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HomeMy WebLinkAbout117101 VISION GRAPHICS INC - CONTRACT - BID - 6003 MAILING SERVICESSERVICES 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 Vision Graphics, Inc., hereinafter referred to as "Service Provider". WITNESSETH: 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 two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 1, 2007 and shall continue in full force and effect until December 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 the termination date contained in said notice unless otherwise agreed in writing by the parties. All SA 09/01/06 1 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 10 EXHIBIT C PRICE SCHEDULE UTILITY MAILINGS: (See "Scope of Services" for details and approximate quantities.) Price UTILITY BILLS FOLD BILL, INSERT BILL, RETURN ENVELOPE, NEWSLETTER, AND (1) ADDITIONAL INSERT IN ENVELOPE, SEAL, BUNDLE, AND MAIL. $44.00/M ELECTRONIC FUNDS TRANSFER CONFIRMATIONS SAME AS ABOVE WITHOUT RETURN ENVELOPE, SEAL BUNDLE, PRESORT, AND MAIL. $54.00/M DELINQUENCY NOTICES FOLD NOTICE, INSERT WITH REPLY ENVELOPE IN MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, AND MAIL. $54.00/M 2ND DELINQUENCY NOTICES (PINK) FOLD NOTICE, INSERT IN MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, AND MAIL. $54.00/M FINAL UTILITY BILLS FOLD BILL, INSERT WITH RETURN ENVELOPE IN MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, AND MAIL. $54.00/M NEW CUSTOMER LETTERS FOLD PERSONALIZED LETTER, INSERT LETTER AND UTILITY RATE, INSERT INTO MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, AND MAIL. $54.00/M OWNER NOTIFICATION LETTERS FOLD LETTER, INSERT INTO MAILING ENVELOPE, SEAL, BUNDLE, AND MAIL. $54.00/M COURIER SERVICES FOR UTILITY MAILINGS FROM PLATTE RIVER POWER AUTHORITY (PRPA) FACILITY AT 2000 E. HORSETOOTH, FORT COLLINS TO CONTRATOR FACILITY $15.00/Trip FROM PRPA FACILITY TO UTILITY BILLING OFFICE AT 330 S. COLLEGE AVE., FORT COLLINS $15.00/Trip UTILITY BILLING OFFICE TO CONTRACTOR FACILITY $15.00/Trip WAREHOUSING UTILITY MAILINGS COMPONENTS $17.00/ Pallet/Month ADDITIONAL UTILITY MAILINGS INSERTS REQUIRING FOLDING $17.00/M NOT REQUIRING FOLDING $5.00/M 11 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing P.O. Box 580 Fort Collins, CO 80522 Service Provider: Vision Graphics, Inc. Attn: Vannah Martin 5610 Boeing Drive Loveland, CO 80538 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, per the 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 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 SA 09/01 /06 2 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 equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting parry for the non -defaulting party's reasonable attorney fees and costs incurred because SA 09/01 /06 3 J of the default. 13. Bindinq 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. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 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/Severability. 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. SA 09/01/06 4 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the 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. 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. SA 09/01/06 5 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. 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 09/01/06 6 SEA A `�, CITY OF FORT COLLINS, COLORADO a municipal corporation By:Q4�:�li�6� Jam s B O'Neill II, CPPO, FNIGP DirectQr,bf Purchasing and Risk Management Date: 12-0, VIIS ON GR PHI, keo, I C. B : it,, t U ,i ,115 .L� P.i ,S me el — ex Corporate President or Vice President ` Date: 1 t \ �?i 1 Sa 4a (Corporate Seal) SA 09/01 /06 EXHIBIT A SCOPE OF SERVICES General Description: The City of Fort Collins (City) requires regular and periodic mailing services for Utilities and other City department mail pieces. Courier services are also required for pick-up and delivery of components for Utility mailings at the Platte River Power Authority (PRPA) facility, 2000 E. Horsetooth, in Fort Collins or the appropriate City office. Same -day service is required for Utility mailings. Any additional mailing services required will be at the discretion of the responsible City department. Service Provider to supply all labor, equipment and facilities necessary to perform required services. The City bar codes the zip code on utility bills. Approximately 85-90% of the utility bills qualify for the carrier route postage discount under the U S Postal Rate Reclassification effective July 1, 1996. The majority of the utility bills are printed in carrier route sequence. In order for the City to achieve the maximum postage discount available, it is crucial that the Service Provider maintain the bills in this sequence during folding, inserting and sorting operations. The Service Provider will be responsible for the preparation of all documentation required by the Postal Service to obtain the carrier route discount at the time the City bills are presented for mailing and providing City with copy of documentation. Utility Bills and Delinquency Notices will have the City's mailing permit printed on the envelope. Co -mingling of mail with other firm's mail may be considered if is determined to be in the best interest of the City. Otherwise, the City's mail imprint is to be used. Mail that fails to qualify for carrier route rates must be submitted as a separate mailing or co - mingled for 1 st class automation rates. Sorting may be necessary on occasion. The Utility Bills, Delinquency Notices, and Letters will be picked up by the contractor on a scheduled day. Same -day mailing service is required for Utility mailings. If due to an extenuating circumstance this is not possible, the contractor may be allowed to deliver mail to the post office by noon the day following pick-up. In such cases, prior approval must be obtained from the City representative. Envelopes will be supplied by the City. The Service Provider will be responsible for picking up the envelopes for both Owner Notification and New Customer Letters at appropriate City office. Service Provider must coordinate pick-up with City representative. Envelopes for Utility Bills, Delinquency Notices, Final Utility Bills, and Electronic Fund Transfer Confirmations will be dropped shipped from supplier. Service Provider must be able to manipulate palletized supplies, warehouse up to 12 pallets at all times (for regular Utility mailings only), maintain inventory and advise City representative when to re -order. Regular and Periodic Services: Utility Mailinas: 1) Utility Bills: Average number per month is 70,000. Each piece consists of (1) 8-1/2"x11" bill, inserts (average 2 per month), (1) #9 return envelope and (1) #10 mailing envelope. Pick up materials at Platte River Power Authority (PRPA) or the appropriate City office. Bills require folding. Additional inserts usually are pre -folded. Place bill, inserts, and #9 return envelope in the #10 mailing envelope. E Envelope is sealed. Bundle, prepare for carrier route discount, mails on City's postage permit #1, complete the appropriate paperwork, and deliver to post office. Bills must be kept in exact order throughout the process. Provide City with copy of paperwork from Postal Service. 2) Electronic Fund Transfer Confirmation: Average number per month is 8,500. Each piece is same as Utility Bill except without #9 return envelope. Pick up materials at appropriate City office. Process the same as Utility Bills except without #9 return envelope. Bundle, presort to qualify for automated 3 digit rate, complete appropriate paperwork and deliver to post office. 3) Delinquency Notices: Average number per month is 7,500. Each piece consists of (1) 8-1/2"x11" notice, (1) #9 return envelope and (1) #10 mailing envelope. Pick up materials at Platte River Power Authority (PRPA) or appropriate City office. Fold notices. Insert notice and #9 return envelope into #10 mailing envelope. Seal envelope. Bundle, prepare for 1st class automation discount, complete appropriate paperwork and deliver to post office. 4) 2nd Delinquency Notices (Pink): Average number per month is 3,500. Each piece consists of (1) 8-1/2"x11" notice and (1) #10 mailing envelope. Pick up materials at appropriate City office. Fold notices. Insert notice into #10 mailing envelope. Seal envelope. Bundle, prepare for 1st class automation discount, complete appropriate paperwork and deliver to post office. 5) Final Utility Bills: Average number per month is 2,000. Each piece consists of (1) 8-1/2"x11" notice, (1) #9 return envelope and (1) #10 mailing envelope. Pick up materials at appropriate City office. Fold bill. Insert bill and #9 return envelope into #10 mailing envelope. Seal envelope. Bundle, presort to qualify for automated 3 digit rate, complete appropriate paperwork and deliver to post office. 6) Owner Notification Letter: Average number per month is 2,000. Each piece consists of one (1) 8-1/2"x11" personalized letter and (1) #10 window mailing envelope. Pick up materials at appropriate City office. Fold letter and insert into #10 mailing envelope. Bundle, presort to qualify for automated 3 digit rate, complete appropriate paperwork and deliver to post office. 7) New Customer Letter: Mailing of a letter and utility rate brochure throughout the year. Approximately 25,000 mailed per year. Each piece consists of (1) 8-1/2"x11" personalized letter, (1) pre -folded utility rate insert, and (1) #10 window mailing envelope. Pick up materials at City Utility Billing office. Fold letter, insert letter and brochure into envelope, seal. Bundle, prepare for 1st class automation discount, complete appropriate paperwork and deliver to post office. 8) Courier Services: For pick-up and deliver of components for above Utility mailings as required. Possible Additional Mailing Services 1) Miscellaneous Utility and other City Department Mailings: Self -mailing brochures, letter cards and letters at department's discretion E