HomeMy WebLinkAbout2001-10-02; City Council; 16382; Publication & Purchase Of Carlsbad History BookP
9 0
if
%
. .
g
2 -I
G
5
s
CITY OF CARLSBAD -AGENDA BILL
AB# k’r30d TITLE- APPROVAL OF CONTRACT WITH THE DONNING
MTG. 10-2-01 COMPANY PUBLISHERS FOR THE PUBLICATION AND
PURCHASE OF A CARLSBAD HISTORY BOOK AND
DEPT. LIB APPROPRIATING THE FUNDS.
RECOMMENDED ACTION:
Adopt Resolution No. JOOI-3OY approving a contract with the
Donning Company Publishers for the publication and purchase of 3000 copies of a book on
the history of the City of Carlsbad, appropriating $54270.00 from the City Council’s
Contingency Fund in the General Fund, and increasing the revenue estimates by a like
amount.
ITEM EXPLANATION:
July 16, 2002, will mark the 50th Anniversary of the incorporation of the City of Carlsbad.
To help celebrate that event, a history of the City since incorporation in 1952 is being
written. Susan Gutierrez, a library staff member, is writing the book with the assistance of
Geoff Armour, Assistant Library Director.
The Donning Company Publishers, a leading publisher of pictorial histories, has been
chosen to publish the book. Since the early 1970’s, the company has published over 600
titles, including histories of Encinitas and Oceanside within the past two years. Based on
the Donning Company’s performance and quality of product the Purchasing Officer has
waived the requirement for multiple proposals.
Marketing and promotion of the book will begin in January 2002. This pre-publication sale
of the book will be at a discounted price. Pre-publication price will be $20.00, plus sales tax
of $1.50, for a total of $21.50; after publication price will be $26.00, plus sales tax of $1.95,
for a total cost of $27.95. Cost per book to the City is $18.09 for a press run of 3,000
copies,
The book will be 8 ‘/ by 11 inches in size and will contain 160 pages. The text will be
approximately 30,000 words, with 230 photos.
The Capital Bank of North County has committed to be a sponsor of the book and will
advance the required 25% down payment of $13,567.50, which will be reimbursed from the
proceeds of the sale of the book. The balance of $40,702.50 is due 30 days after
publication in June 2002, for a total cost of $54,270.00.
FISCAL IMPACT:
Staff is requesting Council to appropriate the total $54,270 cost. The publishing company
will be paid $40,702.50 in June 2002, and the remaining $13,567.50 will be paid to Capital
Bank of North County as the books are sold. The appropriation will be offset by estimated
revenue of a like amount. Staff anticipates that most of the books will be sold so the net
cost to the General Fund should be minimal.
//I
13 \
PAGE 2 OFAGENDA BILL NO. ld,37Q-
EXHIBITS:
1. Resolution No. ~ooi-3c%- approving a contract with the
Donning Company Publishers for the publication and purchase of 3000 copies of a book on
the history of the City of Carlsbad, appropriating $54,270.00 from the City Councils’
Contingency Fund in the General Fund, and increasing the revenue estimates by a like
amount.
2. Publishing Contract between the City of Carlsbad and The Donning Company Publishers
for the history book.
1
;
': .
L
c b
E
7
e
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT #l
RESOLUTION NO. 2001-308
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A CONTRACT WITH THE DONNING COMPANY
PUBLISHERS FOR THE PUBLICATION AND PURCHASE OF A
CARLSBAD HISTORY BOOK AND APPROPRIATING THE FUNDS.
WHEREAS, The City of Carlsbad will celebrate fifty years of incorporation on
July 16, 2002; and
WHEREAS, to help celebrate that event, a history of the City since incorporation
is being written by Susan Gutierrez, a library staff member, with the assistance of Geoff
Armour, Assistant Library Director; and
WHEREAS, the Purchasing Officer has waived the requirement for multiple
proposals and the Donning Company Publishers, a leading publisher of pictorial
histories, has been chosen to publish the book for a total cost of $54,270.00; and
WHEREAS, The Capital Bank of North County has committed to be a sponsor of
the book and will advance the required 25% down payment of $13,567.50 for a press
run of 3,000 copies; and
WHEREAS, the marketing and promotion of the book will begin in January 2002
lrvith a pre-publication discounted price of $20.00, plus sales tax of $1.50, for a total of
$21.50. The after publication price will be $26.00, plus sales tax of $1.95, for a total
cost of $27.95. Cost per book to the City is $18.09; and
WHEREAS, the proceeds from the pre-publication sale of the book will be used
to reimburse the sponsor, Capital Bank of North County for the $13,567.50 down
payment, and to offset some or all of the City’s costs of publication ($40,702.50). Sales
after publication will be used to cover the remaining cost to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the publishing contract for the book with The Donning Company
?ublishers is hereby approved and the Mayor is authorized to execute said contract
‘II
‘If
‘Ii
‘a
1
;
c .
L
c h
E
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PAGE 2 of RESOLUTION NO. 2001-308
3. That the City Council hereby authorizes the appropriation of $54,270.00 from
their Contingency Fund in the General Fund to cover the costs of the book and
increases the revenue estimates by a like amount.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 2nd day of October 2001,
by the following vote, to wit:
AYES: Council Members Lewis, FinniJa, Nygaard, Hall
NOES: None
ABSENT: Council Member Kulch
(SEAL)
‘.
4
Publishing Contract
Carlsbad, CA
This agreement entered into this Lflc) day of OC76 B&3 ,2001, between
The Citv of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Contact: Cliff
Lange 760-602-2010 (hereinafter referred to as the City), Capital Bank of North County,
2602 El Camino Real, Carlsbad, CA 92008 (hereinafter referred to as Sponsor), and
The Donning Company Publishers, 184 Business Park Drive, Suite 106, Virginia Beach,
VA 23462, (hereinafter referred to as Publisher) concerning the publication and
purchase of the edition of Carlsbad, CA: A Pictorial History (working title) (hereinafter
referred to as Book).
1. The City agrees to purchase 3,000 copies of Book at $18.09, for a total project cost
of $54,270. A deposit of $13,567.50 will be underwritten by the Sponsor within thirty
(30) days after Publisher’s acceptance of the City’s manuscript in accordance with
paragraph 2 below. The City will pay the remainder of $40,702.50 within thirty (30)
days from the date of delivery of the Books. All charges for delivery of the Books
through normal shipping channels will be paid by the City.
2. The Sponsor is underwriting the twenty-five percent (25%) deposit for the Book by
providing a 0%, 18-month loan to Publisher. The loan will be repaid to Sponsor by the
City from the Book sale proceeds. If for any reason, at the end of eighteen (18 ) months
the loan is not repaid to Sponsor, the City will reimburse Sponsor with copies of the
Book. For purposes of determining the number of copies of the Book to be provided as
reimbursement, the Book’s value will be $18.09 each.
3. At the City’s option, and if requested and approved by the City Manager, the City
may obtain an additional 1,000 copies of Book, in increments of 1,000, at $14.85 per
copy. The City agrees to pay for the additional copies no later than thirty (30) days from
the date of delivery, which shall occur no later than ninety (90) davs after the order for
the additional copies is placed with Publisher.
4. Overruns and underruns not to exceed five percent (5%) on quantities ordered shall
constitute acceptable delivery. Underruns will be credited in the full amount of unit cost.
Overruns shall be billed for actual quantity delivered at sixty percent (60%) of unit cost.
5. Title to the manuscript and all rights under the Copyright Act of 1916(17U.S.C.~~101
et seq.) belong to the City. The City will have complete exclusive on the sale of Book.
6. Book is scheduled for shipment to the City six (6) months after Publisher’s receipt of
an acceptable and complete manuscript. Publisher expects to receive manuscript,
including text, captions, photographs, and cover material by December 1, 2001 and ship
Book to the City on or about June 1, 2002. Both parties acknowledge that unforeseen
delays may occur without fault of either party due to delays in manuscript delivery,
production, and the printing and binding stages of said Book. However, the City will not
be obligated to purchase any copies of Book if delivery of Book occurs after Julv 15,
2002.
7. Publisher agrees to provide news releases and camera-ready artwork, per the City’s
request, for brochures, inserts, posters, post cards, and display advertising. Publisher
will provide one set of camera-ready artwork per book proiect of film; zip disk, or rapid
contrast paper (RC) output (slicks). Publisher agrees to provide services in creating
marketing strategies and planning for the promotional campaign at no additional cost to
the City.
8. Publisher agrees to arrange for replacement of any books that are torn or damaged,
other than by shipper, improperly printed or bound, or otherwise of a patently inferior
quality of materials, to a degree which render them unsaleable. Publisher cannot be
responsible for books damaged in shipment, in which case the City must make claim
directly against shipper.
9. Book Specifications:
Book to be no more than 160 pages
8-l/2 x 11 inches
Printed on 80# high gloss enamef (MOE) or 80# Matte (Moistrite Matte) Book
to contain no more than 210 black & white photos and 20 color
photographs (color within two (8)eight page flats)
Binding: Smyth sewn, casebound, head & foot bands
Text copy, which includes captions, to contain no more than 30,000 words
120-point binders board
End sheets to be printed in black and the same for back and front
Skivertex cover - Gold or silver hot foil stamping on cover and spine
Four-cojor film laminated dust cover with one color separation
10. Option to Specifications:
Leather bound copies of Book with matching slipcases are availabte to the City at
$25.00 above cost per copy, with a minimum order of twenty-five (25). Books may be
personally embossed for $2.50 for each line, two line maximum. The City’s order must
be placed eight weeks prior to the printing stage of production. Increase in order size
should be placed eight (8) weeks prior to the printing stage of production.
11. This agreement may be terminated by the City upon tendering thirty (30) days’
notice to the other parties. In this event, the Publisher must assemble and deliver all
work in progress to the City. The Publisher will be paid for work performed prior to the
termination date; however, the total may not exceed the amounts specified above. The
City Manager will make the final determination as to the portion of work completed and
the amount of compensation to be paid.
12. Any dispute arising out of this agreement shall be governed by the laws of the state
of California, and the proper venue and jurisdiction for resolution of any such disputes
is San Diego County, California.
13. The Publisher may not assign this agreement or any monies due under it, in whole
or in part, without the prior written consent of the City.
2
14. This agreement, together with any other written document referred to or
contemplated by it, along with the purchase order for this agreement and its previsions,
embody the entire agreement and understanding between the parties relating to the
subject matter of the agreement. In case of conflict, the terms of the agreement
supersede the purchase order. Neither this agreement nor any provision within it may
be amended, modified, waived or discharged except by a writing signed by both parties.
In witness whereof the parties have executed this agreement the day and year first
above written:
This agreement was made this day of , 2001.
lwint name/title~
. - r&q (?T rt. ,-. !f . Wf Fkandat Offleer (print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If
Corooration, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.: Chairman, President or Vice-President
**Group B.: Secretary, Assistant Secretary, CFO or Assistant Treasurer
Otherwise, the corporation & attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPRO
Y
ED AS TO FORM:
RONAL R. BALL, City Attorney 4fil&s-
3
kv GELA D. WARNER
Notary Public - Notary Seal
STATE OF MISSOURI Linn County
My Commission Exph: Nov. I2,2MI2
1 STATE OF CALIFORNIA }ss. COUNTY OF n-i&b 1
On 5Lk&xf W $ss3 , before me, &A ILsmifT , I personally appeared brpl k A * \ 3 1st 2% ai * \ ? personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)-&$&
subscribed to the within instrument and acknowledged to me that h&she 0 hey , ecuted the same
thorized capacity(ies), and that by bi&be&@ignature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand
Signature
CARIA INDRIERI
L commwon#11~
(This area for official notarial seal)
Title of Document bi, ;A-& I cQb& LQQ Lb .
Date of Document No. of Pages y
Other signatures not acknowledged -
3008 (l/94) (General)
First American Title Insurance Company