HomeMy WebLinkAbout29 - PSA for Newport Navigator MagazineQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 26, 2025
Agenda Item No. 29
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Sean Levin, Recreation and Senior Services Director - 949-644-
3151, slevin@newportbeachca.gov
PREPARED BY: Brian Cordeiro, Recreation Manager - 949-644-3156,
bcordeiro@newportbeachca.gov
TITLE: Approval and Award of Printing Services Agreement for Newport
Navigator Magazine with Advantage Mailing LLC
ABSTRACT:
Staff is requesting City Council approval to award the printing services contract for the
City of Newport Beach's Newport Navigator and digital summer camp guide to Advantage
Mailing LLC.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment, directly
or indirectly; and
b) Award a five-year printing services contract for the Newport Navigator brochure and
digital summer camp guide to Advantage Mailing LLC for the total not -to -exceed
price of $521,544.91, and authorize the Mayor and City Clerk to execute the
contract agreement.
DISCUSSION:
The Recreation & Senior Services Department produces four seasonal "Newport
Navigator" activity publications annually (fall, winter, spring and summer), and one digital
summer camp guide. The Newport Navigators and summer camp guides are the primary
marketing and branding pieces used by the department to promote recreation and senior
programs, facility rental opportunities, community events, and to provide information on
City parks and the community's natural resources. In addition, City departments use the
Newport Navigator to highlight library programs, cultural arts, community emergency
response team (CERT) information, and items of general public interest.
Newport Beach residents and visitors rely on these print publications for information on
the wide variety of special interest classes, annual summer camps, aquatics classes,
educational and lifelong learning programs, and senior community events and services.
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Approval and Award of Printing Services Agreement for
Newport Navigator Magazine with Advantage Mailing LLC
August 26, 2025
Page 2
The Newport Navigator is mailed using the United States Postal Services Every Door
Direct Mail (EDDM) service which calls for approximately 42,000 copies to be printed per
quarter to provide one copy per home.
Staff developed a Request for Proposals (RFP) solicitation that was publicly posted to the
City's online bidding platform (PlanetBids) and distributed directly to known printing
vendors. The City received five proposals from the following companies:
• Advantage Mailing LLC
• Mittera
• The Dot Corp
• The Monaco Group
• World Trade Printing Company
The RFP called for the printing of the Newport Navigator brochure on paper certified by
the Forest Stewardship Council (FSC) as well as the ability to produce a digital and
interactive version of the document enabling users to click once to register. The RFP
advised bidders that the evaluation and selection process would encompass two phases.
In the first phase (Technical Evaluation), an evaluation panel consisting of staff from the
Recreation & Senior Services Department assessed each proposer on factors such as
experience, qualifications, resources and technical ability, relative to the production of the
Newport Navigator. A minimum score of 1200 (70% of total score) was required in phase
one for the bidder to be moved to the next phase. The second phase (Cost Review)
involved the City's Purchasing Agent performing an evaluation and comparison of each
bidder's proposed production costs for the first year of the contract covering four editions
of the Newport Navigator and the digital summer camp guide.
After the completion of the Technical Evaluation in phase one, two bidders scored below
70% and were eliminated from the remainder of the process. The table below summarizes
the scores of the remaining qualified bidders:
PROPOSER
TECHNICAL
EVALUATION
— MAX 1800
COST REVIEW
(ANNUAL COST)
— MAX 1200
TOTAL
SCORE
OVERALL
RANK
Advantage Mailing LLC
1525
1200.00
2725.00
1
Mittera
1440
748.95
2188.95
2
The Dot Corp
1295
435.21
1730.21
3
Staff recommends awarding the contract to Advantage Mailing LLC, the top -ranked
proposer in the RFP process. Its proposal of $89,304.88 annually, offers significant cost
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Approval and Award of Printing Services Agreement for
Newport Navigator Magazine with Advantage Mailing LLC
August 26, 2025
Page 3
savings compared to other submissions and the City's current annual expenditure of
$133,287.03. The proposed five-year contract totals $521,544.91 and includes an annual
3% CPI adjustment, along with a 10% contingency to accommodate potential changes in
the City's quantity, page count or specification needs.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this purchase. It will be expensed to
the RSS Administration, City Printing account in the Recreation & Senior Services
Department, 01070005-841006.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Contract Agreement for Printing Services
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/_1 i r_TS]:I ►yi 14 Z 11 r_1
PROFESSIONAL SERVICES AGREEMENT
WITH ADVANTAGE MAILING, LLC FOR
PRODUCTION OF NEWPORT NAVIGATOR BROCHURES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 26th day of August, 2025 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ADVANTAGE MAILING, LLC, a Delaware limited liability company ("Consultant"),
whose address is 1600 N. Kraemer Blvd, Anaheim, CA 92806, and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide production of Newport Navigator
Brochures ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2030, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
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completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred Twenty One
Thousand Five Hundred Forty Four Dollars and 91/100 ($521,544.91), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Chase Shoemaker to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Recreation & Senior Services
Department. City's Recreation & Senior Services Manager or designee shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of .God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
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service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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a•
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
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19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement.for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
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24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Recreation & Senior Services Director
Recreation & Senior Services
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Chase Shoemaker
Advantage Mailing, LLC
1600 N. Kraemer Blvd
Anaheim, CA 92806
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
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Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and .the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
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28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Ec
By:
rt
Y
Aar n C. Harp �o tih
Ci y Attorney Av-
ATTEST:
Date:
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Joe Stapleton
Mayor
CONSULTANT: ADVANTAGE MAILING,
LLC, a Delaware limited liability company
Date:
By:
Thomas C. Ling
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A -- Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
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SCOPE OF SERVICES
The Newport Navigator is a magazine published quarterly containing the most current
recreational class offerings by the City. The Newport Navigator is also produced in a fully
interactive digital format. This Project shall entail the printed and digital versions of the
Newport Navigator and the printed version of the Summer Camp Brochure.
1. Navigator Magazine Specifications — Printed Version
Unless otherwise stated, the following specifications shall apply to all editions (Fall,
Winter, Spring, Summer, etc.) of the Newport Navigator.:
a. DETAIL:
Cover: 4 PGS. Printed as 514 - 4 color + UV Gloss on OFC & OBC 14 color
Text Pages: 72 & 96 PGS, all 4/color
Cover Stock: 100 #3 FSC - Gloss
Text Stock: At least 45 #3 FSC — Gloss
Final Trim Size: 8.125" x 10.875"
b. BINDING:
Score cover, Fold, Saddle Stitch & Trim to final size, prepare for EDDM
c. INKS:
CMYK 4/Color Process Inks — Please stipulate if Soy or Vegetable inks are
used.
d. APPROXIMATE NUMBER OF PAGES FOR EACH BROCHURE:
Fall: 72 inside + 4 cover
Winter: 72 inside + 4 cover
Spring: 72 inside + 4 cover
Summer: 96 inside + 4 cover
2. Delivery and Postage
As part of the layout/design that will be provided by the City, the Presorted Standard
Postage permit is provided by the City of Newport Beach. Contractor shall print this
on the back of the Navigator and the post office will distribute. No individual
addressing is required. Contractor is to manage EDDM list each season and ensure
29-16
correct quantity. Approximately 42,000 will be delivered each quarter to the Newport
Beach post office at 1133 Camelback St., Newport Beach, CA 92658.
3. Navigator Magazine Specifications — Digital „Version
Contractor shall also produce an electronic version of the quarterly Newport
Navigator, plus one annual edition of a Summer Camp Brochure in the form of a
"digital file." The Contractor shall post the digital file to their own web server and
host the file. This file should be fully interactive with the ability to embed hyperlinks
within. The City will link to it in all of its advertising for the Navigator. As the City
links to an external website, Contractor must have the ability to produce this digital
version, in compliance with all Americans with Disability Act (ADA) standards for
website accessibility.
Scope of Services
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RESPONSE FILE
QUALIFICATIONS AND EXPERIENCE OF THE FIRM
Advantage ColorGraphics has been in business since 1994 and has
been a leader in the printing and mailing industry since inception. We are a
full service printing and mailing operation located in Anaheim, CA housing the
latest technology and equipment to provide all necessary services in house.
Our state of the art web printing presses, finishing and binding equipment,
and mailing equipment allow us to efficiently produce publications such as
the Newport Navigator from beginning to end in house without the need to
outsource any required services. We also have an onsite USPS postal
representative that allows us to verify all USPS mail onsite prior to entering at
the required Post Office.
QUALIFICATIONS AND EXPERIENCE OF KEY. PERSONNEL
I, Chase Shoemaker have been in the printing industry since 1990, and
have vast qualifications and experience in all aspects of the industry. I have
held numerous job titles and responsibilities throughout my career, working
my way up to General Manager at Advanced Web Offset in San Diego, CA.
Just over two years ago, Advantage ColorGraphics acquired Advanced Web
Offset. Seeing myvalue and understanding of the business, I was brought on
board with Advantage ColorGraphics to play integral roles in the operation.
I, Chase Shoemaker will be the primary point of contact for the City of
Newport, and can be reached anytime of the day or night as needed. I work
closely with Andy Perez, our General Manager, Ken Beck, our Plant Manager,
as well as the leads in Pre -press, Bindery, Finishing, Mailing, as well as
Dispatch.
We will handle all aspects of this project "Newport Navigator" in house
from beginning to end without the need to outsource any process through
subcontractors.
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REFERENCES / RECENT PROJECT HISTORY
1) City of Dana Point— Lookout Magazine. Partnering with the City of
Dana Point since 2014, we handle the printing, binding, and mailing
services for the Lookout Magazine which has very similar needs as
the Newport Navigator.
2) City of Santa Ana —Cultura Magazine. Partnering with the City of
Santa Ana since 2022, we handle the printing, binding, and mailing
services for the Cultura Magazine which has very similar needs as
the Newport Navigator.
3) City of Vista —Vista. Magazine. Partnering with the City of Vista since
2018, we handle the printing, binding, and mailing services for the
Vista Magazine which has very similar needs as the Newport
Navigator.
SUBMITTAL CHECKLIST AND PROPOSAL FORMAT
1) Experience of at least five (5) years in producing magazines of at
least 70 pages.
-Carlsbad Magazine
-Palm Springs International Film Festival Program
-San Diego Eldercare Directory
-O'sider Magazine
-San Diego ComicCon Events Guide
-Anaheim WonderCon Events Guide
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2) Experience in producing and hosting at least 5 digital online
magazines / brochures.
- https://fbs.advantageinc.com/deserthealthnews/novdec2024/
- https://fbs.advantageinc.com/desertcharitiesnews/womeninphiii
anth rQpy/oct-nov-dec2024/
- https://fbs.advantage*nc.com/cartsbadmagazine/mara r2n 024/
(more available upon request if desired)
3) Experience in printing at least five (5) magazines / brochures
involving usage of a pre-sorted standard postage permit.
-City of Dana Point Lookout Magazine
-City of Santa Ana Cultura Magazine
-City of Vista, Vista Magazine
-Southwestern College Con't Education Brochures
-J Connections Magazine
(more available upon request if desired)
METED OF APPROACH / PROJECT APPROACH
-All printing will be performed in house on one of our multiple offset
presses. No outsourcing will be done. Once all proofs have been reviewed
and approved by the "City", we will print all pages of Newport Navigator on
our offset presses consecutively back to back until complete.
-Proofing process will be done online. A link to the processed file /
artwork will be sent to the "City" for review and approval. Shall any changes /
corrections need to be made by the "City", new files) will be sent by the
"City" in which we will process and send a new link for digital proofs reflecting
the changes to the "City" for final review / approval.
-Advantage ColorGraphics is located centrally in Anaheim, CA off the 91
freeway between the 55 and 57 freeways. We have easy and quick access to
deliver with our fleet of trucks to the Newport Beach P.O. and Civic Center.
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-Advantage ColorGraphics has provided pricing for the Newport
Navigator to be printed on 100# Gloss Book #3 (Grade 3) for the covers and
45# Gloss Book#3 (Grade 3) for the interior pages per the City's request.
Grade 4 or 5 paper stock can be provided for a cost savings shall the City want
to explore these options. Our 4-C Process Inks are vegetable -based,
specifically linseed -based.
-Advantage ColorGraphics will have no concern meeting the City of
Newport Beach required production timeline for the Newport Navigator. We
will complete all printing, binding, mailing services and delivery to the
Newport Beach Post Office and Civic Center within 1 week of final proof
approval from "City" staff.
-Advantage ColorGraphics has a full in house mailing department that
works directlywith the USPS to obtain accurate mailing list quantities. All
mailing software, processes and procedures are USPS approved and are
consistently updated per USPS regulations as needed. We have daily USPS
onsite verification through an onsite USPS representative who reviews all
mailing parameters and requirements to ensure accuracy. Any discrepancies
resulting in a high number of undelivered pieces are addressed with our
dedicated USPS representative onsite here at Advantage ColorGraphics.
29-21
EXHIBIT B
SCHEDULE OF BILLING RATES
Advantage Mailing, LLC Page B-1 29.22
SCHEDULE OF BILLING RATES
Newport Navigator
Printed Version
Printed Version
DIGITAL
Edition
Per Issue with FSC
Per Issue without
VERSION
Paper
FSC Paper
Fall:
$21,193.05
$20,981.01
72 pages inside + 4 page
Included
cover Approx 42,000
per issue
per issue
Winter:
$21,193.05
$20,981.01
72 pages inside + 4 page
Included
cover Approx 42,000
per issue
per issue
Spring:
$21,193.05
$20,981.01
72 pages inside + 4 page
Included
cover Approx 42,000
per issue
per issue
Summer:
$23,845.73
$23,592.67
96 pages inside + 4 page
Included
cover Approx 42,000
per issue
per issue
Summer Camp Digital
Digital Only
Digital Only
$150
Brochure
Mail List Data
$85.00
$85
Preparation
per issue
per issue
Complete Preparation of
$235
$235
EDOM
per issue
per issue
Delivery to Newport
Beach Post Office:
$150
$150
1133 Camelback St,
per issue
per issue
Newport Beach, CA 92658
Total Annual Cost
$89,304.88
$88,415.70
$150.00
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2025-26
$89,304.88
2026-27 (+ 3%)
$91,984.03
2027-28 (+ 3%)
$94,743.55
2028-29 (+ 3%)
$97,585.86
2029-30 (+ 3%)
$100,513.40
Subtotal
$474,131.74
10% Contingency $47,413.17
Total (5 Years) Not to Exceed $521,544.91
29-24
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident. -
Advantage Mailing, LLC Page C-1 29.25
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subro action. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be fled with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Advantage Mailing, LLC Page C-2
29-26
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide_ and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Advantage Mailing, LLC Page C-3
29-27
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Advantage Mailing, LLC Page C-4
29-28