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HomeMy WebLinkAboutMULTIPLE VENDORS - CONTRACT - BID - 7476 UTILITY BILL PRINTING ENVELOPES PERSONALIZATISERVICES 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 April 15, 2013, and shall continue in full force and effect until April 14, 2014, 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 Service Agreement with Red Flags & Confidentiality - Vision Graphics Inc. 7476 - Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 1 of 12 EXHIBIT B PRICE SCHEDULE (See "Scope of Services' for details and approximate quantities.) PRICE UTILITY BILLS aA FOLD BILL, INSERT BILL, RETURN ENVELOPE, NEWSLETTER, AND $ 444 !M (1) ADDITIONAL INSERT IN ENVELOPE, SEAL, BUNDLE, AND MAIL. ELECTRONIC FUNDS TRANSFER CONFIRMATIONS SAME AS ABOVE WITHOUT RETURN ENVELOPE, SEAL BUNDLE, PRESORT, $ �.� /M AND MAIL. DELINQUENCY NOTICES (PINK) FOLD NOTICE, INSERT IN MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, $ /M AND MAIL. FINAL UTILITY BILLS FOLD BILL, INSERT WITH RETURN ENVELOPE IN MAILING ENVELOPE, $, S�i� (M SEAL, BUNDLE, PRESORT, AND MAIL. NEW CUSTOMER LETTERS co FOLD PERSONALIZED LETTER, INSERT LETTER AND UTILITY RATE, INSERT $ 5 ' /M INTO MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, AND MAIL. OWNER NOTIFICATION LETTERS FOLD LETTER, INSERT INTO MAILING ENVELOPE, SEAL, BUNDLE, AND $ Lj.l� /M MAIL. COURIER SERVICES FOR UTILITY MAILINGS FROM Utilities Customer Service facility located at 117 N. Mason Street, Fort ao $ Collins TO CONTRACTOR FACILITY 17 Rnp WAREHOUSING aG ➢ UTILITY MAILINGS COMPONENTS $ ADDITIONAL UTILITY MAILINGS INSERTS ➢ REQUIRING FOLDING • NOT REQUIRING FOLDING Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 10 of 12 EXHIBIT C 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. 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. Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 11 of 12 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Service Provider shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City's remedies at law for a breach of the Service Provider's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Service Agreement with Red Flags & Confidentiality - Vision Graphics Inc. 7476 - Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 12 of 12 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 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Vision Graphics Inc. Attn: Purchasing Attn: Joanne Agens Attn: Jim Brouillard PO Box 580 PO Box 580 5610 Boeing Drive Fort Collins, CO 80522 Fort Collins, CO 80522 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 "B", 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 Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 2 of 12 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanshiptworkwomanship 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 Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 3 of 12 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 party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 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 C, 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 Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 4 of 12 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the a -Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the a -Verify Program or Department Program procedures to undertake pre -employment screening of job applicants Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 5 of 12 while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 ofreceiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider 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. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 6 of 12 Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO ' ORT a munici corporation F , c N Y U S 1 ; John D. Stephen, CPPO, LEED AP Interim Director of Purchasing and Risk Management •COLORP�O Date: 66 ATTEST - City Clerk CORPORATE SECRETARY Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services SIDENT Page 7 of 12 EXHBIT A SCOPE OF SERVICES Mailing Services General Requirements: The City of Fort Collins (City) requires regular and periodic mailing services for Utilities mail pieces. Courier services are also required for pick-up and delivery of components for Utility mailings at the Utilities Customer Service facility located at 117 N. Mason Street, Fort Collins, CO 80524. 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 utility 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 1st class automation rates. Sorting may be necessary on occasion. The Utility Bills, Delinquency Notices, and Letters will be picked up by the vendor on a scheduled day. Same -day mailing service is required for Utility mailings. If due to an extenuating circumstance this is not possible, the vendor 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 twelve (12) pallets at all times (for regular Utility mailings only), maintain inventory and advise City representative when to re -order. One (1) pickup per day at Utilities Customer Service facility located at 117 N Mason Street in Fort Collins and deliver to the mail services processing center currently located in Loveland, CO. Specific Requirements - Regular and Periodic Utility Mailings: 1) Utility Bills: Average number per month is 53,000 Each piece consists of (1) 8-1/2"x11" bill, inserts (average 2 per month), (1) #9 return envelope and (1) #10 mailing envelope. Pickup materials at the Utilities Customer Service facility located at 117 N. Mason Street, Fort Collins, CO 80524. Bills require folding. Additional inserts usually are pre -folded. Place bill, inserts, and #9 return envelope in the #10 mailing envelope. Service Agreement with Red Flags & Confidentiality — Vision Graphics Inc. 7476 — Utility Bill Printing, Envelopes, Personalization & Mailing Services Page 8 of 12 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 6,000. Each piece is same as Utility Bill except without #9 return envelope. Pick up materials at the Utilities Customer Service facility located at 117 N. Mason Street, Fort Collins, CO 80524. 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) Delinguencv Notices (Pink): Average number per month is 5,000. Each piece consists of (1) 8-1/2"x11" notice and (1) #10 mailing envelope. Pick up materials at the Utilities Customer Service facility located at 117 N. Mason Street, Fort Collins, CO 80524. 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. 4) Final Utility Bills: Average number per month is 1,500. Each piece consists of (1) 8-1/20x11" notice, (1) #9 return envelope and (1) #10 mailing envelope. Pick up materials at the Utilities Customer Service facility located at 117 N. Mason Street, Fort Collins, CO 80524. 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. 5) 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 the Utilities Customer Service facility located at 117 N. Mason Street, Fort Collins, CO 80524. 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. 6) New Customer Letter: Approximately number per year: 25,000 Mailing of a letter and utility rate brochure throughout the 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. 7) Courier Services: For pick-up and delivery of components for above Utility mailings as required. All bills, notices, and letters are printed at Utilities Customer Service facility located at 117 N. Mason Street, Fort Collins, CO 80524. One (1) pick-up per day to deliver to the processing center. Possible Additional Mailing Services: 1) Miscellaneous Utility and other City Department Mailings: Self -mailing brochures, letter cards, and letters at department's discretion. Service Agreement with Red Flags 8 Confidentiality - Vision Graphics Inc. 7476 - Utility Bill Printing, Envelopes, Personalization 8 Mailing Services Page 9 of 12