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HomeMy WebLinkAboutBID - 7476 UTILITY BILL PRINTING ENVELOPES PERSONALIZATION & MAILING SERVICES (3)BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 1 of 24 INVITATION TO BID 7476 UTILITY BILL PRINTING, ENVELOPES, IMAGING, AND MAILING SERVICES BID OPENING: 3:00 P.M. (our clock), March 21, 2013 The City of Fort Collins is requesting bids from qualified firms for Utility Bill form printing, envelopes, imaging (adding variable data), envelopes, and mailing services. Please supply price and delivery information per the below referenced specifications. Also, requesting bids from qualified firms to handle the entire Utility Bill process. Sealed bids will be received and publicly opened at the office of the City of Fort Collins Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80522 at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the City Purchasing Office prior to 3:00 p.m. (our clock), March 21, 2013. The city encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on grounds of race, color, national origin. Questions concerning the scope of the bid should be directed to Project Manager, Joanne Agens, at (970) 221-6781, or e-mail at jagens@fcgov.com Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer at (970) 416-2191 or email at dcarey@fcgov.com The deadline for submitting questions is Tuesday, March 12, 2013. Email preferred. Proposals must be submitted on the Bid Forms bound herein. All items within any single group must be bid in their entirety (no partial group bids will be accepted). The City of Fort Collins reserves the right to use this bid for like or similar jobs. A copy of the Bid may be obtained as follows: 1. Download the Bid from the City Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 2 of 24 firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office for 7 days after the bid opening. James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management City of Fort Collins BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 3 of 24 EXHIBIT “A” SCOPE OF SERVICES GENERAL INFORMATION: Vendors may bid on all or specific bid groups of products or services. The City may elect to split bid award on an individual item/group basis or award to a single vendor on a total bid basis, whichever is most beneficial to the City. In addition, at the option of the City, the Services Agreement with selected vendor(s) may be extended for additional one-year periods not to exceed four (4) additional one-year periods. If selected, Vendor must enter into Services Agreement (see attached sample) and provide and maintain insurance coverage naming the City as an additional insured. SPECIFICATIONS: Pre-Printed Utility Bill Form • Total annual quantity: 660,000 • Form Size: 8-½ x 11 (long grain) • Stock: 60# Finch opaque smooth laser finish bright white, FSC certified, 0% recycled content • Printing: 2/2, PMS 301 and black, no bleeds • Inks: Use soy or vegetable-based with low Volatile Organic Compounds (VOC) of less than 3% • Finishing: Horizontal micro perforation at 8" on dashed line • Packing: Box with the printed front side up Must indicate if items bid meet or exceed the above specifications without exception. Vendor shall assist in design of the final form for layout, perforation, and folding. Submit separate bid on the Bid Form provided if able to quote job using a similar or equivalent FSC certified stock with a minimum of 30% post-consumer recycled content, elemental chlorine- free (ECF) Printing & Delivery Schedule: • Three (3) times per year. • Quantity of 220,000 each. Blank forms to be delivered to current City facility where variable data is added for all bills, notices, and letters: City of Fort Collins-Utilities Customer Service 117 N Mason Street Fort Collins, CO 80524 INSIDE delivery required, NO dock, regular size doors. Sample of existing Pre-Printed Bid Form available upon request. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 4 of 24 BID FORM 7476 UTILITY BILL PRINTING, ENVELOPES, IMAGING, AND MAILING SERVICES PRE-PRINTED UTILITY BILL FORM (See “Scope of Services” for details and approximate quantities.) PRICE PRE-PRINTED UTILITY BILL FORM: (FSC Certified Stock, 0% post-consumer recycled content) $ /M PRE-PRINTED UTILITY BILL FORM- (FSC Certified Stock, minimum of 30% post-consumer recycled content, elemental chlorine-free (ECF). $ /M Meet or exceed the above specifications without exception. YES _____ NO _____ Will City representative(s) be allowed to inspect your facility, if requested? YES _____ NO _____ ENTERED BY: FIRM NAME: ___________________________________________ (Are you a Corporation, Partnership, DBA, LLC, or PC?) SIGNATURE: ___________________________________________ PRINT NAME: __________________________________________ TITLE: ________________________________________________ ADDRESS______________________________________________ ______________________________________________ PHONE: _____________________ FAX: _____________________ E-MAIL: ________________________________________________ BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 5 of 24 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. Pick up 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. 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. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 6 of 24 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) Delinquency 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) 8-1/2”x11” 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. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 7 of 24 BID FORM 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. $ /M ELECTRONIC FUNDS TRANSFER CONFIRMATIONS SAME AS ABOVE WITHOUT RETURN ENVELOPE, SEAL BUNDLE, PRESORT, AND MAIL. $ /M DELINQUENCY NOTICES (PINK) FOLD NOTICE, INSERT IN MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, AND MAIL. $ /M FINAL UTILITY BILLS FOLD BILL, INSERT WITH RETURN ENVELOPE IN MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, AND MAIL. $ /M NEW CUSTOMER LETTERS FOLD PERSONALIZED LETTER, INSERT LETTER AND UTILITY RATE, INSERT INTO MAILING ENVELOPE, SEAL, BUNDLE, PRESORT, AND MAIL. $ /M OWNER NOTIFICATION LETTERS FOLD LETTER, INSERT INTO MAILING ENVELOPE, SEAL, BUNDLE, AND MAIL. $ /M COURIER SERVICES FOR UTILITY MAILINGS FROM Utilities Customer Service facility located at 117 N. Mason Street, Fort Collins TO CONTRACTOR FACILITY $ /Trip WAREHOUSING  UTILITY MAILINGS COMPONENTS $ / Pallet/Month ADDITIONAL UTILITY MAILINGS INSERTS  REQUIRING FOLDING $ /M  NOT REQUIRING FOLDING $ /M BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 8 of 24 Attach brief explanation of how your firm will ensure that deadline is met when same-day mailing service is required. Meet or exceed the above specifications without exception. YES _____ NO _____ Will City representative(s) be allowed to inspect your facility, if requested? YES _____ NO _____ ENTERED BY: FIRM NAME: ___________________________________________ (Are you a Corporation, Partnership, DBA, LLC, or PC?) SIGNATURE: ___________________________________________ PRINT NAME: __________________________________________ TITLE: ________________________________________________ ADDRESS______________________________________________ ______________________________________________ PHONE: _____________________ FAX: _____________________ E-MAIL: ________________________________________________ BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 9 of 24 ENVELOPES The City of Fort Collins (City) is seeking bids from qualified firms to provide printed envelopes for regular and periodic mailings for Utilities Customer Service. Additional printed envelopes may be required for miscellaneous Utilities and other City department mailings. Envelope samples available upon request. Envelope Specifications: General: • Envelopes are to be #24 white wove, non-recycled (except as noted). • All envelopes are to have re-moistenable seal gum on flap. • All printing will be one (1) color-black, flexographic. • Inks: Use soy or vegetable-based with low Volatile Organic Compounds (VOC) of less than 3% • Envelopes must be open side, side seam (OSSS) construction. • For mechanical insertion. • Must be compatible with automated inserting equipment at City’s Mailing Services provider. Must indicate if items bid meet or exceed the above specifications without exception. Submit separate bid on the Bid Form provided if able to quote job using a similar or equivalent recycled paper stock that is minimum of 30% post-consumer recycled content, elemental chlorine-free (ECF). For Utilities Customer Service: 1) #9 Return Special Window Envelope: > Used for Utility Bill payments. Open side, side seam (OSSS) construction, glassine window, window placement 4 11/16” from left, 1” from bottom. Window size is 3” x 1 ½”. Bar coding underneath window. Return address in top left-hand corner on front; “Place Postage stamp here” in top right-hand corner. City of Fort Collins Utilities logo printed on back flap, “Important” message printed on back panel. Printed on both front and back panels. 2) #10 Presorted Return Service Envelopes: > Used for Final Utility Bills Open side, side seam (OSSS) construction, glassine window, window placement 4 11/16” from left, 1” from bottom. Window size is 3” x 1 ½”. Bar coding underneath window. Return address in top left-hand corner on front; presorted information in top right-hand corner on front side. City of Fort Collins Utilities logo printed on back flap. Printed on both front and back panels. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 10 of 24 3) #10 Regular Return Service Envelopes: > Used for Electronic Fund Transfer Confirmation, Owner Notification Letter, New Customer Letter, and Special Letter Mailings. Same construction as #10 Presorted Return Envelope; except no presorted information. Printed on front panel only. ORDER QUANTITIES (ESTIMATED ANNUAL): • Utilities #9 Return Envelope w/ Custom Window: 450,000 • Utilities #10 Bill Envelope w/ Indecia and Custom Window: 500,000 • Utilities #10 Bill Envelope w/o Indecia and w/ Custom Window: 200,000 Miscellaneous Requirements: All prices are to be quoted as delivered to City’s mailing services provider currently located in Loveland, CO 80538. The Bid award is based on selected vendor producing the entire quantity of each individual envelope; delivering the first half of the order to City’s mailing services provider as directed, and storing the second half of the order for delivery as needed. City’s mailing services provider does not currently have the capability to store the entire run of each envelope type. However, the City reserves the right to negotiate a reduced price, should City’s mailing services provider develop the capability to store the entire run of each envelope type. Vendor will make themselves available to help trouble-shoot any processing problems that may arise in the processing of envelopes supplied to the City of Fort Collins. Vendor will also lend their expertise to the resolution of any problems involving the processing of envelopes supplied by the U.S. Postal Service, on behalf of the City of Fort Collins. All envelopes are to have permanent adhesive on flaps that will stay together as envelopes are processed in automated inserting equipment. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 11 of 24 BID FORM UTILITY ENVELOPES (See “Scope of Services” for details and approximate quantities.) PRICE Utilities #9 Return Envelope w/ Custom Window (0% recycled content): $ /M Utilities #10 Bill Envelope w/ Indecia and Custom Window (0% recycled content): $ /M Utilities #10 Bill Envelope w/o Indecia and w/ Custom Window (0% recycled content): $ /M Utilities #9 Return Envelope w/ Custom Window (Minimum of 30% post- consumer recycled content): $ /M Utilities #10 Bill Envelope w/ Indecia and Custom Window (Minimum of 30% post-consumer recycled content): $ /M Utilities #10 Bill Envelope w/o Indecia and w/ Custom Window (Minimum of 30% post-consumer recycled content): $ /M Meet or exceed the above specifications without exception. YES _____ NO _____ Will City representative(s) be allowed to inspect your facility, if requested? YES _____ NO _____ ENTERED BY: FIRM NAME: ___________________________________________ (Are you a Corporation, Partnership, DBA, LLC, or PC?) SIGNATURE: ___________________________________________ PRINT NAME: __________________________________________ TITLE: ________________________________________________ ADDRESS______________________________________________ ______________________________________________ PHONE: _____________________ FAX: _____________________ E-MAIL: ________________________________________________ BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 12 of 24 IMAGING-ADDING VARIABLE DATA TO PRE-PRINTED UTILITY BILL FORM NOTE: Service required for Pre-Printed Utility Bill Forms only. Specifications and Requirements Vendor shall demonstrate the ability to meet the following requirements: Variable data is added to pre-printed bill forms at vendor’s facility.  Variable data information on one side only - black ink.  There are 5-7 areas of variable data (several lines of type in each area. > Variable data printing on 8.5x11, pre-prints (60# opaque offset), pre-prints have a perf. 3.25" from bottom - running the 8.5" direction for tear off. Accept and receive files through an electronic method. Receive daily electronic file City of Fort Collins Utilities, in necessary format, consisting of 3,000- 7,000 records. File is provided 3-4 times per week by 10:00 a.m.; may fluctuate due to City holidays. Approximately fifteen (15) billing cycles per month. Sort data as needed, print variable data onto utility bill form, fold utility statements; insert utility statements into #10 window envelopes along with a #9 return envelope, and 1-2 inserts. Print, fold, stuff and mail on the same day electronic file received. Analyze and recommend the most effective and cost efficient method for mailing all forms, including postage. Apply postage and provide Utilities monthly itemized statements for actual postage used. Provide electronic confirmation of files received, processed and mailed. Pre-printed bill forms delivered three (3) times per year. Quantity of 220,000 each. Average number of pre-printed bill forms to be processed per week is 15,000. Pre-Printed Form and Envelopes to be delivered to and stored at vendor’s facility. Pre-printed bill forms delivered three (3) times per year. Quantity of 222,000 each. 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 Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 13 of 24 BID FORM UTILITY BILL FORM- IMAGING (ADD VARIABLE DATA): (See “Scope of Services” for details and approximate quantities.) PRICE ADD VARIABLE DATA TO PRE-PRINTED UTILITY BILL FORM (CUSTOMER ADDRESS AND ACCOUNT INFORMATION). $ /M Attach brief explanation of how your firm will ensure that deadline is met when same-day mailing service is required. Meet or exceed the above specifications without exception. YES _____ NO _____ Will City representative(s) be allowed to inspect your facility, if requested? YES _____ NO _____ ENTERED BY: FIRM NAME: ___________________________________________ (Are you a Corporation, Partnership, DBA, LLC, or PC?) SIGNATURE: ___________________________________________ PRINT NAME: __________________________________________ TITLE: ________________________________________________ ADDRESS______________________________________________ ______________________________________________ PHONE: _____________________ FAX: _____________________ E-MAIL: ________________________________________________ BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 14 of 24 HANDLE THE ENTIRE UTILITY BILL PROCESS General Requirements: Vendor will handle the entire Utility Bill process. Providing the pre-printed Utility Bill Form, Envelopes, imaging (adding variable data), and mailing services. Submit separate bid on the Bid Form provided if able to quote WITHOUT using a pre-printed Utility Bill Form. See “Scope of Services” for details and approximate quantities for each component listed previously in the Bid request document. BID FORM PRICE Handle the entire Utility Bill Process (Using a pre-printed Utility Bill Form): $ /M Handle the entire Utility Bill Process (WITHOUT using a pre-printed Utility Bill Form): $ /M Meet or exceed the above specifications without exception. YES _____ NO _____ Will City representative(s) be allowed to inspect your facility, if requested? YES _____ NO _____ Attach brief explanation of how your firm will ensure that deadline is met when same-day mailing service is required. ENTERED BY: FIRM NAME: ___________________________________________ (Are you a Corporation, Partnership, DBA, LLC, or PC?) SIGNATURE: ___________________________________________ PRINT NAME: __________________________________________ TITLE: ________________________________________________ ADDRESS______________________________________________ ______________________________________________ PHONE: _____________________ FAX: _____________________ E-MAIL: ________________________________________________ BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 15 of 24 SERVICES 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 , 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 ( ) page and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 4. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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 ( ) additional one year periods. Renewals and pricing BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 16 of 24 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. 5. 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. [Early Termination clause here as an option 6. 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 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 PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: 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. 7. 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 " ", consisting of ( ) page , and incorporated herein by this reference. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 17 of 24 8. 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. 9. 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. 10. 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 consent of the City. 11. 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. 12. 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 BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 18 of 24 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. 13. 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. 14. 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 party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. 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. 16. 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 BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 19 of 24 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 , 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. 17. 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. 18. 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. 19. 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 e-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 BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 20 of 24 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 e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants 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. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 21 of 24 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. 20. 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 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. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “C“ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 22 of 24 CITY OF FORT COLLINS, COLORADO a municipal corporation By: _______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By: _______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 23 of 24 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: 1. 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. BID 7476 Utility Bill Printing, Envelope Personalization & Mailing Services Page 24 of 24 EXHIBIT “C “ 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.