Title
Recreation Department Program Guide Contract Termination Approval
History
In October 2014, the Village entered into a contract with JSS Co. for the printing of the Recreation guides through 2017. Recently, the Recreation Department has experienced two separate occasions when John S. Swift Co., Inc. has failed to honor the Contract specifications. These issues involved the print products for the (1) 2016 Summer Entertainment Guide, and (2) the 2017 Winter/Spring Program Guide.
(1) At the time of print for the 2016 Summer Entertainment Guide, JSS Company unilaterally, and without notice to the Village staff, used a non-specified grade of paper for the Guide. Village staff noticed the difference in paper quality once the guides were received and, when approached about the issue, the Company representative claimed the change was made by their purchaser on advice that the specified grade of paper may not be available in time for printing, and took the position that the substituted paper was of a better grade. As a result, after negotiations with JSS Company, a credit of $1,000.00 was applied to the $5,296.00 invoice. Although the Village received no complaints regarding the paper used, Village staff felt the paper was of a poorer quality as it allowed “bleed through” of the printing from the reverse side of each page.
(2) Regarding the 2017 Winter/Spring Program Guide, the contract required delivery to the Orland Park post office by November 21, 2016. Village staff e-mailed delivery deadlines to the company. Nonetheless, when staff contacted the JSS to confirm delivery to the post office, they were informed (for the first time) that the company was experiencing a “production issue” and the deadline would not be met. Delivery was then promised by December 1 (over a week late). Village staff and Village Attorney contacted JSS Company to advise that this was not acceptable and that the JSS must undertake all efforts to deliver the guides to the post office no later than November 28. Daily updates were sought by the staff from JSS Company and delivery to the post office ultimately occurred on December 2. Due to this delay, Village staff quickly put together a marketing strategy involving communication to Village residents to convey that the Program Guide was available on-line and resident registration would commence on December 1 and further, as a result of the delay, the Village was extending priority resident registration by an additional five (5) days to December 18 and that non-resident registration was being extended by an additional five (5) days.
Based on the above deficiencies in performance by John S. Swift Co., Inc., staff recommends Village Board authority to terminate the final one year remaining on the Contract term (Legistar File 2014-0601). As these contract deficiencies were not known to Village staff until they occurred, it was not possible to give JSS Company ten (10) days prior Notice to Cure as provided for in the contract. The contract does provide that the Village “for its convenience” may terminate the contract with thirty (30) days prior written notice. Therefore, it is recommended that the thirty (30) days prior written notice of termination be given to the Company.
The Village Recreation Department staff is working in partnership with the PIO and Finance Department to combine the three future publications (the Recreation Program Guide, Orland Park Public and Senior Program Guide) into one RFP to be advertised on January 3, 2017.
Recommended Action/Motion
I move to approve the termination of the final one year remaining on the contract term with John S. Swift Co., Inc.;
And
Thirty (30) days prior written notice of termination is to be given to the Company.