTING COMPANY - CONTRACT - BID - 5745 PRINTING - UTILITIES CALENDARSSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Citizen Printing Company, hereinafter referred to as "Service Provider'. W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence September 1, 2006, and shall continue in full force and effect until August 31, 2007, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to SA 08/22/06 K. The parties acknowledge that the City's objectives for the advertising program to be carried out through the performance of this Services Agreement are to generate revenue for the City through the placement of advertising in a City -owned promotional brochure; to maintain a neutral position on political, religious, and ideological matters; and to limit advertising to family -oriented products and services appropriate for citizens of all ages. Because the City's sale of advertising space is for the purpose of raising revenue, and not for the purpose of establishing a forum for public speech, the City reserves to itself the sole and final authority as to whether proposed advertising is consistent with these objectives. All advertising in place during the term of this Services Agreement shall comply with this provision. Advertising that is determined by the City to be inconsistent with these objectives shall be removed immediately upon receipt of a written request for such removal by the Service Provider. L. Advertising must comply with the following policy (Revised by City Council 4/1 /03): ADVERTISING POLICY — CITY OF FORT COLLINS CULTURAL, LIBRARY, AND RECREATIONAL SERVICES Purpose: This policy establishes guidelines for regulating advertising within facilities of the City of Fort Collins' Cultural, Library and Recreational Services Department. City staff may, in order to financially support programming and facility needs, actively market and promote the sale of advertising space to generate revenue. Statement of Policy: 1. Advertising in facilities may not include or constitute the following: a) advertising that primarily conveys a political, religious, ideological or other non- commercial message; b) advertising of alcohol or tobacco products or other products or services available only to adults by law; c) advertising that promotes illegal activities or transactions, that is misleading or deceptive, or constitutes a public nuisance; d) advertising of any product or service primarily related to sexual or violent activities, or advertising of any product or service in a manner that is sexually suggestive, that displays or suggests violence, or is inappropriate for minors. 2. The City reserves the right to view any advertisement prior to its posting, and to reject, in the City's sole discretion, advertising that does not comply with the above guidelines. 3. Advertising rates will be established by staff and/or through the City's competitive bidding process. 4. Advertising may include, but is not limited to the following areas: • Flat panel monitors within the facility • Within playbill programs distributed at performances • Marquee and portable kiosk space in areas designated by facility staff. • Lobby benches. • Posters, banners or flags located in areas designated by facility staff. 5. Individual advertisers will be responsible for providing the advertising materials and any costs associated with the advertising materials and their display. 6. The length of the advertising contracts will vary based on location and type of event, and will not exceed one (1) year in length. 7. Annual advertising contracts for certain spaces will be offered through a competitive bidding process. Seasonal or event advertising for other spaces will be offered on a first -come, first -serve basis. 8. Advertisements do not reflect the views or recommendations of the City of Fort Collins, the Cultural, Library, and Recreational Services Department, or its employees. 9. Individual facilities within Cultural, Library, and Recreational Services may include other advertising opportunities related to programs specific only to that facility. (Exhibit B -Lincoln Center Playbill Brochure Advertising Rates_ (Season Ads B&W Full Page: $4125 1/2 Page: $2600 114 Page: $1400 Color 1/2 Page Inside Front Cover: $3840 1/2 Page Inside Back Cover: $3600 Center Spread i B&W only: $2200 Seasonal Per Rate Performance Rate Outside Back Cover: $9,280 $145 Inside Front Cover: $7,680 $120 (Inside Back Cover: $7,040 $110 Full Page: Pages 3, 4, 21 & 22: $5,500 $86 Half -Page: Pages 3, 4, 21 & 22: $3,200 $50 Quarter Page: Pages 3, 4, 21 & 22: i $2,240 I $35 2006/2007 Playbill Advertising Pricing Showstopper Series Inside Front or Inside Back Cover - Color Only: Commercial: $2500 Non -Profit: $2000 1/2 Page Inside Front Cover or 112 Page Inside Back Cover: Commercial: $1500 Non -Profit: $1250 Commercial Customer Rates: Full Page Half Page Quarter Page Non -Profit Rates: Full Page Half Page Quarter Page B&W Color $1,600 $2,000 $1,250 $1,500 $750 $1,000 B&W Color $1,440 $1,750 $1,125 $1,250 $675 $750 Anything Goes Series Inside Front or Inside Back Cover - Color Only Commercial: $2000 Non -Profit: $1500 112 Page Inside Front Cover or 1/2 Page Inside Back Cover: u Commercial: $1250 Non -Profit: $1000 Commercial Customer Rates: i B&W Color Full Page $1,250 $1,500 Half Page $750 $1,000 Quarter Page $375 $500 Non -Profit_ Rates: B&W Color Full Page $1,125 ! $1,250 Half Page ! $675 i $750 Quarter Page $338 $375 I Dance & Classical Music Series Inside Front or Inside Back Cover - Color Only: Commercial: $1750 Non -Profit: $1500 I I 1/2 Page Inside Front Cover or 1/2 Page Inside Back Cover: Commercial: $1000 Non -Profit: $800 Commercial Customer Rates: B&W Color Full Page $1,000 $1,500 Half Page $500 $750 Quarter Page $250j $500 Non -Profit Rates: B&W Color Full Page $750 $1,000 f Page �QuarterPaa l $400 $ 600 g � $225 $337575 Imagination Series Inside Front or Inside Back Cover - Color Only Commercial: $2000 Non -Profit: $1500 1/2 Page Inside Front Cover or 1/2 Page Inside Back Cover Commercial: $1250 Non -Profit: $1000 Commercial Customer Rates: B&W Color Full Page $1,250 $1,500 Half Page $750 $1,000 Quarter Page $375 $500 Non -Profit Rates: B&W Color Full Page $1,125 $1,250 Half Page $675 $750 Quarter Page $338 $375 i Special Performance or Individual Performances Inside Front or Inside Back Cover - Color Only: Commercial: $750 Non -Profit: $500. 1/2 Page Inside Front Cover or 112 Page Inside Back Cover: Commercial: $500 Non -Profit: $400 Commercial Customer Rates: B&W Color Full Page $400 $500 Half Page $200 $250 Quarter Page $100 1 $125 Non -Profit Rates: B&W I Color Full Page $360 $400 Half Page $180 $200 Quarter Page $90 $100 Arts Group Listing; $300 EXHIBIT C SERVICE PROVIDER COMPENSATION PLAN A. Advertising Customers and Service Provider shall bear all costs for operating the advertising program and for production of the Playbill performance brochures. Upon close of the Advertising Sale, Service Provider will obtain payment from the Advertising Customer. B. Service Provider and the City will split (50%/50%) any net revenue from Ad Sales after Production Costs and Sales Commission are covered. Estimated Net Revenue (Income) for the program for the 2006/07 season is as follows: Estimated 2006/07 Revenue from Ad Sales: $60,000 Less Estimated Production Costs: ($41,000) Includes Design, Layout, Printing Less Sales Commission: ( $9,000) Includes Ad sales, collection, billing Net Income Expected: $10,000 1. The City will not be held liable in the event that Revenues do not exceed Costs (i.e., in the event that Net Income is a negative amount). C. The City reserves the right to negotiate additional compensation plans with Service Provider in the event that additional advertising opportunities in addition to those outlined in EXHIBIT A — SCOPE OF WORK arise during the course of this Services Agreement. EXHIBIT D PLAYBILL BROCHURE PRINTING SPECIFICATIONS Specifications Lincoln Center is presenting 24 shows (64 performances) during the 2006 / 2007 that will require a playbill. The total number of playbills needed is estimated to be-74,000. The size of the playbills will be 6" x 9" and will be up to 28 pages in length. The average length of the playbills will be 24 pages. Each playbill will have 8 pages of full color and 16 pages of black only. This is an average - some of the programs will have only 16 pages, some 20 and some 28 but all will have at least 8 pages of color. All pricing will be based on the actual page count. Each playbill will be printed on 80# gloss enamel, saddle stitched and delivered to Lincoln Center on the date specified. Citizen Printing will provide: Ad sales to cover the entire costs of design, layout and printing of playbills for the 2006 / 2007 season. Citizen will also be responsible for the collection of ads and billing of ad purchasers throughout the season. Design, Layout and Printing according to the specifications outlined above: The cost for this is estimated to be -$41,000 based on 24 shows (64 performances for the 2006/2007 season) and a total of 74,000 playbills. Designated space for the Lincoln Center information: Citizen printing will provide the amount of space needed to print the performance information and Lincoln Center information including upcoming attractions. Typically, the split between pages for advertisement and pages for copy/information will be 11 pages of advertisements and 13 pages of copy/information. Lincoln Center will provide: • Assistance with advertisement sales in the way of providing contact names to Citizen Printing of potential advertisers • Playbill information by the agreed -upon deadlines for each program the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: Copy to: Evan Hyatt David Shafer Ed Bonnette, Buyer Associate Director, Lincoln Center Citizen Printing Company City of Fort Collins City of Fort Collins 1309 Webster Ave P.O. Box 580 P.O. Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, perthe attached Exhibit "C", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an sn aenzroe 2 agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from. City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or SA 08/22/06 3 equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severabilily. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit B, consisting of three (3) pages, and Exhibit D, consisting of one (1) page, attached hereto and incorporated herein by this reference. 18. Prohibition Against Employing Illegal Aliens. [This paragraph shall apply to all Consultants/Contractors whose performance of work under this Agreement does not involve the sn a8122/06 4 delivery of a specific end product other than reports that are merely incidental to the performance of said work.] Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. SA 08I22/06 5 E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. SA 08/22/06 6 H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. SA 08/22/06 CITY OF FORT COLLINS, COLORADO a municipal corporation James . 'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management pO, A EST, 0 .. City Clerk APP R A As stant ity ttorney Date:" TEST: CORPORAT ECRFa1jARY Date: �? --%/ b (Corporate Seal) SIDENT SA 08/22/06 I EXHIBIT A SCOPE OF WORK A. Service Provider shall solicit and sell Season and/or Show Series advertising for Lincoln Center Playbill performance brochures and as outlined in this Services Agreement. Service Provider shall be required to make a good faith effort to sell appropriate advertising, in accordance with the City of Fort Collins CLRS Advertising Policy (attached). B. Advertising rates will be established mutually between the City and the Service Provider, and will be reviewed annually for possible adjustment. All advertising shall be sold at agreed -upon rates, to be set forth in a Rate Sheet (see Exhibit B) that will become part of the Services Agreement; unless the City grants to Service Provider express written permission (e-mail is acceptable) to deviate from such rates. C. Advertising Customers and Service Provider shall bear all costs for operating the advertising program and for production of the Playbill performance brochures. Estimated 2006/07advertising revenue from the program is expected to be approximately $60,000. D. Service Provider shall submit a proof of the proposed advertising to the City representative for approval (subject to guidelines provided by the City of Fort Collins CLRS Advertising Policy) prior to its publication. E. Service Provider shall perform all collection of payments from Advertising Customers, and assume all costs associated with production of the advertising and the Playbill performance brochures. F. Service Provider shall keep updated and accurate records of all sales calls made, including unsuccessful contacts. Service Provider shall provide a copy of these records to the City as requested. Service Provider's books and records will be subject to inspection and audit, upon request from the City. G. The City reserves the right to free use of non -designated ad space in the Playbill performance brochures. Service Provider agrees to produce artwork for.such City space at their expense. H Service Provider shall strictly observe and conform to all applicable federal, state, and local laws, regulations, and orders that have been or may hereafter be established. I. Any Ad Space used by Service Provider for their own use must conform to all other requirements of this Services Agreement. J. The City reserves the right to reclaim any Ad Space should the Advertising Customer go out of business during the term of their Ad Contract. Any reclaimed Ad Spaces will go back into the program's inventory; available for resale to subsequent Advertising Customers.