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R-11-01-13-10E6 - 1/13/2011
RESOLUTION NO. R -11 -O1 -13-10E6 WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of printing and mailing services for utility bills, and WHEREAS, Burke Asset Partners, LTD dba Direct Mail Partners has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Burke Asset Partners, LTD dba Direct Mail Partners, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Printing and Mailing Services for Utility Bills From Burke Asset Partners, LTD dba Direct Mail Partners, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2011. ATTEST: 5/i/Y11. L. 11144t76 SARA L. WHITE, City Secretary O \wdox\SCClnts\0112\1104\MUNICIPAL\00210656.DOC/rmc rn ALAN MCGRAW, Mayor City of Round Rock, Texas CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF PRINTING AND MAILING SERVICES FOR UTILITY BILLS FROM BURKE ASSET PARTNERS, LTD. dba DIRECT MAIL PARTNERS THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of goods, labor, and services to print, insert and mail the City of Round Rock Water Utilities Department bills on a weekly basis (referred to herein as the "Agreement") is made and entered into on this the day of the month of , 200 • , by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and BURKE ASSET PARTNERS, LTD. dba DIRECT MAIL PARTNERS, a Texas limited partnership whose offices are located at 1505 Wallace Drive, Suite 154, Carrollton, Texas 75006 (referred to herein as the "Vendor" or "DMP"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. The purpose of this Agreement is to contractually bind Vendor to provision of all equipment, materials and labor necessary to receive and convert (if necessary) billing information for printing monthly water utility bills and cut-off notices, print statements and notices with variable billing data, fold and insert with return envelope and any additional inserts, seal mailing envelopes and mail to customers within City -specified timeframes. RECITALS: WHEREAS, City desires to purchase from Vendor the goods, labor,. and services to print, insert and mail the City of Round Rock Water Utilities Department bills; and WHEREAS, City has issued its "Invitation for Bid" for provision of said goods and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 209085/jkg EXHIBIT „A„ 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and services and Vendor is obligated to sell specified goods and services. The instant Agreement includes the following: (a) City's Invitation for Bid designated IFB 10-024, Specification Number 04-915-58-02, revised August 2010; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified services, supplies, materials, or equipment. F. Vendor means Burke Asset Partners, Ltd. dba Direct Mail Partners, or any of its successors or assigns. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement shall be for one (1) twenty-four (24) month period from the effective date. This Agreement may be renewed for two (2) additional periods not to exceed twenty-four (24) months for each renewal, only upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. Prices shall be firm for the duration of the initial and renewal terms of this Agreement, except as otherwise provided for herein. 2 C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor may offer price decreases in excess of the allowable percentage change. D. City reserves the right to review Vendor's performance at any time during the initial agreement period or any renewal periods, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the goods and services as outlined in IFB 10-024, Specification Number 04-915-58-02 revised August 2010, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on the "Invitation for Bid (IFB), City of Round Rock Purchasing Office, Bid Sheet" contained in Exhibit "A" are awarded to Vendor. Vendor specifically acknowledges that the total bid amount accepted by City is $43,180.10. 5.01 COSTS Bid costs listed on the "Invitation for Bid (IFB), City of Round Rock Purchasing Office, Bid Sheet" contained in Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 3 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or B. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 4 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods and services as specified, City reserves the right and option to obtain same from other suppliers or sources. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 10-024 and its bid response. 13.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Irma Mendoza Utility Billing Manager 221 East Main Street Round Rock, Texas 78664 Telephone: 512-218-5465 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event, the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods and services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; B. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 5 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, by providing the City with one hundred twenty (120) days' written notice prior to termination of the Agreement; and in the event of such written notice of termination, Vendor shall continue services for a period of time not to exceed one hundred twenty (120) days after written notification. Termination under this subsection (C) of Section 16.01 shall not relieve Vendor of any obligation or liability that has occurred prior to cancellation. D. In the event City terminates under subsections (A) or (B) of this Section 16.01, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or .subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 6 19.01 ASSIGNMENT AND DELEGATION The parties each bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Burke Asset Partners, Ltd. dba Direct Mail Partners 1505 Wallace Drive, Suite 154 Carrollton, TX 75006 Notice to City: Cindy Demers Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephan L. Sheets City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 7 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision, which is of the essence of this Agreement, be determined void. 25.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City inay pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. BURKE ASSET PARTNERS, LTD. CITY OF ROUND ROCK, TEXAS a Texas limited partnership dba Direct Mail Partners By: By Burke Holdings, LLC, Title: its General Partner Printed Narne: Date Signed: By: P,Ale4/ .K./14/ Title: dm oAw.trAvA exp/cox Printed Name: r• ,te ,¢i,Jv Date Signed: /2/ode/20/0 9 FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CI Y APPROVED AS TO FORM: By: Stepha L. Sheets, City Attorney INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED UNLESS OTHERWISE SPECIFIED BELOW FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW ND °PENNS DATE & SID MUM N LOWER LEFT NAND CORNER OF SEALED IIID ENVELOPE a SHOW RETURN ADDRESS OF ammo FIRM. BIDDING INFORMATION: BID NUMBER 10-024 Printing & Mailing Srvcs OPENING DAT! 9/14/2010 at 3:00 P.M. BID LOCATION 221 E. Main Street, Council Chambers, Round Rock, TX 778664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID BIDDER SHALL SIGN BELOW Failure to sign bid will disqualify bid Print Name DESTINATION: See 1.7 of Bidding instructions on page 2 City of Round Rock 221 East Main Street Round Rock, Texas 78664 TAX Io NO.: 26-0018075 LEGAL BUSINESS NAME: Burke Asset Partnership LTD. ADDREss:1505 Wallace Drive, Suite 154 ADDRESS: Carroliton,TX75006 CONTACT: Laura Sullivan TELEPHONE NO.: (972) 446-3671 BUSINESS ENTITY TYPE: Limited Partnership "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting ' for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of Bidder agrees to comply with all conditions set forth in this IFB. This is for the purchase of printing and mailing services for the City of Round Rock Water Utility Department weekly bills in accordance with specification No. 04-915-58-02, revised 08-2010 (10 pgs) Attachment A Bill Samples (5 pgs). The quantities implied. shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or The City will only order the amount needed to satisfy operating requirements. '2. , ..w :Jl X w .7.;:;.=_--'2'... iv3e 44 , 5...,_Y N L y. vv Y1w+. Y^.,r -..25: te7 T'A. .G. r.....���� r����7 �4.���.k� �rTvr+TxC �, "`S�E� -•L .t i t ..; L'N r._ 1•i..Y.i 2 i..._Y.0 4TEM CLASS &-ITEM DESCRIPTION 915-58 ANNUAL CITYUNIT edd# 2 weeks UNIT PRICE EXTENSION The City currently has 30,716 customers 1 BILLWG CYCLE - 7679 WEEKLY 399,308 EA .095 37,924.26 2 LATE NOTICES -836 WEEKLY 43,472 EA .095 4,129.84 3 PROGRAMMINGJTESTING CHARGE IF HOURLY CHARGE PROVIDE MINIMUM NUMBER OF HOURS BILLED MIN HOURS HR 0 4 FORMAT CHANGE OR SET-UP THIS SHALL BE A ONE TIME CHARGE EA 0 5 REPRINT OF "LOST IN THE MAIL' BILLS OVER THE THE ALLOTTED 100 1 EA .095 .095 Bid Sheet ITEM CLASS & ITEM DESCRIPTION ANNUAL QTY UNIT UNIT EXTENSION VENDOR SHALL NOTE TYPE OF PRESORT MAIL BIDDING, COST AND WHERE MAIUNG OPERATION IS LOCATED. CARRIER ROUTE $ N/A 5 -DIGIT $ .335 3 -DIGIT $ .357 BASIC $ .414 PRESORT $ NIA AADC s .360 MIXED AADC $ 382 LOCATION: Austin THE FOLLOWING IS REQUESTED FOR INFORMATIONAL PROPOSES ONLY: PAPER X VIRGINRECYCLED $ 11.87 WINDOW ENVELOPE X VIRGIN RECYCLED $ 17.49 ENVELOPE X VIRGIN_RECYC LED $ 14.38 OPTIONS: PROVIDE UNIT COST OF OPTION AS SPECIFIED IN PART IV OF THE SPECIFICATION. QUANTITIES LISTED FOR OPTIONS ARE BASED ON ESTIMATES FOR ONE BILLING CYCLE UNLESS OTHERWISE NOTED. 6 OPTION NO. 1: IN UEU OF 2 -COLOR SHELL, PRINT BILL IN FULL COLOR 399,308 EA .09 35,937.72 7 OPTION NO. 2: ADDITIONAL COLOR PRINTED ON SHELL 399,308 EA .01 11 4,449.69 8 ' OPTION NO. 3: INSERT. ONE COLOR. ONE-SIDED 43,472 EA 0164 710.90 9 OPTION NO. 4: PRINTING ONLY, ONE COLOR, ONE SIDE 34,000 EA .0189 643.98 10 OPTION NO. 5: INSERT TWO-SIDED, ONE COLOR PRINT 40,000 EA .0208 833.98 11 OPTION NO. 6: PRINTING ONLY, TWO-SIDED, ONE COLOR 34,000 EA .0219 744.46 12 OPTION NO. 7: INSERT OFF SET, TWO-SIDED. TWO COLOR PMS 40,000 EA •0279 1,1 15.96 13 OPTION NO. 8: PRINTING ONLY, TWO COLOR PMS 34,000 EA 0299 1,01738 14 OPTION NO. 9: INSERT. OFFSET, TWO-SIDED FOUR CLOR CMYK 40,000 EA .0313 1,251.20 15 OPTION NO. 10: PRINTING ONLY- TWO-SIDED, 4 COLOR CMYK 34,000 EA .0313 1,063.52 16 OPTION NO. 11: COLORED BOND, 20-1.8, 8-1/2 X 11 40,000 .0099 414.00 17 OPTION NO. 1Z COLORED BOND, 24 -LB, 8-112 X 11 40,000 EA •0129 51750 18 OPTION NO. 13: CITY PROVIDED INSERTS TO BE INSERTED 40,000 EA 00%5 300.00 19 OPTION NO. 14: CITY PROVIDED INSERTS PREFOIDED 40,000 EA .0025 100.00 TOTAL 91,964.19 DELIVERY IN DAYS Bid Sheet REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER: 10-024 Printing & Mailing Services BIDDER'S NAME: Direct Mail Partners DATE: September 14th, 2010 Provide the name, address, telephone number and point of contact of at least three firms that have utilized similar service for at least three year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Tide of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 4. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Galveston County Tax Assessor -Collector Ken Laird Chief Deputy of Property Tax kenlaird@co.galveston.tx.us 722 Moody (21st Street), 5th Floor Galveston, TX 77550 ( 409 ) 766-2476 Fax Number ( ) Imperial Fire & Casualty Insurance Mark Depperschmidt Quality Assurance & Business Integration Mark.Depperschmidt@Imperialfire.com 14800 Quorum Drive, Suite 250 Dallas, TX 75254 ( 800 ) 960-7777x1148 Fax Number ( 972) 590-3289 National Employee Benefits Company David Collier AmWINS Group Benefits Dcollier@nebenefit.com 4829 W. Royal Lane Irving, TX 75063 ( 817 ) 298-5848 Fax Number ( ( ) Fax Number ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOUCITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Reference Sheet Page 1 of 1 Dated: 05112005 ROUND ROCK. TEXAS PURPOSE PASSION. PROSPERITY CITY OF ROUND ROCK, TEXAS INVITATION FOR BID ADDENDUM PRINTING AND MAILING SERVICES FOR UTILITY BILLS IFB No. 10-024 Addendum No. 1 Date of Addendum: September 3, 2010 The following items in the IFB identified above have been changed: Paragraph 5.2 of Parti(, Specifications is changed to: Delinquent Notices: Electronic billing data received shall be printed on single side of 8-1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3- 1/2 inches from the bottom edge, in the format and font size identified on the sample or as agreed to by the City and Vendor. All other terms and conditions of this IFB and specifications remain unchanged. Approved by By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced IFB. ACKNOWLEDGED Vendor Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. _FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. 1.,". tt j. ' Delivering Documents! Bid Number: 10-024 RFP FOR: Printing and Mailing Services OPEN: September 14th 2010 _ft 1505 Wallace Dr. Ste: 154 - Carrollton Texas 75006 - Phone: www.directmallpartn Table of Contents Request for Proposal Terms and Conditions 1 Scope of Work 1 Company Overview and Qualifications 2 Location of Staff & Resources 3 Hours of Operation 3 Differentiating Factors 3 ADEPT - Automated Document Electronic Production Technology 3 ADEPT System Structure 4 Breadth of Services 4 Experience 4 Similar Municipal Customers 5 Data Security and Identity Theft 5 Document Integrity 5 Printer Jams 5 Security Environment 6 Documents Printed by DMP 7 Work Plan 8 Contingency Plan 11 Backup and Recovery Site Capabilities 11 Signature Page & Pricing 13 References 15 Direct Mail Partners (DMP) is pleased to offer the following proposal to Round Rock Utilities (RRU) for the production of Utility Bills and Cut -Off Letters. Described within our response is our understanding of the work to be performed, why Direct Mail Partners is the best qualified vendor to perform the services requested, and our pricing structure. Request for Proposal Terms and Conditions RRU is soliciting a Contractor to provide a turnkey solution for all the necessary services to print, fold/insert, presort, and mail all work described within the RFP. DMP has read, understands and accepts all of the provisions outlined within this request including: • Part I - General • Part II - Specifications • Part III - Agreement Terms and Conditions • Part IV - Delivery, Acceptance and Payment • Part V - General Clauses and Conditions • Part VI - Options • Attachment A o Utility Bill Shell o Cut Off Notice Shell o Billing Data Printed on Shell o Billing Data Printed on Reverse of Bill o Envelopes • Addendum 1 Scope of Work • All statements will be presorted by DMP to the lowest available USPS postage rate with the proper address and barcodes using USPS approved CASS software. • Bills & Cut -Off notices shall be processed within 24 hours of file receipt. • The XML with ASCII files will be sent to a DMP managed secure FTP site for download by DMP on a weekly basis. • On a weekly basis, DMP will print, insert and mail customer bill and Cut -Off Letters. • DMP currently prints the Postnet barcode or Intelligent Mail Barcode in compliance with USPS requirements. • All paper and ink will conform to bank specifications for automated receipt processing, including cleanliness, porosity, opacity, reflectance, color, smoothness, and unconstrained flatness. • DMP will perform backups of print files for retention until verification of printing and mailing are confirmed by RRU followed by a RRU approved deletion mechanism. Direct Mail Partners 11 Page • DMP will provide the means for secure data transmissions with email confirmation of file receipt. • DMP is a full service company with complete backup and disaster recovery capability between our Dallas and Austin facilities. All printing and mailing services will be completed in-house at Direct Mail Partners to provide Round Rock Utilities a single point of contact for all production requirements. Company Overview and Qualifications Direct Mail Partners is a privately held Company headquartered in Carrollton, Texas, a north Dallas suburb. The Company's services include creative design, data processing, composition, document preparation, electronic bill presentment and payment (EBPP), automation letter shop/mail shop, laser printing, business reply mail management, fulfillment, bindery and all types and service levels of presort services. Our mantra is simple: "Do it right, on time, the first time, every time". Direct Mail Partners was established in 1992 and acquired by the current owners in March 2002. The Company is privately owned by Burke Asset Partners, LTD, a Texas Limited Partnership, and Burke Holdings, LLC, the General Partner. Kristi K. Burke is the majority owner of both entities. Kevin M. Burke owns the remaining interest in both entities. Both Mr. and Mrs. Burke are intimately involved in the day-to-day operations of the Company. As a measure of our success, Direct Mail Partners has experienced compounded annual revenue growth in excess of 50% under the current ownership since acquisition. Direct Mail Partners' working philosophy is that the customer always comes first. That includes unsurpassed attention to detail in client projects and bids, coupled with personalized service throughout planning and execution. We measure our success in terms of customer satisfaction and retention. Due to our high level of on-time performance and exceptional customer service, Direct Mail Partners has retained over 99% of its' customer base and has had no early contract terminations within the last 3 years. Currently, over 100 active customers, operating in multiple states, are served by a diverse workforce of approximately 90 full-time employees and up to 10 part-time personnel. Our clients come from a variety of industries. We service public, private, and non- profit industries. Projects include data processing, printing, and mailing services for companies in Health Insurance, Property & Casualty Insurance, Financial Services, Manufacturing, and Service Industries. Public entities include County Tax Assessors, School Districts, Appraisal Districts, Utilities, and Sanitation Departments. Non-profit entities include churches, ministries, political candidates, and various associations. As a medium sized company, DMP is highly responsive to our customers' needs. Increasingly, customers' projects require quicker response times to incorporate changes. We pride ourselves on our ability to exceed these. expectations. Direct Mail Direct Mail Partners 2IPage Partners can be counted on for an unsurpassed level of on time and accurate, error free service. Location of Staff & Resources DMP operates two production facilities; one in Carrollton, Texas (a suburb of Dallas) and a secondary facility in Austin, Texas. Both facilities are centrally located within the state of Texas. The Carrollton facility is the company's headquarters, located at 1505 Wallace Drive, Suite 154, Carrollton, TX 75006, houses the company's primary administrative, management, and marketing staff. This facility is equipped to support digital print, automated insert, mail services (including comingiing residual mail for presort discounts) ID card production, bindery, specialty finishing services, and climate controlled warehousing. The Austin location is equipped and staffed primarily for digital print, auto insert, and mail services for transactional mail and direct mail, and provides creative graphics arts services with climate controlled warehousing. The Austin facility would be the main production site for the City of Round Rock Utility Bills. Hours of Operation Direct Mail Partners' operations are scheduled as needed 24 hours a day, 7 days a week, 365 days a year. DMP administrative and support staff maintain normal office hours of 9 to 5 Monday through Friday, Central Standard Time, but are also available as needed. Since all scheduling is done to ensure 100% on time performance, flexible scheduling of overlapping crews crossing various operational departments is available. Virtually all of our services are available year round, excluding mailing and presort services which are closed only on USPS recognized holidays. Differentiating Factors Direct Mail Partners has three core differentiators over our competition: • Our Automated Document Electronic Production Technology (ADEPT). • Our breadth of services • Our redundant locations for disaster recovery and low likelihood for natural disasters. ADEPT — Automated Document Electronic Production Technology DMP's Automated Document Electronic Production Tracking system (ADEPT) provides for automated processing, positive piece level tracking, and automated reporting. Direct Mail Partners 3IPage • For documents processed through an automated inserter, this provides for positive accountability of every page of every document, providing the highest level of document integrity available. • With or without the positive document tracking available thru ADEPT, production reports can be automatically delivered via email directly to mail box of whatever responsible agent(s) that the City of Round Rock assigns to monitor daily production. DMP's email notifications are fully customizable to our clients' needs. In some cases, our clients import piece level production statistics back into their own systems, allowing Customer Service Representatives the ability to communicate exact mailing dates to the recipient while working within their own applications. The number and types of email notifications vary from customer to customer and between various lines of business, depending on client requirements. ADEPT System Structure The basic structure of DMP's automated production engine and automated email notifications follows the same path for all customer projects: File Processing Confirmation, Daily Processing Report and End of Period Billing Report. In addition to the automated email notifications DMP sends to its customers, DMP relies upon numerous, internal, automated email notifications to track and manage its production: outstanding output to be printed report, outstanding output to be inserted, outstanding ID cards to be produced report, outstanding policy books to be produced report, job detail reports and various operator performance reports. Within this structure, all inventory items, employees, services and projects are assigned unique tracking numbers that are used in the system for tracking. These unique tracking numbers result in barcodes that are scanned throughout the process resulting in real time information for inventory reporting, employee productivity, project tracking, production scheduling, and piece level integrity validation Breadth of Services DMP offers a wide ranging variety of services that are geared to establishing itself as the one-stop provider for our clients outsourcing needs. We pride ourselves on our ability to meet the most stringent customer requirements as an enterprise print vendor. The breadth of our services offers cost savings opportunities for the City of Round Rock Utilities for the production of envelopes, inserts and newsletters. By producing all of the collateral materials either in-house or locally through one of our business partners, City of Round Rock Utilities will save on administrative costs and shipping charges. Experience Direct Mail Partners is a "Full Service" company. Our deeply committed customer service, on time performance, creative design, broad data processing and print composition capabilities, proprietary tracking and reporting technologies, and one stop Direct Mail Partners 4 I P a g e shop solution sets us apart from the competition. Because our reporting and tracking systems are so robust, customers from various states throughout the United States comfortably count on Direct Mail Partners for all of their printing and mailing projects. Our goal is to be an invisible extension to our clients' operations. • DMP is a financially strong company with the resources to successfully complete the requirements of the City of Round Rock RFP. • DMP has a superior record of performance to our clients. • DMP is well insured with significant Commercial Liability, Umbrella Liability, Business Continuity, and Worker Compensation policies in effect. Similar Municipal Customers DMP clients currently include Ambit Energy, City of Dallas Water, City of Garland, City of Plano, and Dallas County. DMP also provides services to Galveston County (property assessments and tax statements), Higher Education Services Corporation (student loan invoicing and correspondence), Hallmark Insurance, Imperial Insurance, National Automotive Insurance Company, and Health Markets (Statements and correspondence). While these clients are not utilities, they require similar transaction print for invoicing and other correspondence in addition to more complex document composition services Data Security and Identity Theft Document Integrity Printer Jams. In December of 2009, DMP replaced most of its existing Xerox cut sheet and IBM continuous forms printers with Oce 6320 and 665 cut sheet production printers. The Oce printers were selected because their image print registration was the tightest available, and because of their positive internal accountability of the print imaging — the ability of the printers to maintain positive tracking of every impression and sheet across jams. For these reasons, and to preclude the possibility of misaligning the front and the back of a statement that can occur with continuous form printing, DMP plans that all printing will be done on Oce production cut sheet printers. In spite of the superior internal image accountability of the Oce printers, DMP employs a manual print verification process for all statement production jobs to ensure that the jobs are complete. a. Impression counts are noted in the printer logs and on the job tracking sheets before each print job is released and after each print job is finished. The image counts are then manually balanced against the expected impression counts. b. For any jams; 1. The print output is removed, the position of the jam is marked with a red sheet of paper, and the bad output is actually laid on the print stack at that point. Direct Mail Partners 51 Page 2. The printer operator will verify the sequencing of the statements, remove the bad output, but leave the red marking sheet in place. 3. Before releasing the job, the print supervisor will again verify the sequencing of the print output, and remove the red marking sheets. The supervisor's signature on the DMP work order controlling the job documents that this has been done. Security Environment Direct Mail Partners handles data, electronic documents, and physical documents containing sensitive Personal Financial Information (PFI), Protected Health Information (PHI) and other types of confidential information. DMP is committed to maintaining the highest levels of both physical and electronic security to protect this information from inadvertent or intentional disclosure, or identity theft. To this extent, DMP utilizes a blend of physical and electronic security systems, policies, and procedures designed to complement one another and provide the necessary physical security barriers, access control, and procedures for securely handling protected information, whether in electronic or printed form. DMP's security program meets the requirements of HIPAA Security Standards - 68 FR 8334, the USPS, the Fair and Accurate Credit Transaction Act and industry standard best practices for protection of sensitive information. The following extracts from DMP's security policy and procedures describe the company's security measures: DMP requires the active support of each and every employee in the maintenance of the Company's physical and information security programs. All security violations, no matter how slight, will be treated as serious infractions, and will result in disciplinary action up to, and including, dismissal. Because of the serious nature of even minor infractions, security violations may result in immediate dismissal without any prior infractions. The following policy will guide all DMP employees in the performance of their daily activities: • DMP physical and virtual operating environments are to be kept secure at all times. • All employees are to assume that all personal information, whether electronic or physical, requires protection. Only those individuals directly involved with the production, fulfillment, or transport of protected information will access or handle such information, and then only as required for business purposes. • Once information in any form is received by DMP, it will be protected for as long as it remains in DMP's custody. • No operational documents or data of any type will leave the DMP facilities except through controlled means as part of approved operational procedure. Direct Mail Partners 6IPage Documents Printed by DMP All personalized documents produced by DMP will be treated as protected information. • Rejected or destroyed print work containing personal information will be placed in a secure bin for destructive recycling. • All production print jobs will be accompanied by a valid work order at all times. • Physical movement and accountability of documents will be as follows: o Movement of printed documents will be limited to the department areas required by the work order for processing that particular job. o Only those individuals whose job functions require contact with the materials of any given job will handle the documents. o All components of each job - to the individual document level - will be accounted for before any component of any job is moved from one department to another. This accounting will be restricted to specifically authorized personnel and recorded on the work order. The HIPAA security standards have been chosen as a benchmark, and are utilized to protect access to DMP networks, operating systems, application code, and all company and client data with special emphasis on protecting electronic Protected Health Information and Protected Financial Information. DMP's guiding policy for cyber security is to restrict access to networks, operating systems, applications, PHI, PFI and supporting hardware to those individuals and systems with valid operational requirements for utilizing the information in the performance of specific business functions, or those IT personnel requiring access for the maintenance and support of DMP's IT infrastructure: • PHI, PFI and application code stored and executed on secure servers. • Both working and back up data is stored and processed on secure servers (Internal NAT, firewalled, administrative authorization required). • Physical access is limited to IT and management personnel. • All machines and software are tracked and logged. • Strict hierarchy of user access is based on "need" for business requirements. • Password complexity and expiration periods strictly enforced. • Regular security updates to servers and all DMP machines including anti-virus and spyware updates. • Regularly scheduled backups of all OS, application code and data. • Database security in place using secure server with access control to machine and database. Remote access/file transfer security measures are as follows: • FTP (WinFTP and WinSSH) and LPD software (BARR) designated as the standards for remote access/file transferring to and from Direct Mail Partners. • FTP, and BARR - authorized, NTK (Need to Know) personnel and associated log in requirements have been implemented to protect and secure PHI/PFI. • FTP Data transfer requires the use of Digital Signatures (SSH) and Encryption key exchanges (SFTP/SSL/TLS). • SSH and FTP transfers utilize the following algorithms: o Key exchange Direct Mail Partners 7 P a g e • Diffie-Hellman • Gss-group and Gss gex • Encryption • Aes 128, 256 ■ Blow -fish • 3des • Twofish128,256 • Arcfour • Castl28 o Data Protection ■ HMA • FTP session timeouts and lockouts are set to 20 minutes for idle communications and 5 illegal attempts in two minutes, respectively. • Number of internal authorized machines accessing PHI/PFI limited to 4 machines (2 servers, 2 workstations). • Directory access through remote access restricts users to a virtual "jailed" home directory. • Cisco Pix firewalls actively restrict and control internal and external network access. • Remote access activity logged from multiple sources to ensure security and integrity of data flow. Work Plan 1. Data print files are sent from Round Rock Utility to DMP's SFTP site via secure VPN, SSH, SSL, or https in accordance with a predetermined transmission schedule. An automated confirmation e-mail will be sent detailing the files processed. 2. Each file will be processed through DMP's proprietary production control system. Components of the same mailing (postal reports, tray tags, bills or letters) will be grouped on the same work order based on filenames. Any one-off or special production runs that are not part of the mailing will be grouped into separate work orders. a. The data files are interrogated for accuracy and completeness. b. Each data file is assigned a unique job number. c. The data is parsed and written into the appropriate table(s) on a record by record basis with a unique packet number assigned to each record. d. Impression counts and page counts will be derived for each print file and each mailing and recorded to a job tracking database table. e. An email notification will be generated listing the files received, and for each statement or correspondence file, the number of documents, the number of impressions in the file. f. A work order is generated for each mailing detailing the print file names, impression and document counts associated with those files, stock required, and production tasks, and the job is released to production. 3. A hard copy of the work order accompanies the production run throughout the production process. The work order will detail all of the component print files, Direct Mail Partners 8IPage each task in the order it is to be completed, the department responsible for that task, and task specific instructions such as print stocks and insert job profiles. a. Each department and task on the work order carries a barcode. Each department, task, and employee performing the task is scanned into the production control system at the beginning and end of each task. b. As each task is completed, before the run is moved to the next task, a supervisor or manager must review the quality of the work and release the job to the next task. The print files will then be queued for printing. The files will be printed by separate mailings with all of the components of one mailing grouped into one production run as specified in the appropriate work order. All of the components of a single mailing (a single work order) are kept together throughout the production process. 4. Work orders will be used to control releasing the print files to the printers. All of the files for a single mailing will be printed in sequence, with all of the printed components of that mailing staged together as a single production run and kept together throughout the production process. a. Print files will be spooled and released to the printers in the exact sequence required for mailing. b. Any jams or misprints are marked in the output stacks, and retained until the end of the print run for reprinting. Reprints are reinserted into the print output, the sequence numbers verified as correct and contiguous by both the operator and the supervisor. c. Each production run will be completed, verified for completeness, and reviewed for print quality by both the printer operator and a supervisor before being released for finishing. 5. Once released from print, the production run for each mailing will be staged for insert. a. Tray tags will be inserted into mail trays, and staged at the inserter output conveyer in order of use. b. Envelopes will be pulled from storage based on the Production Summary Report, and enclosure inserts will be pulled from storage based on the Insert Report for that mailing. The inventory tracking system will be updated as the items are pulled for use. 6. Inserting will be done on the basis of individual production runs by mailing. DMP's intelligent inserters read either the 3 of 9 or 2D barcode on each statement, and record the status of each statement at each station on the machine. a. A definitive, positive control, based on capturing and recording the successful insertion of each mail piece, and each page of each mail piece, will be employed during all auto insert operations. This provides 100% assurance that every page of every mail piece is accounted for. This is Direct Mail Partners 91Page the highest level of document integrity available, and is practical and cost effective for auto insert operations. b. A reference book called a "runbook" will be maintained in the auto insert area for use in verifying the setup of the inserter. For each Round Rock Utility mailing, the runbook will contain samples of each active enclosure insert, with the name used by Round Rock Utility to identify it on the Insert Report. The runbook will setup the inserter with the correct job profile, load the envelopes and enclosure inserts, and stage all replenishment materials. A supervisor will verify that all is correct before the run is started and will indicate such on the work order. c. The inserter reads the instructions contained within the barcode on each page of each statement. d. If any expected statement is missing or out of sequence, the inserter stops and identifies the error to the operator. The operator determines and corrects the fault, or immediately escalates the error. e. Each statements barcode also carries instructions for any required enclosure feeds, such as flyers or return mail envelopes, and triggers the feed when the packet reaches the appropriate position on the inserter. A separate sensor records the enclosure being added to the packet, and the inserter records this action. If a required enclosure fails to drop, the inserter likewise stops and identifies the error to the operator for correction. f. As the inserter processes each statement, it captures the data for that statement. This data is then written to the ADEPT data tables on a record by record (statement by statement) basis, to confirm that each statement has been accounted for and is complete. g. Any statement removed from the inserter before the finished mail piece has passed thru the meter, the inserter records it as an error. This statement is not updated as complete in ADEPT. These damaged pieces are removed and held for reprint. h. As the mail pieces are completed and exit the inserter, they will immediately be placed in the correct tray, with the trays sleeved and banded as they are completed. i. At the end of each production run, the run is balanced against the machine and meter counts, as well as against the individual records of complete and incomplete statements. Incomplete production runs are staged in a holding area, and reprints are generated on a priority basis. All activity is noted on the Work Order accompanying the production run. j. Once the reprints have been generated, they are inserted, scanned, and metered. The finished reprints are then inserted into the appropriate mail trays, and the run is again balanced against the machine counts, meter counts, and against the individual statement data records. k. When all statements are accounted for, the supervisor will release the run to the Mail Handler. 7. Once each run has been balanced and verified, the Mail Handler verifies that the mailing is complete, conducts the required postal quality assurance testing, ................................. Direct Mail Partners 10) Page and schedules the mailing for delivery to the post office or mechanical presort, as required by the project. Contingency Plan Backup and Recovery Site Capabilities Because our business is highly dependent on specialized equipment and information systems, Direct Mail Partners recognizes that business continuity is an integral part of business operations. Direct Mail Partners' business organization, physical plants, and operating procedures are engineered to ensure that we can maintain production operations internal to each facility in the face of minor to moderate interruptions, and can readily shift and/or supplement production activities to a backup location in the event of serious interruptions. Direct Mail Partners provides for business continuity on two levels: • Within each facility, DMP provides redundant productions systems to facilitate schedule preventive maintenance and to ensure that the loss of a single piece of equipment does not halt production. • Direct Mail Partners also maintains two production facilities in geographically separate locations: one facility in Carrollton, Texas, and a second facility in Austin, Texas. These two facilities are equipped and staffed to support the same core business operations at both locations, including printing, inserting, and mailing operations. Each facility serves as an alternate or backup production site for its sister facility to support continuing business operations as needed. The DMP facility in Austin, Texas will be the primary production site for the City's statements, notices, and correspondence, and will schedule the City's production into its daily operations. DMP's facility in Carrollton, Texas will be the backup production site. The Carrollton facility has sufficient unallocated daily print and insert capacity to absorb all of the transactional mail production. in the event of a major outage at the primary production site, production operations for the City will be shifted to the backup production site. DMP's policy is to incorporate the requirements for business continuity into its ongoing operations. To this extent, DMP's Business Continuity Plan requires annual testing. However, DMP normally exercises its business continuity plans on at least a quarterly basis. These events typically involve moving actual production (not just test production) between our two facilities, including the coordination and movement of client specific preprinted stocks. For example, DMP recently tested six separate jobs, each which contained protected financial information, and were moved from Austin to Carrollton. Standard 20# white paper was used for the print, but client specific envelopes and a variety of preprinted inserts were also moved from Austin to Carrollton. This stock was pre -staged in Direct Mail Partners 11 !Page Carrollton for this exercise. However stock can readily be moved between the two locations via company owned trucks and vans in a little as four hours. • Each job contained from 1 to 110 separate print files. • Each print file contained from 50 to 5000 separate variable page length documents to be printed and inserted. • DMP received the files in Austin, moved the files to Carrollton, processed the files to identify the start/stop of each document, assigned unique document and page tracking numbers, imaged a small 2D bar code on each page, printed, inserted, and provided 100% accountability for every document in every job. Because this was a scheduled exercise, the shift from Austin to Carrollton was begun as soon as the files were received, and all of the production was completed within the standard service level turnaround time. Direct Mail Partners 12[Page SPECIFICATION NO. 04-915-58-02 REVISED: AUGUST 2010 CITY OF ROUND ROCK PRINTING AND MAILING SERVICES FOR UTILITY BILLS PART I GENERAL 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods, labor and services to print, insert and mail the City of Round Rock Water Utilities Department weekly bills as identified on the Invitation For Bid (IFB). 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Agreement - A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.2. Bid/Proposal - is a complete, properly signed response to a Solicitation that if accepted, would bind the Bidder/Proposer to perform the resulting contract. 2.3. Bidder/Proposer - identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.4. Billing Cycle - Represents the water billing process from reading water meters, uploading the information to the system, transferring the compiled data to the contractor for printing the bills and any delinquent notices needed for bills more than two days past due, inserting bills and notices into envelopes and mailing to the City's utility customers. 2.5. Billing Information/Data — Identifies the variable billing data (account number, due date, total amount due, consumption etc.) that is to be printed on a preprinted shell. 2.6. City - Identifies the City of Round Rock located in Travis and Williamson Counties, Texas. 2.7. Goods - represent materials, supplies, commodities and equipment. 2.8. Piggyback Contract - A term used to identify contract/agreement or purchase order that has been competitively bid in accordance with State of Texas statutes, rules, policies and procedures and have been extended for the use of state and local agencies and active State of Texas CO-OP entities. 2.9. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.10. Services - work performed to meet a demand. The fumishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified. 2.11. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. Page 1 of 10 SPECIFICATION NO. 04-915-58-02 REVISED: AUGUST 2010 2.12. Vendor - (Sometimes referred to as Contractor) A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or purchase order. 2.13. Working day — defined as Monday through Friday 8:00 a.m. to 5:00 p.m. 3. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that any vendor or person considering doing business with a local government entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to: City of Round Rock City Secretary 221 East Main Street Round Rock, Texas 7866 Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's proposal. 4. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks City of Round Rock 221 East Main Street Round Rock, TX 78664 Telephone: 512-218-5457 cm b@round-rock.tx. u s The individual listed above may be contacted for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. 5. BEST VALUE: All bids received shall be evaluated based on the best value for the City. In determining best value, the City may consider: 5.1. The purchase price; 5.2. Reputation of the bidder and of bidder's goods and services; 5.3. The quality of the bidder's goods or services; 5.4. The extent to which the goods or services meet the City's needs; 5.5. Bidder's past relationship with the City; 5.6. The total long-term cost to the Municipality to acquire the bidder's goods or services; and 5.7. Any relevant criteria specifically listed in the solicitation. 6. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. Page 2 of 10 PART II SPECIFICATIONS 1. SCOPE: This specification describes a service to print, insert and mail the City of Round Rock Water Utility weekly bills. Services shall include, but not be limited to all labor, materials and equipment necessary to perform these services in accordance with the minimum requirements herein and as mutually agreed between the Bidder and the City. 2. STATEMENT OF INTENT: It is the intent of the City to establish a multiple year agreement with a responsible bidder to provide printing and mailing of water utility billing cycle as specified. The initial agreement shall be for a 24 month period with two consecutive extension periods, as mutually agreed upon. Quantities on the bid are estimates only. 3. SERVICE RESPONSIBILITIES: The Vendor shall provide all equipment, materials and labor necessary to receive and convert (if necessary) billing information for printing monthly water utility bills and cut-off notices, print statements and notices with variable billing data, fold and insert with retum envelope and any additional inserts, seal mailing envelopes and mail to customers within the specified time. 3.1 Billing Cycle: The volume of bills is estimated at approximately 7,679 on a weekly basis. The Vendor shall be responsible for the timely mailing of four billing cycles: 3.1.1 Cycle 1 = 9,631 processes the 17th day of the month, 3.1.2 Cycle 2 = 10,185 processes the 24th day of the month, 3.1.3 Cycle 3 = 2,935 processes the last day of the month and, 3.1.4 Cycle 4 = 7,462 processes the 7th day of the month. 3.2 Cut -Off Notices: The volume of notices is estimated at 126 per week. The Vendor shall mail notices within the number of days agreed to by the Vendor and the City after each billing date. NOTE: The City may increase the number of billing cycles to accommodate the City's growth. The City will notify the Vendor 30 days prior to any change in the billing. 3.3 Billing Information/Data: The billing information file is XML with ASCII text encoding: The Vendor shall: 3.3.1 Receive billing information from the City by a suitable method as agreed to by the City and the Vendor; however, the City prefers a secured electronic transfer via the internet. 3.3.2 Receive billing data from the City before 5:00 p.m. on the Thursday prior to any billing cycle which occurs on a Saturday or at a time that is agreeable to the Vendor and the City. 3.3.3 Receive billing data from the City before 5:00 p.m. on the Friday prior to any billing cycle occurring on a Monday or at a time agreeable to the Vendor and the City. 3.4 Mailing Schedules: The Vendor shall have prior City approval before changing the following mailing schedules:. 3.4.1 Bills shall be postmarked within 24 hours of clean data being received by the Vendor. 3.4.2 Cut -Off Notices shall be postmarked within 24 hours of clean data being received by the Vendor. 3.5 Contingency Plan: In the event that the service is interrupted due to equipment, personnel, etc., the Vendor shall have in place a contingency plan that shall guarantee all mailing schedules are met. Bidder shall provide detailed contingency plans to ensure mailing schedules are maintained: Failure to submit plan with the bid may disqualify bid from award. Page 3 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 3.6 Staff: The Vendor shall provide well-trained staff to ensure quality service for the duration of the contract and extension periods. Bidder shall: 3.6.1 Provide to the City the name and telephone number of Vendor's primary representative and their backup. 3.6.2 Train personnel to ensure uninterrupted service. 4. PAPER MATERIALS: The Vendor shall be responsible for providing, maintaining and storing all materials needed to fulfill the requirements of the agreement. Materials shall include, but not be limited to the following. Paper products listed below are examples the City knows will work with its billing format. Vendors are encouraged to suggest alternate products that are more economical and conducive to their printing and mailing operation without changing or having an adverse effect on the billing format. 4.1 Paper, standard 8-1/2 inch by 11 inch, 20 pound bond with perforation across the bottom portion of the paper approximately 3-1/2 inches from bottom edge of the paper. Virgin or recycle paper is acceptable. 4.2 Envelopes: 4.2.1 Mailing envelopes should be #10, 24 -pound, single window, white with adhesive type flap. Virgin or recycle paper is acceptable. 4.2.2 Return envelopes should be #9, 24 -pound plain white with adhesive type flap. Virgin or recycled paper is acceptable. 5. PRINTING REQUIREMENTS: Printing of the billing statements, notices and envelopes shall be a two color PMS (blue and red) shell with black over print unless otherwise specified on the bid and/or requested by the City. Printing quality shall be sharp, clear and precisely registered. The City will provide digital format, camera-ready artwork. See Attachment B for samples. NOTE: Overruns shall not be charged to the City unless requested as a "Print Only" 5.1 Billing Statement: Electronic billing data received shall be printed on both sides of 8-1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3-1/2 from the bottom edge, in the format and font size identified on the sample or as agreed to by the City and Vendor. 5.1.1 Shell information may be preprinted on perforated paper 5.1.2 Electronic billing data shall be printed on preprinted shell identified or in a format agreed to by the City and the Vendor. 5.2 Delinquent Notices: Electronic billing data received shall be printed on both sides of 8- 1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3-1/2 inches from the bottom edge, in the format and font size identified on the sample or as agreed to by the City and Vendor. 5.2.1 Shell information that may be reprinted 5.2.2 Electronic billing data shall be printed on preprinted paper identified as in the sample or in a format agreed to by the City and the Vendor. 5.3 Mailing Envelopes: The envelopes shall one color print with the City's logo and address on the upper left comer and special message "WATER BILL ENCLOSED" printed just above the window. See Attachment B Page 4 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 5.4 Return Envelopes: The Envelopes shall be one color print with the City's address in the center of the envelope and postal barcode in the lower right corner. See Attachment B. 5.5 Additional Inserts: The City may require additional information to be printed and inserted with the billing statement. See Part VI Options. The City will provide artwork. 5.6 Overruns: The Vendor shall not charge the City for any overruns 5. INSERTING REQUIREMENTS: 5.1 Billing Statements shall be folded and inserted with the return envelope in a way that the customer's address and postal barcode is visible through the windowed mailing envelope. After insertion, the mailing envelope shall be sealed, sorted and mailed. 5.2 Delinquent Notices shall be folded and inserted in a way that the customer's address and postal barcode is visible through the windowed mailing envelope. No returned envelopes shall be required as an insert. After insertion, the mailing envelopes shall be sealed, sorted and mailed. 6. MAILING REQUIREMENTS: Vendor shall mail bills and notices in accordance with the United States Postal Service (USPS) guidelines for first-class presort mail automation for letters. NOTE: VENDOR SHALL BE RESPONSIBLE FOR FINANCIALLY MAINTAINING POSTAL ACCOUNT FOR THE CITY AT THE US POST OFFICE. Requirements include, but are not limited to the following: 6.1 Have pre-sort mailing permit. 6.2 Utilize Carrier route rates if/when available. 6.3 CASS/MASS certify addresses for lowest automated rates. 7. RESTRICTION OF INFORMATION: The Vendor shall be allowed to utilize the billing data provided solely for the express purpose of complying with the provisions of this agreement. The Vendor is prohibited from publishing, selling, or disclosing any information provided by the City for any other purpose. The Vendor shall be legally responsible for safeguarding this information and liable for any damages caused by the disclosure or use of the information. 8. SITE VISIT: The City and/or their representatives will have the right to visit and inspect the vendor's facility any reasonable time prior to award and/or to conduct unannounced visits during the performance of the service. 9. PROBLEM AND ERROR RESOLUTION: The Vendor shall: 9.1 Notify the City of business changes that may affect the performance of the agreement. 9.2 Immediately report any problems or errors to the City for resolution, e.g. printing error before and after mailing, mailing error and material or postage problems. 9.3 Reimburse the City by credit invoice for the number of incorrect mailings that used the City's materials. 9.4 Reimburse the City by credit invoice for the number of pieces mailed incorrectly. 9.5 Reprint lost in the mail bills at no cost to the City up to a quantity of 100 that may occur within a ninety (90) day period. 10. REPORTS: The Vendor shall provide to the City statements or reports as requested to include the following and any other pertinent information needed by the City: 10.1 Accurate documentation and reporting of the postal rates used for billing. 10.2 Itemized summary of bills and notices mailed weekly. Page 5 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 11. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as responsive and responsible. All bidders shall: 11.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 11.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 11.3 Provide references to include the name, address, telephone number and point of contact of at least three entities for which the bidder has preformed similar service and or utilized the exact technology within the past three years. Any negative responses received may result in disqualification of bid. 11.4 Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 12. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy operating requirements, which may be more or less than indicated. 13. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative(s) noted below. Irma Mendoza Utility Billing Manager City of Round Rock (512)218-5465 PART III AGREEMENT TERMS AND CONDITIONS 1. AGREEMENT: The term of the Agreement resulting from the solicitation may be for a twenty-four (24) month periods of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term stated or until terminated or extended as provided herein. The City reserves the right to: 1.1 Renew Agreement for two (2) additional periods of time not to exceed twenty-four (24) months for each renewal provided both parties agree. 1.2 Review the following every twelve -months or renewal period: 1.2.1 Vendor performance; 1.2.2 Price; 1.2.3 Continuing need; 1.2.4 Advancements in technologies and/or service 1.3 The City may terminate the Agreement with or without cause or may continue through the next review or renewal period. 2. PRICE: The agreement price shall be firm for the duration of the contract or extension periods. No separate line item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental, demurrage, fuel surcharges, delivery charges and cost associated with obtaining permits.or any other extraneous charges. 3. PRICE ADJUSTMENT: The City reserves the sole option to allow "unit price" adjustments upward, only as a result of a cost increase in goods or services in accordance with the Producers Price Index at htto://stats.bis.gov/ppi/home.htm. 3.1 Any price increase to this contract shall be requested by the Vendor in writing and shall be accompanied by the appropriate documentation to justify the increase. Request shall be received by City at least ninety (90) days prior to the agreement review date. Page 6 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 3.2 Vendor may offer price decreases, even in excess of the allowable percentage change, at any time during the contract term. 3.3 The City reserves the sole option to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. PART IV DELIVERY, ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery of goods and services shall be completed within the number of day bid. 2. ACCEPTANCE: Acceptance inspection should not take more than two hours after receipt of sample. The vendor will be notified within this time frame if the material delivered is not in full compliance with the specifications. If this service is canceled for non-acceptance, the needed goods and services may be purchased elsewhere and the contractor may be charged full increase, if any, in cost and handling. 3. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Attn: Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 4.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. PART V GENERAL CLAUSES AND CONDITIONS 1. LABOR: The Vendor shall provide all labor and goods necessary to perform the services. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. Page 7 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 2. EXCEPTIONS: Any variation from this specification shall be indicated on the bid or on a separate attachment to the bid. The attachment shall be labeled as such. 3. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. 4. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 5. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 10. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 11. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 12. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. In the event the Vendor elects to cancel the agreement, Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 13. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 14. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum Page 8 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall fumish the City with satisfactory proof of its compliance. 15. CODES. PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 16. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 17. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 18. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance with the Laws of the State of Texas. 19. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 20. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART VI OPTIONS Options must be identified on the IFB to be required. 1. OPTION NO. 1: In lieu of bills printed two-color shell with black overprint, Print full color front side and black back side 2. OPTION NO. 2: Additional color printed on shell or preprinted form. NOTE: The City assumes this will require setup, which shall be priced as a onetime charge as noted on your bid and not included in the unit price. 3. OPTION NO. 3: Additional inserts, one color, one-sided print on standard 8-1/2" X 11" bond and inserted with regular billing statements. The City will provide information in digital formats or as camera-ready artwork. 4. OPTION NO. 4: Printing only - one color, one-sided print on standard 8-1/2" X 11" bond. The City will provide information in digital formats or as camera-ready artwork. 5. OPTION NO. 5: Additional inserts, offset, two-sided, one color print on standard 8-1/2" X 11" 24 - pound bond and insert with regular billing statements. The City will provide information in digital formats or as camera-ready artwork. Page 9 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 6. OPTION NO. 6: Printing only — Offset, two-sided, one color print on standard 8-1/2" X 11" 24 - pound bond. The City will provide information in digital formats or as camera-ready artwork. 7. OPTION NO. 7: Additional insert, offset printing, two-sided, two color PMS on standard 8-1/2" X 11" 24 -pound bond and insert with regular billing statements. The City will provide information in digital formats or as camera-ready artwork. 8. OPTION NO. 8: Printing only— Offset, two-sided, two color PMS on standard 8-1/2" X 11" 24 - pound bond. The City will provide information in digital formats or as camera-ready artwork. 9. OPTION NO. 9: Additional insert, offset printing, two-sided, four color CMYK on standard 8-1/2" X 11" 24 -pound bond and insert with regular billing statements. The City will provide information in digital formats or as camera-ready artwork. 10. OPTION NO. 10: Printing only— Offset, two-sided, four color CMYK on standard 8-1/2" X 11" 24 - pound bond. The City will provide information in digital formats or as camera-ready artwork. 11. OPTION NO. 11: Colored bond, 20 -pound, 8-12" X 11" for printing inserts. 12. OPTION NO. 12: Colored bond, 24 -pound, 8-1/2 X 11" for printing inserts. 13. OPTION NO. 13: City provided inserts to be inserted with the billing statement. This preprinted form, if provided shall be inserted and mailed with regular billing statements. 14. OPTION NO. 14: City provided pre -folded inserts to be inserted with the billing statement. This insert, if provided shall be inserted and mailed with regular billing statements. 15. OPTION NO. 15: An alternate bid is requested from bidders that are capable of utilizing the Round Rock Post Office to mail bills and notices. The Contractor may utilize the City's mailing permit with the City paying the annual fee; however the Contractor shall be responsible for maintaining the account to cover mailing rates for all billing bills. Page 10 of 10 ATTACHMENT A PRINTING AND MAILING SERVICES UTILITY BILL SAMPLES • UTILITY BILL SHELL • CUT OFF NOTICE SHELL • BILLING DATA PRINTED ON SHELL • BILLING DATA PRINTED ON REVERSE OF BILL • ENVELOPES City of Round Rock Utility Billing Prepared For: ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Specification No. 04-915-58-02 Attachment A Preprinted Bill WATER CONSUMPTION (in gallons) RR -BILL 0509 Detach and mail stub with your payment or bring entire page when paying in person Account Number Due Date Penalty Date Amount Due Total Amount Atter Due Date Due You can help those in need pay for essential water services. Simply check box and sign below to add a different donation amqupt to your monthly bill. 0 None 0 $3 0 $5 0 Other $ Signature 'idly Ro{ k prix ACCOUNT NUMBER DUE DATE TOTAL AMOUNT DUE IF PAID BY DUE DATE CUT-OFF NOTICE Detail, UMc portion and return with your payment in the envetop. provided. Please do not fold or attach this stub to the payment check. NAME SERVICE ADDRESS Specification No. 4-915-58-02 ttachment A reprinted Cut -Off Notice Mail to: City of Round Rock 221 East Main Street Round Rock, Texas 78664 512-218-5460 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. ACCOUNT NUMBER CUT-OFF NOTICE YOUR ACCOUNT IS PAST DUE. IF PAYMENT HAS BEEN MADE, PLEASE DISREGARD THIS NOTICE Water service may be disconnected if amount shown is not paid on or before due date. Failure to pay may also subject your bill to a service charge. No further notice will be given. If you disagree with the amount due, contact the Utility Billing Office before the date printed on this notice. AVISO DE INTERRUPCION SU CUENTA ESTA ATRASADA. SI EL PAGO SE HA HEGHO, FAVOR DE IGNORAR ESTE AVISO.. El servicio de ague sera desconectado si la confided mostrada no es pagada antes, 6 en is fecha de vencimiento. La fatta de pago puede someter su cuenta a una comision por operation. No se enviara ningun aviso adicional. SI no este de acuerdo con la cantidad vencida, (lame a Ia oficina de cobros antes de Ia fecha indicada en este aviso. ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City of Round Rock Utility Btiling 221 E. Main Street Round Rock, Texas 78664-5299 512218-5460 www.roundrocktexasgov Pay by phone 1-800-565-1800 Convenience fees apply Lobby Hours 9 A.M. - 5 P.M. Monday -Friday Drive Through 8 A.M. - 6 P.M. RR -CUTOFF -0410 City 'ROUND ROCK, TEXAS PURPOSE- PASSION. PROSPERI Y Account Number 26063704 of Round Rock Utility Billing Prepared For: somemomum Due Date 07/10/2010 Penalty Date N/A Amount Due After Due Date CREDIT BALANCE Specification No. 04-915-58-02 Attachment A Variable Data Printed on Bill Total Amount Due 8,550 7.600 6.650 5.700 4.750 3.800 2,850 '1,900 950 0 WATER CONSUMPTION on gallons 1 n rrirfl I Illlfllll 1 111111111 I I I I I IJ I �Qo00 poQoQoQo o ,o �o:o 9,o h o o rC Last Year This Year -$4.02 'Includes Optional Friendly Rock Donation Cirretlt lkctiivity $cttnrtmary_.__ ._......._ Current Bill Date 06/21/2010 Last Payment was received on 06/11/2010 In the amount of 4150.00 Water $27.94 Wastewater $27.49 Solid Waste $15.10 Credit Balance 475.55 Total Due 45.02 Optional Friendly Rock Donation $1.00 44.02 Total Amount Due See reverse side for more details Special Messages PLEASE NOTE: The Total Amount Due reflects an OPTIONAL $1.00 donation to Friendly Rock. These funds go to help our neighbors in need with their water bill. if you choose not to donate, please check the "None" box below. Thank you for paying on time! We appreciate your promptness. Account Number Detach and mail stub with your payment or bring entire page when paying in person Due Date 26063704 I 07/10/2010 Penalty Date N/A Amount Due After Due Date CREDIT BALANCE RRBILL 0509 Total Amount Due -$4.02 (t...It.ItI.ILI.tt.,ILILLIII.hliamI.ILI.IIII.1dad "AUTO Sr:H 5-^1GIT 78664 4.• AANo7X eillommlimmenue 5952 'Includes Optional Friendly Rock Donation You can help those in need pay for essential water services. Simply check box and sign below to add a different donation amr 4 t to your monthly bid. O None O $3 O $X O Stier $ Signature Pr/eftdly Rock Progartl Current Activity Details Sq 1\\ - DoE_ Water Service Meter ID 99532247 Customer Charge Consumption Charge Total Current Charges Acct# 15014906 Read Date Previous: 05/06/2010 Current: 06/07/2010 Read Difference in Hundreds Total Consumption in Gallons 4,400 Gal © $2.35 per 1,000 Specification 04-915-58-02 Attachment A Variable Data No . Reading 9066 9110 44 Printed ot400 Reverse side of Bill $13.84 $10.34 $24.18 Wastewater Service Customer Charge Wastewater Average Wastewater Vol Chg Total Current Charges 3,500 Gallons 3,500 Gal @ $3.23 per 1000 $12.63 $11.31 $23.94 Solid Waste Service Solid Waste Tax Total Current Charges $13.95 $1.15 $15.10 Optional Friendly Rock Donation $1.00 General Messages E -bills are now available for City of Round Rock utility customers! If you sign up for electronic billing, you will receive all correspondence from our utility billing office electronically. That means no more paper bills! Here's how it works: You will get an email on the day your bill is generated. You can then pay online via the City's website, by phone or by your own online payment service. Call 218-5460 to register for the program. We will update your account with an email address and activate the a -bili notification. REMINDER: Tier 2 block rates to encourage water conservation will be in effect May thru October. In addition to the monthly base fee, a customer with a 5/8 -inch meter is charged $2.35 for each 1,000 gallons of water used up to 18,000 gallons. For each additional 1,000 gallons of water used over 18,000, the rate is $2.94. Visit the Utility Billing webpage at www.roundrocktexas.gov for more specific details. Also Stage 1 Water Restrictions are in effect. When irrigating, follow the voluntary watering schedule: Residential odd addresses Wednesday and Saturday; residential even addresses Thursday and Sunday; all commercial and multifamily Tuesday and Friday. Detach and mail stub with your payment or bring entire page when paying in person Make checks payable to the City of Round Rock Utility Billing Department 221 East Main Street Round Rock, Texas 78664 Lobby Hours 9 A.M. - 5 P.M. Monday -Friday Drive-through 8 A.M. - 6 P.M. 512-218-5460 Pay online: www.roundrocktexas.gov Pay by phone 1400-565-1800 Convenience fees apply ,n 11 111 1111 11 111 111 , 1I 11111111.11 Specification No. 04-915-58-02 AttarhmPnt A Envelopes ICE REQUESTED IF8 No. 10-024 C101117-1 ROUND ROCK. TEXAS PO/KN. r'Ro•I1RUY CITY OF ROUND ROCK, TEXAS INVITATION FOR 810 ADDENDUM PRINTING ANO MAILING SERVICES FOR UTILITY BILLS Addendum No. 2 Date of Addendum. September 9. 2010 The following items in the IF8 identified above have been changed: Paragraph 3 2, Cut -Off Notices of Services Responsibilities, Part II Specifications (page 3 of 10) is changed to: Cut -Off Notices: The volume of bills is estimated at approximately 836 (between 300 and 1200) per week The vendor shall mail notices within the number of days agreed to by the Vendor and the City after each billing date Paragraph 5.2 of Printing Requirements, Part II, Specifications (page 4 o1 10) is changed from Delinquent Notices to• Cut -Off Notices. Electronic billing data received shall be printed on single side of 8.1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3-1/2 inches from the bottom edge. in the format and font size identified on the sample or as agreed to by the City and Vendor Paragraph 5.3 Mailing Envelopes of Printing Requirements. Part II of the Specifications (page 4 of 10) is changed to: Mailing Envelopes: The envelopes shalt be Iwo color printing with the City's logo and address on the upper left cornet and special message "WATER BILL ENCLOSED' printed just above (he window when mailing Billing Statements only. The special message shalt not be printed on envelopes for the Cut -Off Notices Inserting Requirements, Part iI Specifications (page 5 of 10) is changed to include: Additional Inserts: The City currently has thirteen inserts per year. Estimated number of inserts shall include. but not be limited to the following: (See Part VI, Options of the Specification, pages 9 and i0) Monthly Newsletter is currentty printed on double -sided, 8-1/2 inch by 11 inch, 2 -color. folded and inserted with the Billing Statement. Annual Drinking Water Report is printed on double -sided, 8-1/2 inch by 11 inch, folded and inserted once a year with the Billing Statement. All other terms a condit ns of thi FB and specifications remain unchanged 1 l/ Approved by 'W 1'L� 8y the signatures affixed below. Addendum No 1 is hereby incorporated into and made a part of the above referenced IFS. ACKNOWLEDGED Vendor Authorized Signature , Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CiTY OF ROUND ROCK WiTH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. ROUND ROCK. TEXAS PURPOSE PASSION. PROSPERITY. CITY OF ROUND ROCK, TEXAS INVITATION FOR BID ADDENDUM PRINTING AND MAILING SERVICES FOR UTILITY BILLS IFB No. 10-024 Addendum No. _ ,1 Date of Addendum: September 3, 2010 The following items in the IFB identified above have been changed: Paragraph 5.2 of Part11, Specifications is changed to: Delinquent Notices: Electronic billing data received shall be printed on single side of 8-1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3- 1/2 inches from the bottom edge, in the format and font size identified on the sample or as agreed to by the City and Vendor. All other terms and conditions of this IFB and specifications remain unchanged. Approved by 77/1 By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced IFB: ACKNOWLEDGED Vendor Authorized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO TI -IE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Meyer Man McGraw Mayor Pin -Tem Joe Clifford Cotncikrtenb a Rufus Honeycutt George White Carlos T. Salinas John Morvan Kris Whitfield City Manager lames R Nuse. P.E. City Attorney Stephan L. Sheets September 3, 2010 RE: IFB NO. 10-024 — PRINTING AND MAILING SERVICES FOR UTILITY BILLS Dear Bidder, The following is in response to questions regarding the Solicitation referenced above. Question: Should the pricing for mailing in lines #1 and #2 include all statement printing, envelopes and mailing services. Answer: Yes Question: Do the other options (6-19) listed need to be priced with just the option, or as a complete "package", meaning all mailing services included as well? Answer Just the options where applicable. Question: Could your IT department provide a sample of the data (even if names, etc. are removed) so that we can verify our ability to manage the data properly with our current software or determine if need to acquire additional software. As mentioned many organizations utilize different programs so we want to be 100% sure we are all on the same page. Answer. See attachment Question: Will you be maintaining NCOA? Answer. The City maintains a First Class Permit only. Vendor shall fund and maintain all mail accounts and permits required. Question: Do we print the #9 envelopes, 1 color Answer: Yes Question: On the 1 color imprint on the billing front page, will you be providing the chart as an object in your files or will we have to create it from scratch? Answer: Vendor shall create chart from scratch. Question: Where on the bid sheet do we show the price for the #10 and # 9 envelopes? Answer. Included with item No. 1 and 2 However, pricing for information is provided on page 2 of 2 on the Bid Sheet. Question Usually we have an approval process showing you a PDF sample of a bill Imprinted before we process all records. Is that part of your expectation with this 24 hour turnaround? If so what hours would someone be available to approve -2 Answer We expect the proof and approval process to be complete within 2 hours after Vendor is in receipt of file Note: The expectation is that Bills and Notices be mailed within 24 hours of receipt of a clean file from the City. Question: Is printing on #10 envelopes for Late notice a different version than Billing? Answer Yes, Billing envelope shall have "WATER BILL ENCLOSED" printed above the window and the Notice envelope shall have Logo and return service requested only. CITY Of ROUND ROCK FINANCE DEPARIMEM, 221 East Main Street • Round Rock, Texas 78664 Phone 512218.5400 • www.roundrocktexas.gov Question: I assume all # 9's are the same. Answer Yes Question: Is the Late Notice variable printed front and back. Answer Front only Question: Utility Bill Shell - Does the indicated 2 PMS "shell" colors print 2 PMS on both sides? Answer: Front only Question: Delinquent Notice Shell - Does the indicated 2 PMS "shell" colors print 2 PMS on both sides? Answer: Front Only Question: For easy clarification, can you make full color PDF's of front and back of BOTH forms available for download? Answer: See Attachment Question: Is all variable data in black ink only? On both forms? Answer Yes Question: Is variable data print on both sides? On both forms? Answer No, on Bill only not Final Notice. Question: Who is your current contracted vendor? Answer You will need to submit an open records request for this information at http://vvww.roundrocktexas.gov/home/index.asp?paqe=864 Question: What is the current cost being paid under that contract for each line item noted on the bid sheet? Answer: You will need to submit an open records request for this information at http://www.roundrocktexas.gov/home/index.asp?page=864 Question: In the options portion of the IFB, I needed clarity on option 1; By full color do you mean variable color all over the front or do you mean four colors on the preprinted form? Answer: Full color all over the front Question: When you speak of one color, do you mean black, red, blue, etc.. ? Answer: Yes The City appreciates your time and effort in preparing this bid. Please note that all bids must be submitted in a sealed envelope marked " DO NOT OPEN — Bid — Printing and Mailing Services" and received by the Purchasing Department, City Hall, 221 East Main Street, Round Rock, Texas, 78681 no later than 3:00 p.m. on Tuesday. September 14, 2010. Bids received will be opened and read aloud in the City Council Chambers Thank you for your continued interest in doing business with the City of Roud Ro CMB/s arolyn rooks.CPPB Purchaser (512) 218-5457 Account Number City of Round Rock Utility Billing Prepared For: ROUND ROCK, TEXASminolo PURPOSE PASSION. PROSPERITY: Specification No. 04-915-58-02 Attachment A Full Color Print of Utility Bill 34652801 Total Amount Due $59.64 Total Amount Due $59.64 Account Natnbet Due Date 09/17/2010 Penalty Date 09/20/2010 Amount Due After Due Date $65.50 13,500 12,000 10,500 9,000 7,500 6,000 4,500 3,000 1,500 0 WATER CONSUMPTION tin gallons) d app 4:. N- . Last Year This Year *Includes Optional Friendly Rock Donation Current Activity Summary Current Bill Date 08/27/2010 Last Payment was received on 08/13/2010 In the amount of -$55.30 Water $28.92 $29.72 $58.64 $1 00 $59.64 Wastewater Total Due Optional Friendly Rock Donation Total Amount Due See reverse side for more details Special Messages PLEASE NOTE: The Total Amount Due reflects an OPTIONAL $1.00 donation to Friendly Rock. These funds go to help our neighbors in need with their water bill. If you choose not to donate, please check the "None" box below. Thank you for paying on time! We appreciate your promptness. RR-8ILL_05Q9 Detach and mail stub with your payment; or bring entire e age when paying in person 34652801 Due Ddtc 09/17/2010 Penalty; Elate 09/20/2010 Amount Duc After Duc Date $65.50 IIuIIInIuIlnlnluli 1 1111 �'`. **AUTO**SCH 5 -DIGIT 78680 �mrsiontsraimitims nawaraemoommianibrommimisime 1 *Includes Optional Friendly Rock Donation You can help those in need pay for essential water services. Simply check box and sign below to add a different donation anis nt to your monthly bill. D None 0 $3 D $5. D Other$ Signature 0101142 ACCOUNT NUMBER DUE DATE Specification No. 5-58-02 hment A Full Color Print Cut- ff Notice TOTAL AMCUNT DUE rAIDEvCUEDATE 32559900 08/31/2010 $ 78.28 RRRRRRRRRR CUT-OFF NOTICE Oeeeott tufa W0 nn,m *al your payment 10 envelope otoNded. Plasm do not 1o0G m Haat tlYe stub to the Payment theca. QQ L Via -0-2 asimemsoriiiiiiat 66 inIIn.IeeIItthI Mail to: City of Round Rock 221 East Main Street Round Rock, Texas 78664 512-218-5460 ROUND ROCK, TEXAS PURPOSE Pta5SION. PROSPERFFY. CUT-OFF NOTICE YOUR ACCOUNT IS PAST DUE. IF PAYMENT HAS BEEN MADE, PLEASE DISREGARD THIS NOTICE. Water service may be disconnected if amount shown is not paid on or before due date. Failure to pay may also subject your bill to a service charge. No further notice will be given. If you disagree with the amount due, contact the Utility Billing Office before the date printed on this notice. AVISO DE INTERRUPCION SU CUENTA ESTA ATRASADA. Si EL PAGO SE HA HECHO, FAVOR DE IGNORAR ESTE AYISa EI serviclo de ague sera desconectado si la cantidad rnostrada no es pagada antes, 6 en la 'eche de vencimiento: La 'alta de pago puede someter.su cuenta a una comisibn por operacirn. No se enviara ningtin aviso adiciooal. Si no este de acuerdo con to cantidad vencida, (tame a la oficiria de cobras antes de la fecha Indicada en este aviso. City of Round Rock Utility Billing 221 E. Main Street Round Rock, Texas 78664-5299 512-218-5460 www.roundrocktexis.gov Pay by phone 1-800.565-1800 Convenience fees apply Lobby Hours 9 A.M. - 5 P.M. Monday -Friday Drive Through 8 A.M 6 P.M. RR.+CIITOFF-0410 Specification Ercgp 1 of4 <?xml version="1.0" ?> 04-915-58-02 - <Accounts> Sample Data - <Account No="DH-0001-00" Name="DERTON HOBART PHD"> <Acct_det Zn="DH" Drf_cst="N" Cst_cts="RE" Email="DHOBART@RR.USA.WHAT.NOADDRESS.COM" L_p_dt="12/10/2009" L_p_amt="0010000.00 L_b_amt="0002614.24" T_pmts="0010000.00-" T_adjs="0000000.00" T_amp_adjs="0000000.00" T_pens="0000000.00" arrear="0003733.63" Age_1="0003733.63" Age_2="0000000.00" Age 3="0000000.00" Age 4="0000000.00" T_cut="0000000.00" Winter_avg="000000.0000" Dep_app="0000000.00" Refunds="0000000.00" Bitl_copy="001" /> <Address_info Ssa="1405 S GORDON ST 14A" St_no="1405" St nm="S GORDON ST" St un="14A" B_attn="ATTN: JAY BLUES" B_al="1407 S GORDON ST" B_a2="STE 2000" B_city="TYLERVILLE" B_st="TX" B_zip="79414-0123" /> <Bill_det F_bill="N" S_fr_dt="01/24/2010" S_to_dt="02/23/2010" Due_dt="11/05/2009" Bill_dt="11/01/2009" Drft_dt="11/01/2009" Pen_dt="11/10/2009" Net="0002202.78" Tax="0000001.94" Dep="0000000.00" Due="0005938.35" Pen="0000005.93" Due_pen="0005944.28" Disc="0000000.00" Disc_dt="00/00/0000" Amp_amt="0000000.00" Amp_b_net="0000000.00" Amp_resv="0000000.00" T_b_mtr="0000065.12" T_b_nmtr="0002140.00" /> - <Service Ty="Meter" Cd="EL" L_des="ELECTRIC" S_des="ELECTRIC - RES" Serv_code="005" R_tbl="RES"> <Meter_info M_no="ELMTR123" M_scl="0001.000" M_unt="0002" M_size="BIG MTR" /> - <Serv_info Days="030" Est="" Pr_read="000000000220" Cr_read="000000000230" Usage="000000000010" Mtr_Usage="000000000010" Chg="0000020.08" Tax="0000001.66" Fa="00000000.50" F_fact="00.01000000" T_chg="0000021.84" Pr_read_date="01/24/2010" Cr_read_date="02/23/2010" Prorated="N"> - <Chg_det Base="0000019.00" First_Base="0000014.00" Addl_Base="0000005.00"> <Step Amt="0000000.20" Quan="0000000002" Rate="0000000.100000" /> <Step Amt="0000000.88" Quan="0000000008" Rate="0000000.110000" /> </Chg_det> </Serv_info> - <Demand D_usage="000040.0000" Dread="000040.0000" D_scale="0001.000" D_rtch="0" D_chg="0000038.59" D_tax="0000000.00" D_f adj="00000000.40" D_t_chg="0000038.59"> - <D_chg_det D_base="0000001.00"> <D_step D_amt="0000000.05" D_quan="000001.0000" D_rate="0000000.050000" /> ' <D_step D_amt="0000000.14" D_quan="000002.0000" D_rate="0000000.070000" /> <D_step D_amt="0000037.00" D_quan="000037.0000" D_rate="0000001.000000" /> </D_chg_det> </Demand> - <Cons_hist Cons_prd="02/2009"> <Year Yr="2007" Jan="0000000000" Feb="0000000000" Mar="0000000000" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> <Year Yr="2008" Jan="0000000000" Feb="0000001500" Mar="0000000300" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> <Year Yr="2009" Jan="0000000023" Feb="0000000010" Mar="0000000000" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> </Cons_hist> </Service> - <Service Ty="Meter" Cd="WA" L_des="WATER" S_des="WATER - SLAVE" Serv_code="010" R_tbl="SLV"> <Meter_info M_no="DH0012345" M_scl="0001.000" M_unt="0001" M_size="newsize" /> - <Serv_info Days="030" Est="" Pr_read="000000001030" Cr_read="000000001035" Usage="000000000000" Mtr_Usage="000000000005" Chg="0000000.00" Tax="0000000.00" Fa="00000000.00" F_fact="00.00000000" T_chg="0000000.00" Pr_read_date="01/24/2010" Cr_read _date="02/23/2010" Prorated="N"> <Chg_det Base="0000000.00" First_Base="0000000.00" Addl_Base="0000000.00" /> </Serv_info> - <Cons_hist Cons_prd="02/2009"> <Year Yr="2007" Jan="0000000000" Feb="0000000000" Mar="0000000000" Apr="0000000000" May="0000000000" Jun="0000000000" Jui="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> <Year Yr="2008" Jan="0000000000" Feb="0000001000" Mar="0000000100" Apr="0000000300" May="0000000006" Jun="0000000155" Jui="0000000079" Aug="0000000042" Sep="0000000029" Oct="0000000005" Nov="0000000010" Dec="0000000000" /> <Year Yr="2009" Jan="0000000010" Feb="0000000005" Mar="0000000000" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> </Cons_hist> file://Z:\Specifications, Master\Specifications, Active\Printing & Mailing Services, Water Billing,04-915-5... 9/3/2010 BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be retumed to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govem. Bids subject to unlimited price Increase will not be considered. 1.6 Bid prices shall be fine for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be considered in determining the low bid. All cash discounts offered will be taken if earned. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right corner. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Govemmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to fumish brand names, numbers, etc, as specified in the IFB. 2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery In fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list (See 4.2 following.) 4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to Inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims invoMng infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor Intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the fine, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firth, corporation, or entity has violated the antitrust laws of this State codified In Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor, or any other person engaged in such tine of business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terms and conditions attached to bld will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain all the terms and conditions of Its formal IFB; In particular, all bidders affirmations and certifications must be included. Submission of bids on forms other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date. PAGE 1 of 1 REV: 04-04-05 REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER: BIDDER'S NAME: DATE: Provide the name, address, telephone number and point of contact of at least three firms that have utilized similar service for at least three year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) 4. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Fax Number ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Reference Sheet Page 1 of 1 Dated: 05//2005 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPtRITI: City Council Agenda Summary Sheet Agenda Item No. 10E6. Consider a resolution authorizing the Mayor to execute an Agreement for Printing/Mailing Agenda Caption: Services with Burke Asset Partnership LTD dba Direct Mail Partners. Meeting Date: January 13, 2011 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: This agreement is for the purchase of goods, labor and services to print inserts and mail the City of Round Rock Water Utility Department Bills. This agreement also includes the mailing of late notices and other mailings as determined by the City. This is a two year renewal agreement with Direct Mail Partners for printing and mailing services. Two additional 24 month extensions are available. The Vendor will provide all materials, equipment, and labor necessary to import billing information, print statements and notices, fold and insert with return envelope and any additional printed inserts, seal mailing envelopes and mail to customers. Strategic Plan Relevance: 8.0 Maintain and enhance public confidence, satisfaction and trust in City government. Cost: $43,180.10 per year for a six year total of $259,080.60 Source of Funds: Utility Fund Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF PRINTING AND MAILING SERVICES FOR UTILITY BILLS FROM BURKE ASSET PARTNERS, LTD. dba DIRECT MAIL PARTNERS THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of goods, labor, and services to print, insert and mail the City of Round Rock Water Utilities Department bills on a weekly basis (referred to herein as the "A reement") is madeand entered into on this the 1S%. day of the month of 1�! -' , 206 j j , by and between the CITY OF ROUND ROCK, TEXAS, a h4hoomc rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and BURKE ASSET PARTNERS, LTD. dba DIRECT MAIL PARTNERS, a Texas limited partnership whose offices are located at 1505 Wallace Drive, Suite 154, Carrollton, Texas 75006 (referred to herein as the "Vendor" or "DMP"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. The purpose of this Agreement is to contractually bind Vendor to provision of all equipment, materials and labor necessary to receive and convert (if necessary) billing information for printing monthly water utility bills and cut-off notices, print statements and notices with variable billing data, fold and insert with return envelope and any additional inserts, seal mailing envelopes and mail to customers within City -specified timeframes. RECITALS: WHEREAS, City desires to purchase from Vendor the goods, labor, and services to print, insert and mail the City of Round Rock Water Utilities Department bills; and WHEREAS, City has issued its "Invitation for Bid" for provision of said goods and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 209085/j kg u.- Itebt-13 v L Mb 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and services and Vendor is obligated to sell specified goods and services. The instant Agreement includes the following: (a) City's Invitation for Bid designated IFB 10-024, Specification Number 04-915-58-02, revised August 2010; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified services, supplies, materials, or equipment. F. Vendor means Burke Asset Partners, Ltd. dba Direct Mail Partners, or any of its successors or assigns. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement shall be for one (1) twenty-four (24) month period from the effective date. This Agreement may be renewed for two (2) additional periods not to exceed twenty-four (24) months for each renewal, only upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. Prices shall be firm for the duration of the initial and renewal terms of this Agreement, except as otherwise provided for herein. 2 C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor may offer price decreases in excess of the allowable percentage change. D. City reserves the right to review Vendor's performance at any time during the initial agreement period or any renewal periods, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the goods and services as outlined in IFB 10-024, Specification Number 04-915-58-02 revised August 2010, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on the "Invitation for Bid (IFB), City of Round Rock Purchasing Office, Bid Sheet" contained in Exhibit "A" are awarded to Vendor. Vendor specifically acknowledges that the total bid amount accepted by City is $43,180.10. 5.01 COSTS Bid costs listed on the "Invitation for Bid (IFB), City of Round Rock Purchasing Office, Bid Sheet" contained in Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 3 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or B. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 4 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods and services as specified, City reserves the right and option to obtain same from other suppliers or sources. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 10-024 and its bid response. 13.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Irma Mendoza Utility Billing Manager 221 East Main Street Round Rock, Texas 78664 Telephone: 512-218-5465 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event, the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods and services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; B. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 5 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, by providing the City with one hundred twenty (120) days' written notice prior to termination of the Agreement; and in the event of such written notice of termination, Vendor shall continue services for a period of time not to exceed one hundred twenty (120) days after written notification. Termination under this subsection (C) of Section 16.01 shall not relieve Vendor of any obligation or liability that has occurred prior to cancellation. D. In the event City terminates under subsections (A) or (B) of this Section 16.01, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 6 19.01 ASSIGNMENT AND DELEGATION The parties each bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Burke Asset Partners, Ltd. dba Direct Mail Partners 1505 Wallace Drive, Suite 154 Carrollton, TX 75006 Notice to City: Cindy Demers Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephan L. Sheets City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 7 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision, which is of the essence of this Agreement, be determined void. 25.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. BURKE ASSET PARTNERS, LTD. a Texas limited partnership dba Direct Mail Partners By Burke Holdings, LLC, its General Partner By:�G�----- Title: G'/fiop eAavfiri A ex,c/cax Printed Name: ZgaeT- Af- e'' v Date Signed: /2 fre/2oiv 9 CITY OF)OUND ROCK, TEXAS By: Title: MitYQ Printed Name: ah M541X4 yy Date Signed: L.15.7411 yin FOR CIITY, ATTEST: By: i Sara L. White, City Secretary FOR CITY APPROVED AS TO FORM: By: Stepha L. Sheets, City Attorney INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 B10 F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED UNLESS OTHERWISE SPECIFIED BELOW FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW SID OPENING DATE a SID NUMBER N LOWER LEFT HAND CORIA OF SEALED SD ENVELOPE & SNOW RETURN ADDRESS OF MONO FIRM. BIDDING INFORMATION: BID NUMBER 10-024 Printing & Mailing Srvcs OPENING DATA 9/14/2010 at 3:00 P.M. BID LOCATION 221 E. Main Street, CouncU Chambers, Round Rock, TX 778664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID BIDDER SHALL SIGN BELOW Failure to sign bid will disqualify bid l i —AU !'9. Signature Laura Sullivan /o Date P DESTINATION: See 1.7 of Bidding Instructions on page 2 TAX ID NO.: 26-0018075 City of Round Rock LEGAL BUSINESS NAME: Burke Asset Partnership LTD. 221 East Main Street ADDRESS:1505 Wallace Drive, Suite 154 Round Rock, Texas 78664 ADDRESS: Carrollton, TX 75006 CONTACT: Laura Sullivan TELEPHONE NO.: (972) 446-3671 BUSINESS ENTrTY TYPE: Limited Partnership "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the bld made to any competitor or any other person engaged in such line of Bidder agrees to comply with all conditions set forth in this IFB. This is for the purchase of printing and mailing services for the City of Round Rock Water Utility Department weekly bills in accordance with specification No. 04-915-58-02, revised 08-2010 (10 pgs) Attachment A Bill Samples (5 pgs). The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the amount needed to satisfy operating requirements. _ • '''''t'. :,- ....--»--ki BID'SHEFE`< - :. ,, _. ...:... '. ITEM # CLASS & ITEM DESCRIPTION 915-58 ANNUAL QTY wkly x 52 weeks UNIT UNIT PRICE EXTENSION The City currently has 30,716 customers 1 BILLING CYCLE - 7679 WEEKLY 399,308 EA .095 37,924.26 ✓ 2 LATE NOTICES - 836 WEEKLY 43,472 EA .095 4,129.84 / 3 PROGRAMMING/TESTING CHARGE IF HOURLY CHARGE PROVIDE MINIMUM NUMBER OF HOURS BILLED MIN HOURS HR 0 4 FORMAT CHANGE OR SET-UP THIS SHALL BE A ONE TIME CHARGE0 EA 5 REPRINT OF "LOST IN THE MAIL' BILLS OVER THE THE ALLOTTED 100 1 EA .095 .095 / Bid Sheet EXHIBIT WAIT 11 OPTION NO. 5: INSERT TWO-SIDED, ONE COLOR PRINT 40,000 EA .0208 833.98 12 13 14 15 16 17 18 19 OPTION NO. 6: PRINTING ONLY, TWO-SIDED, ONE COLOR 34,000 EA .0219 744.46 OPTION NO. 7: INSERT OFF SET, TWO-SIDED, TWO COLOR PMS 40,000 EA .0279 1,115.96 OPTION NO. 8: PRINTING ONLY, TWO COLOR PMS 34,000 EA .0299 1,017.38 OPTION NO. 9: INSERT, OFFSET, TWO-SIDED FOUR CLOR CMYK 40,000 EA .0313 1,251.20 OPTION NO. 10: PRINTING ONLY- TWO-SIDED, 4 COLOR CMYK 34,000 EA .0313 1,063.52 OPTION NO. 11: COLORED BOND, 20-18, 8.1/2 X 11 40,000 EA .0099 414.00 OPTION NO. 12 COLORED BOND, 24-L8, 8-1/2 X 11 40,000 EA .0129 517.50 OPTION NO. 13: CITY PROVIDED INSERTS TO BE INSERTED 40,000 EA .0075 300.00 OPTION NO. 14: CITY PROVIDED INSERTS PREFOLDED 40,000 EA .0025 100.00 TOTAL 91,964.19 DELIVERY IN DAYS Bid Sheet 2 of 2 ::. - _-::'. oIL; 011CC 1 ITEM CLASS 8 ITEM DESCRIPTION ANNUAL. QTY UNIT UNIT EXTENSION VENDOR SHALL NOTE TYPE OF PRESORT MAIL BIDDING, COST AND WHERE MAIUNG OPERATION IS LOCATED. CARRIER ROUTE $ N/A 5 -DIGIT s .335 3 -DIGIT s .357 BASIC $ .414 PRESORT $ N/A AADC $ .360 MIXED MDC $ .382 LOCATION: Austin THE FOLLOWING IS REQUESTED FOR INFORMATIONAL PROPOSES ONLY: PAPER X VIRGIN (RECYCLED $ 11.87 WINDOW ENVELOPE X VIRGINRECYC LED $ 17.49 —� ENVELOPE X VIRGIN_RECYC LED $ 14.38 OPTIONS: PROVIDE UNIT COST OF OPTION AS SPECIFIED IN PART W OF THE SPECIFICATION. QUANTITIES LISTED FOR OPTIONS ARE BASED ON ESTIMATES FOR ONE BILLING CYCLE UNLESS OTHERWISE NOTED. 6 OPTION NO. 1: IN LIEU OF 2 -COLOR SHELL, PRINT BILL IN FULL COLOR 399,308 EA .09 35,937.72 7 OPTION NO. 2: ADDITIONAL COLOR PRINTED ON SHELL 399,308 EA .0111 4,449.69 8 OPTION NO. 3: INSERT. ONE COLOR, ONE-SIDED 43,472 EA .0164 710.90 9 OPTION NO. 4: PRINTING ONLY, ONE COLOR, ONE SIDE 34,000 EA .0189 643.98 11 OPTION NO. 5: INSERT TWO-SIDED, ONE COLOR PRINT 40,000 EA .0208 833.98 12 13 14 15 16 17 18 19 OPTION NO. 6: PRINTING ONLY, TWO-SIDED, ONE COLOR 34,000 EA .0219 744.46 OPTION NO. 7: INSERT OFF SET, TWO-SIDED, TWO COLOR PMS 40,000 EA .0279 1,115.96 OPTION NO. 8: PRINTING ONLY, TWO COLOR PMS 34,000 EA .0299 1,017.38 OPTION NO. 9: INSERT, OFFSET, TWO-SIDED FOUR CLOR CMYK 40,000 EA .0313 1,251.20 OPTION NO. 10: PRINTING ONLY- TWO-SIDED, 4 COLOR CMYK 34,000 EA .0313 1,063.52 OPTION NO. 11: COLORED BOND, 20-18, 8.1/2 X 11 40,000 EA .0099 414.00 OPTION NO. 12 COLORED BOND, 24-L8, 8-1/2 X 11 40,000 EA .0129 517.50 OPTION NO. 13: CITY PROVIDED INSERTS TO BE INSERTED 40,000 EA .0075 300.00 OPTION NO. 14: CITY PROVIDED INSERTS PREFOLDED 40,000 EA .0025 100.00 TOTAL 91,964.19 DELIVERY IN DAYS Bid Sheet 2 of 2 REFERENCE SHEET Please Complete and Return Thls Form with the Solicitation Response SOLICITATION NUMBER: 10-024 Printing & Mailing Services BIDDER'S NAME: Direct Mail Partners DATE: September 14th, 2010 Provide the name, address, telephone number and point of contact of at least three firms that have utilized similar service for at least three year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 4. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Galveston County Tax Assessor -Collector Ken Laird Chief Deputy of Property Tax kenlaird@co.gaiveston.tx.us 722 Moody (21st Street), 5th Floor Galveston, TX 77550 ( 409 ) 766-2476 Fax Number ( ) Imperial Fire & Casualty Insurance Mark Depperschmidt Quality Assurance & Business Integration Mark.Depperschmidt@Imperialfire.com 14800 Quorum Drive, Suite 250 Dallas, TX 75254 ( 800 ) 960-7777 x1148 Fax Number ( 972 ) 590-3289 National Employee Benefits Company David Collier AmWINS Group Benefits Dcollier@nebenefit.com 4829 W. Royal Lane Irving, TX 75063 ( 817 ) 298-5848 Fax Number ( ) ( ) Fax Number ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Reference Sheet Page 1 of 1 Dated: 05112005 • ROUND ROCK. TEXAS PURPOSE P*SSKIK PRCKPFRITY CITY OF ROUND ROCK, TEXAS INVITATION FOR BID ADDENDUM PRINTING AND MAILING SERVICES FOR UTILITY BILLS IFB No. 10-024 Addendum No. 1 Date of Addendum: September 3, 2010 The following items in the IFB identified above have been changed: Paragraph 5.2 of Part II, Specifications is changed to: Delinquent Notices: Electronic billing data received shall be printed on single side of 8-1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3- 1/2 inches from the bottom edge, in the format and font size identified on the sample or as agreed to by the City and Vendor. All other terms and conditions of this IFB and specifications remain unchanged. Approved by By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced IFB. ACKNOWLEDGED �irc ite/ & AJee..s Vendor q/3/6 th. zed Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. Delivering Documents!' Bid Number: 10-024 RFP FOR: Printing and Mailing Services OPEN: September 14th, 2010 1505 Wallace Dr. Ste: 154 - Carrollton Texas 75006 - Phone: www. directmailpartne 111 C 0 1117 4 (1 \` i_ � 1 )!tr,_11:u}1' :i�t ;� ► «,r1 11 i?! 1) 122 :2-0-1 )lit! t': 1+; '1 1 14)-.,f)i 1 1%xt :1) i I • Table of Contents Request for Proposal Terms and Conditions 1 Scope of Work 1 Company Overview and Qualifications 2 Location of Staff & Resources 3 Hours of Operation 3 Differentiating Factors 3 ADEPT - Automated Document Electronic Production Technology 3 ADEPT System Structure 4 Breadth of Services 4 Experience 4 Similar Municipal Customers 5 Data Security and Identity Theft 5 Document Integrity 5 Printer Jams 5 Security Environment 6 Documents Printed by DMP 7 Work Plan 8 Contingency Plan 11 Backup and Recovery Site Capabilities 11 Signature Page & Pricing 13 References 15 Direct Mail Partners (DMP) is pleased to offer the following proposal to Round Rock Utilities (RRU) for the production of Utility Bills and Cut -Off Letters. Described within our response is our understanding of the work to be performed, why Direct Mail Partners is the best qualified vendor to perform the services requested, and our pricing structure. Request for Proposal Terms and Conditions RRU is soliciting a Contractor to provide a turnkey solution for all the necessary services to print, fold/insert, presort, and mail all work described within the RFP. DMP has read, understands and accepts all of the provisions outlined within this request including: • Part I - General • Part II - Specifications • Part III - Agreement Terms and Conditions • Part IV - Delivery, Acceptance and Payment • Part V - General Clauses and Conditions • Part VI - Options • Attachment A o Utility Bill Shell o Cut Off Notice Shell o Billing Data Printed on Shell o Billing Data Printed on Reverse of Bill o Envelopes • Addendum 1 Scope of Work • All statements will be presorted by DMP to the lowest available USPS postage rate with the proper address and barcodes using USPS approved CASS software. • Bills & Cut -Off notices shall be processed within 24 hours of file receipt. • The XML with ASCII files will be sent to a DMP managed secure FTP site for download by DMP on a weekly basis. • On a weekly basis, DMP will print, insert and mail customer bill and Cut -Off Letters. • DMP currently prints the Postnet barcode or Intelligent Mail Barcode in compliance with USPS requirements. • All paper and ink will conform to bank specifications for automated receipt processing, including cleanliness, porosity, opacity, reflectance, color, smoothness, and unconstrained flatness. • DMP will perform backups of print files for retention until verification of printing and mailing are confirmed by RRU followed by a RRU approved deletion mechanism. Direct Mail Partners • DMP will provide the means for secure data transmissions with email confirmation of file receipt. • DMP is a full service company with complete backup and disaster recovery capability between our Dallas and Austin facilities. All printing and mailing services will be completed in-house at Direct Mail Partners to provide Round Rock Utilities a single point of contact for all production requirements. Company Overview and Qualifications Direct Mail Partners is a privately held Company headquartered in Carrollton, Texas, a north Dallas suburb. The Company's services include creative design, data processing, composition, document preparation, electronic bill presentment and payment (EBPP), automation letter shop/mail shop, laser printing, business reply mail management, fulfillment, bindery and all types and service levels of presort services. Our mantra is simple: "Do it right, on time, the first time, every time". Direct Mail Partners was established in 1992 and acquired by the current owners in March 2002. The Company is privately owned by Burke Asset Partners, LTD, a Texas Limited Partnership, and Burke Holdings, LLC, the General Partner. Kristi K. Burke is the majority owner of both entities. Kevin M. Burke owns the remaining interest in both entities. Both Mr. and Mrs. Burke are intimately involved in the day-to-day operations of the Company. As a measure of our success, Direct Mail Partners has experienced compounded annual revenue growth in excess of 50% under the current ownership since acquisition. Direct Mail Partners' working philosophy is that the customer always comes first. That includes unsurpassed attention to detail in client projects and bids, coupled with personalized service throughout planning and execution. We measure our success in terms of customer satisfaction and retention. Due to our high level of on-time performance and exceptional customer service, Direct Mail Partners has retained over 99% of its' customer base and has had no early contract terminations within the last 3 years. Currently, over 100 active customers, operating in multiple states, are served by a diverse workforce of approximately 90 full-time employees and up to 10 part-time personnel. Our clients come from a variety of industries. We service public, private, and non- profit industries. Projects include data processing, printing, and mailing services for companies in Health Insurance, Property & Casualty Insurance, Financial Services, Manufacturing, and Service Industries. Public entities include County Tax Assessors, School Districts, Appraisal Districts, Utilities, and Sanitation Departments. Non-profit entities include churches, ministries, political candidates, and various associations. As a medium sized company, DMP is highly responsive to our customers' needs. Increasingly, customers' projects require quicker response times to incorporate changes. We pride ourselves on our ability to exceed these expectations. Direct Mail Direct Mail Partners 2 1 P 3g E. Partners can be counted on for an unsurpassed level of on time and accurate, error free service. Location of Staff & Resources DMP operates two production facilities; one in Carrollton, Texas (a suburb of Dallas) and a secondary facility in Austin, Texas. Both facilities are centrally located within the state of Texas. The Carrollton facility is the company's headquarters, located at 1505 Wallace Drive, Suite 154, Carrollton, TX 75006, houses the company's primary administrative, management, and marketing staff. This facility is equipped to support digital print, automated insert, mail services (including comingling residual mail for presort discounts) ID card production, bindery, specialty finishing services, and climate controlled warehousing. The Austin location is equipped and staffed primarily for digital print, auto insert, and mail services for transactional mail and direct mail, and provides creative graphics arts services with climate controlled warehousing. The Austin facility would be the main production site for the City of Round Rock Utility Bills. Hours of Operation Direct Mail Partners' operations are scheduled as needed 24 hours a day, 7 days a week, 365 days a year. DMP administrative and support staff maintain normal office hours of 9 to 5 Monday through Friday, Central Standard Time, but are also available as needed. Since all scheduling is done to ensure 100% on time performance, flexible scheduling of overlapping crews crossing various operational departments is available. Virtually all of our services are available year round, excluding mailing and presort services which are closed only on USPS recognized holidays. Differentiating Factors Direct Mail Partners has three core differentiators over our competition: • Our Automated Document Electronic Production Technology (ADEPT). • Our breadth of services • Our redundant locations for disaster recovery and low likelihood for natural disasters. ADEPT — Automated Document Electronic Production Technology DMP's Automated Document Electronic Production Tracking system (ADEPT) provides for automated processing, positive piece level tracking, and automated reporting. Direct Mail Partners 31Pie • For documents processed through an automated inserter, this provides for positive accountability of every page of every document, providing the highest level of document integrity available. • With or without the positive document tracking available thru ADEPT, production reports can be automatically delivered via email directly to mail box of whatever responsible agent(s) that the City of Round Rock assigns to monitor daily production. DMP's email notifications are fully customizable to our clients' needs. In some cases, our clients import piece level production statistics back into their own systems, allowing Customer Service Representatives the ability to communicate exact mailing dates to the recipient while working within their own applications. The number and types of email notifications vary from customer to customer and between various lines of business, depending on client requirements. ADEPT System Structure The basic structure of DMP's automated production engine and automated email notifications follows the same path for all customer projects: File Processing Confirmation, Daily Processing Report and End of Period Billing Report. In addition to the automated email notifications DMP sends to its customers, DMP relies upon numerous, internal, automated email notifications to track and manage its production: outstanding output to be printed report, outstanding output to be inserted, outstanding ID cards to be produced report, outstanding policy books to be produced report, job detail reports and various operator performance reports. Within this structure, all inventory items, employees, services and projects are assigned unique tracking numbers that are used in the system for tracking. These unique tracking numbers result in barcodes that are scanned throughout the process resulting in real time information for inventory reporting, employee productivity, project tracking, production scheduling, and piece level integrity validation Breadth of Services DMP offers a wide ranging variety of services that are geared to establishing itself as the one-stop provider for our clients outsourcing needs. We pride ourselves on our ability to meet the most stringent customer requirements as an enterprise print vendor. The breadth of our services offers cost savings opportunities for the City of Round Rock Utilities for the production of envelopes, inserts and newsletters. By producing all of the collateral materials either in-house or locally through one of our business partners, City of Round Rock Utilities will save on administrative costs and shipping charges. Experience Direct Mail Partners is a "Full Service" company. Our deeply committed customer service, on time performance, creative design, broad data processing and print composition capabilities, proprietary tracking and reporting technologies, and one stop Direct Mail Partners 41P3q shop solution sets us apart from the competition. Because our reporting and tracking systems are so robust, customers from various states throughout the United States comfortably count on Direct Mail Partners for all of their printing and mailing projects. Our goal is to be an invisible extension to our clients' operations. • DMP is a financially strong company with the resources to successfully complete the requirements of the City of Round Rock RFP. • DMP has a superior record of performance to our clients. • DMP is well insured with significant Commercial Liability, Umbrella Liability, Business Continuity, and Worker Compensation policies in effect. Similar Municipal Customers DMP clients currently include Ambit Energy, City of Dallas Water, City of Garland, City of Plano, and Dallas County. DMP also provides services to Galveston County (property assessments and tax statements), Higher Education Services Corporation (student loan invoicing and correspondence), Hallmark Insurance, Imperial Insurance, National Automotive Insurance Company, and Health Markets (Statements and correspondence). While these clients are not utilities, they require similar transaction print for invoicing and other correspondence in addition to more complex document composition services Data Security and Identity Theft Document Integrity Printer Jams. In December of 2009, DMP replaced most of its existing Xerox cut sheet and IBM continuous forms printers with Oce 6320 and 665 cut sheet production printers. The Oce printers were selected because their image print registration was the tightest available, and because of their positive internal accountability of the print imaging — the ability of the printers to maintain positive tracking of every impression and sheet across jams. For these reasons, and to preclude the possibility of misaligning the front and the back of a statement that can occur with continuous form printing, DMP plans that all printing will be done on Oce production cut sheet printers. In spite of the superior internal image accountability of the Oce printers, DMP employs a manual print verification process for all statement production jobs to ensure that the jobs are complete. a. Impression counts are noted in the printer logs and on the job tracking sheets before each print job is released and after each print job is finished. The image counts are then manually balanced against the expected impression counts. b. For any jams; 1. The print output is removed, the position of the jam is marked with a red sheet of paper, and the bad output is actually laid on the print stack at that point. Direct Mail Partners 5 P e 2. The printer operator will verify the sequencing of the statements, remove the bad output, but leave the red marking sheet in place. 3. Before releasing the job, the print supervisor will again verify the sequencing of the print output, and remove the red marking sheets. The supervisor's signature on the DMP work order controlling the job documents that this has been done. Security Environment Direct Mail Partners handles data, electronic documents, and physical documents containing sensitive Personal Financial Information (PFI), Protected Health Information (PHI) and other types of confidential information. DMP is committed to maintaining the highest levels of both physical and electronic security to protect this information from inadvertent or intentional disclosure, or identity theft. To this extent, DMP utilizes a blend of physical and electronic security systems, policies, and procedures designed to complement one another and provide the necessary physical security barriers, access control, and procedures for securely handling protected information, whether in electronic or printed form. DMP's security program meets the requirements of HIPAA Security Standards - 68 FR 8334, the USPS, the Fair and Accurate Credit Transaction Act and industry standard best practices for protection of sensitive information. The following extracts from DMP's security policy and procedures describe the company's security measures: DMP requires the active support of each and every employee in the maintenance of the Company's physical and information security programs. All security violations, no matter how slight, will be treated as serious infractions, and will result in disciplinary action up to, and including, dismissal. Because of the serious nature of even minor infractions, security violations may result in immediate dismissal without any prior infractions. The following policy will guide all DMP employees in the performance of their daily activities: • DMP physical and virtual operating environments are to be kept secure at all times. • All employees are to assume that all personal information, whether electronic or physical, requires protection. Only those individuals directly involved with the production, fulfillment, or transport of protected information will access or handle such information, and then only as required for business purposes. • Once information in any form is received by DMP, it will be protected for as long as it remains in DMP's custody. • No operational documents or data of any type will leave the DMP facilities except through controlled means as part of approved operational procedure. Direct Mail Partners 6)P•j Documents Printed by DMP All personalized documents produced by DMP will be treated as protected information. • Rejected or destroyed print work containing personal information will be placed in a secure bin for destructive recycling. • All production print jobs will be accompanied by a valid work order at all times. • Physical movement and accountability of documents will be as follows: o Movement of printed documents will be limited to the department areas required by the work order for processing that particular job. o Only those individuals whose job functions require contact with the materials of any given job will handle the documents. o All components of each job - to the individual document level - will be accounted for before any component of any job is moved from one department to another. This accounting will be restricted to specifically authorized personnel and recorded on the work order. The HIPAA security standards have been chosen as a benchmark, and are utilized to protect access to DMP networks, operating systems, application code, and all company and client data with special emphasis on protecting electronic Protected Health Information and Protected Financial Information. DMP's guiding policy for cyber security is to restrict access to networks, operating systems, applications, PHI, PFI and supporting hardware to those individuals and systems with valid operational requirements for utilizing the information in the performance of specific business functions, or those IT personnel requiring access for the maintenance and support of DMP's IT infrastructure: • PHI, PFI and application code stored and executed on secure servers. • Both working and back up data is stored and processed on secure servers (Internal NAT, firewalled, administrative authorization required). • Physical access is limited to IT and management personnel. • All machines and software are tracked and logged. • Strict hierarchy of user access is based on "need" for business requirements. • Password complexity and expiration periods strictly enforced. • Regular security updates to servers and all DMP machines including anti-virus and spyware updates. • Regularly scheduled backups of all OS, application code and data. • Database security in place using secure server with access control to machine and database. Remote access/file transfer security measures are as follows: • FTP (WinFTP and WinSSH) and LPD software (BARR) designated as the standards for remote access/file transferring to and from Direct Mail Partners. • FTP, and BARR - authorized, NTK (Need to Know) personnel and associated log in requirements have been implemented to protect and secure PHI/PFI. • FTP Data transfer requires the use of Digital Signatures (SSH) and Encryption key exchanges (SFTP/SSL/TLS). • SSH and FTP transfers utilize the following algorithms: o Key exchange Direct Mail Partners 7IPage • Diffie-Hellman • Gss-group and Gss gex • Encryption • Aes 128, 256 • Blow -fish • 3des • Twofish128,256 • Arcfour • Cast 128 o Data Protection • HMA • FTP session timeouts and lockouts are set to 20 minutes for idle communications and 5 illegal attempts in two minutes, respectively. • Number of internal authorized machines accessing PH[/PFI limited to 4 machines (2 servers, 2 workstations). • Directory access through remote access restricts users to a virtual "jailed" home directory. • Cisco Pix firewalls actively restrict and control internal and external network access. • Remote access activity logged from multiple sources to ensure security and integrity of data flow. Work Plan 1. Data print files are sent from Round Rock Utility to DMP's SFTP site via secure VPN, SSH, SSL, or https in accordance with a predetermined transmission schedule. An automated confirmation e-mail will be sent detailing the files processed. 2. Each file will be processed through DMP's proprietary production control system. Components of the same mailing (postal reports, tray tags, bills or letters) will be grouped on the same work order based on filenames. Any one-off or special production runs that are not part of the mailing will be grouped into separate work orders. a. The data files are interrogated for accuracy and completeness. b. Each data file is assigned a unique job number. c. The data is parsed and written into the appropriate table(s) on a record by record basis with a unique packet number assigned to each record. d. Impression counts and page counts will be derived for each print file and each mailing and recorded to a job tracking database table. e. An email notification will be generated listing the files received, and for each statement or correspondence file, the number of documents, the number of impressions in the file. f. A work order is generated for each mailing detailing the print file names, impression and document counts associated with those files, stock required, and production tasks, and the job is released to production. 3. A hard copy of the work order accompanies the production run throughout the production process. The work order will detail all of the component print files, Direct Mail Partners s 1 P ,Iy _. each task in the order it is to be completed, the department responsible for that task, and task specific instructions such as print stocks and insert job profiles. a. Each department and task on the work order carries a barcode. Each department, task, and employee performing the task is scanned into the production control system at the beginning and end of each task. b. As each task is completed, before the run is moved to the next task, a supervisor or manager must review the quality of the work and release the job to the next task. The print files will then be queued for printing. The files wilt be printed by separate mailings with all of the components of one mailing grouped into one production run as specified in the appropriate work order. All of the components of a single mailing (a single work order) are kept together throughout the production process. 4. Work orders will be used to control releasing the print files to the printers. All of the files for a single mailing will be printed in sequence, with all of the printed components of that mailing staged together as a single production run and kept together throughout the production process. a. Print files will be spooled and released to the printers in the exact sequence required for mailing. b. Any jams or misprints are marked in the output stacks, and retained until the end of the print run for reprinting. Reprints are reinserted into the print output, the sequence numbers verified as correct and contiguous by both the operator and the supervisor. c. Each production run will be completed, verified for completeness, and reviewed for print quality by both the printer operator and a supervisor before being released for finishing. 5. Once released from print, the production run for each mailing will be staged for insert. a. Tray tags will be inserted into mail trays, and staged at the inserter output conveyer in order of use. b. Envelopes will be pulled from storage based on the Production Summary Report, and enclosure inserts will be pulled from storage based on the Insert Report for that mailing. The inventory tracking system will be updated as the items are pulled for use. 6. Inserting will be done on the basis of individual production runs by mailing. DMP's intelligent inserters read either the 3 of 9 or 2D barcode on each statement, and record the status of each statement at each station on the machine. a. A definitive, positive control, based on capturing and recording the successful insertion of each mail piece, and each page of each mail piece, will be employed during all auto insert operations. This provides 100% assurance that every page of every mail piece is accounted for. This is Direct Mail Partners 9 1 P a g e the highest level of document integrity available, and is practical and cost effective for auto insert operations. b. A reference book called a "runbook" will be maintained in the auto insert area for use in verifying the setup of the inserter. For each Round Rock Utility mailing, the runbook will contain samples of each active enclosure insert, with the name used by Round Rock Utility to identify it on the Insert Report. The runbook will setup the inserter with the correct job profile, load the envelopes and enclosure inserts, and stage all replenishment materials. A supervisor will verify that all is correct before the run is started and will indicate such on the work order. c. The inserter reads the instructions contained within the barcode on each page of each statement. d. If any expected statement is missing or out of sequence, the inserter stops and identifies the error to the operator. The operator determines and corrects the fault, or immediately escalates the error. e. Each statements barcode also carries instructions for any required enclosure feeds, such as flyers or return mail envelopes, and triggers the feed when the packet reaches the appropriate position on the inserter. A separate sensor records the enclosure being added to the packet, and the inserter records this action. If a required enclosure fails to drop, the inserter likewise stops and identifies the error to the operator for correction. f. As the inserter processes each statement, it captures the data for that statement. This data is then written to the ADEPT data tables on a record by record (statement by statement) basis, to confirm that each statement has been accounted for and is complete. g. Any statement removed from the inserter before the finished mail piece has passed thru the meter, the inserter records it as an error. This statement is not updated as complete in ADEPT. These damaged pieces are removed and held for reprint. h. As the mail pieces are completed and exit the inserter, they will immediately be placed in the correct tray, with the trays sleeved and banded as they are completed. i. At the end of each production run, the run is balanced against the machine and meter counts, as well as against the individual records of complete and incomplete statements. Incomplete production runs are staged in a holding area, and reprints are generated on a priority basis. All activity is noted on the Work Order accompanying the production run. j. Once the reprints have been generated, they are inserted, scanned, and metered. The finished reprints are then inserted into the appropriate mail trays, and the run is again balanced against the machine counts, meter counts, and against the individual statement data records. k. When all statements are accounted for, the supervisor will release the run to the Mail Handler. 7. Once each run has been balanced and verified, the Mail Handler verifies that the mailing is complete, conducts the required postal quality assurance testing, Direct Mail Partners 10 P,3 ie and schedules the mailing for delivery to the post office or mechanical presort, as required by the project. Contingency Plan Backup and Recovery Site Capabilities Because our business is highly dependent on specialized equipment and information systems, Direct Mail Partners recognizes that business continuity is an integral part of business operations. Direct Mail Partners' business organization, physical plants, and operating procedures are engineered to ensure that we can maintain production operations internal to each facility in the face of minor to moderate interruptions, and can readily shift and/or supplement production activities to a backup location in the event of serious interruptions. Direct Mail Partners provides for business continuity on two levels: • Within each facility, DMP provides redundant productions systems to facilitate schedule preventive maintenance and to ensure that the loss of a single piece of equipment does not halt production. • Direct Mail Partners also maintains two production facilities in geographically separate locations: one facility in Carrollton, Texas, and a second facility in Austin, Texas. These two facilities are equipped and staffed to support the same core business operations at both locations, including printing, inserting, and mailing operations. Each facility serves as an alternate or backup production site for its sister facility to support continuing business operations as needed. The DMP facility in Austin, Texas will be the primary production site for the City's statements, notices, and correspondence, and will schedule the City's production into its daily operations. DMP's facility in Carrollton, Texas will be the backup production site. The Carrollton facility has sufficient unallocated daily print and insert capacity to absorb all of the transactional mail production. In the event of a major outage at the primary production site, production operations for the City will be shifted to the backup production site. DMP's policy is to incorporate the requirements for business continuity into its ongoing operations. To this extent, DMP's Business Continuity Plan requires annual testing. However, DMP normally exercises its business continuity plans on at least a quarterly basis. These events typically involve moving actual production (not just test production) between our two facilities, including the coordination and movement of client specific preprinted stocks. For example, DMP recently tested six separate jobs, each which contained protected financial information, and were moved from Austin to Carrollton. Standard 20# white paper was used for the print, but client specific envelopes and a variety of preprinted inserts were also moved from Austin to Carrollton. This stock was pre -staged in Direct Mail Partners 111 Pao e Carrollton for this exercise. However stock can readily be moved between the two locations via company owned trucks and vans in a little as four hours. • Each job contained from 1 to 110 separate print files. • Each print file contained from 50 to 5000 separate variable page length documents to be printed and inserted. • DMP received the files in Austin, moved the files to Carrollton, processed the files to identify the start/stop of each document, assigned unique document and page tracking numbers, imaged a small 2D bar code on each page, printed, inserted, and provided 100% accountability for every document in every job. Because this was a scheduled exercise, the shift from Austin to Carrollton was begun as soon as the files were received, and all of the production was completed within the standard service level turnaround time. Direct Mail Partners 121Pag- SPECIFICATION NO. 04-915-58-02 REVISED: AUGUST 2010 CITY OF ROUND ROCK PRINTING AND MAILING SERVICES FOR UTILITY BILLS PART I GENERAL 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods, labor and services to print, insert and mail the City of Round Rock Water Utilities Department weekly bills as identified on the Invitation For Bid (IFB). 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Agreement - A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.2. Bid/Proposal - is a complete, properly signed response to a Solicitation that if accepted, would bind the Bidder/Proposer to perform the resulting contract. 2.3. Bidder/Proposer - identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.4. Billing Cycle - Represents the water billing process from reading water meters, uploading the information to the system, transferring the compiled data to the contractor for printing the bills and any delinquent notices needed for bills more than two days past due, inserting bills and notices into envelopes and mailing to the City's utility customers. 2.5. Billing Information/Data — Identifies the variable billing data (account number, due date, total amount due, consumption etc.) that is to be printed on a preprinted shell. 2.6. City - Identifies the City of Round Rock located in Travis and Williamson Counties, Texas. 2.7. Goods - represent materials, supplies, commodities and equipment. 2.8. Piggyback Contract - A term used to identify contract/agreement or purchase order that has been competitively bid in accordance with State of Texas statutes, rules, policies and procedures and have been extended for the use of state and local agencies and active State of Texas CO-OP entities. 2.9. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.10. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified. 2.11. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. Page 1 of 10 SPECIFICATION NO. 04-915-58-02 REVISED: AUGUST 2010 2.12. Vendor - (Sometimes referred to as Contractor) A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or purchase order. 2.13. Working day — defined as Monday through Friday 8:00 a.m. to 5:00 p.m. 3. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that any vendor or person considering doing business with a local government entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local govemment entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to: City of Round Rock City Secretary 221 East Main Street Round Rock, Texas 7866 Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's proposal. 4. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks City of Round Rock 221 East Main Street Round Rock, TX 78664 Telephone: 512-218-5457 cmb@round-rock.tx.us The individual listed above may be contacted for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. 5. BEST VALUE: AU bids received shall be evaluated based on the best value for the City. In determining best value, the City may consider: 5.1. The purchase price; 5.2. Reputation of the bidder and of bidder's goods and services; 5.3. The quality of the bidder's goods or services; 5.4. The extent to which the goods or services meet the City's needs; 5.5. Bidder's past relationship with the City; 5.6. The total long-term cost to the Municipality to acquire the bidder's goods or services; and 5.7. Any relevant criteria specifically listed in the solicitation. 6. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. Page 2 of 10 PART II SPECIFICATIONS 1. SCOPE: This specification describes a service to print, insert and mail the City of Round Rock Water Utility weekly bills. Services shall include, but not be limited to all labor, materials and equipment necessary to perform these services in accordance with the minimum requirements herein and as mutually agreed between the Bidder and the City. 2. STATEMENT OF INTENT: It is the intent of the City to establish a multiple year agreement with a responsible bidder to provide printing and mailing of water utility billing cycle as specified. The initial agreement shall be for a 24 month period with two consecutive extension periods, as mutually agreed upon. Quantities on the bid are estimates only. 3. SERVICE RESPONSIBILITIES: The Vendor shall provide all equipment, materials and labor necessary to receive and convert (if necessary) billing information for printing monthly water utility bills and cut-off notices, print statements and notices with variable billing data, fold and insert with return envelope and any additional inserts, seal mailing envelopes and mail to customers within the specified time. 3.1 Billing Cycle: The volume of bills is estimated at approximately 7,679 on a weekly basis. The Vendor shall be responsible for the timely mailing of four billing cycles: 3.1.1 Cycle 1 = 9,631 processes the 17th day of the month, 3.1.2 Cycle 2 = 10,185 processes the 24th day of the month, 3.1.3 Cycle 3 = 2,935 processes the last day of the month and, 3.1.4 Cycle 4 = 7,462 processes the 7th day of the month. 3.2 Cut -Off Notices: The volume of notices is estimated at 126 per week. The Vendor shall mail notices within the number of days agreed to by the Vendor and the City after each billing date. NOTE: The City may increase the number of billing cycles to accommodate the City's growth. The City will notify the Vendor 30 days prior to any change in the billing. 3.3 Billing Information/Data: The billing information file is XML with ASCII text encoding: The Vendor shall: 3.3.1 Receive billing information from the City by a suitable method as agreed to by the City and the Vendor; however, the City prefers a secured electronic transfer via the internet. 3.3.2 Receive billing data from the City before 5:00 p.m. on the Thursday prior to any billing cycle which occurs on a Saturday or at a time that is agreeable to the Vendor and the City. 3.3.3 Receive billing data from the City before 5:00 p.m. on the Friday prior to any billing cycle occurring on a Monday or at a time agreeable to the Vendor and the City. 3.4 Mailing Schedules: The Vendor shall have prior City approval before changing the following mailing schedules:. 3.4.1 Bills shall be postmarked within 24 hours of clean data being received by the Vendor. 3.4.2 Cut -Off Notices shall be postmarked within 24 hours of clean data being received by the Vendor. 3.5 Contingency Plan: In the event that the service is interrupted due to equipment, personnel, etc., the Vendor shall have in place a contingency plan that shall guarantee all mailing schedules are met. Bidder shall provide detailed contingency plans to ensure mailing schedules are maintained: Failure to submit plan with the bid may disqualify bid from award. Page 3of10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 3.6 Staff: The Vendor shall provide well-trained staff to ensure quality service for the duration of the contract and extension periods. Bidder shall: 3.6.1 Provide to the City the name and telephone number of Vendor's primary representative and their backup. 3.6.2 Train personnel to ensure uninterrupted service. 4. PAPER MATERIALS: The Vendor shall be responsible for providing, maintaining and storing all materials needed to fulfill the requirements of the agreement. Materials shall include, but not be limited to the following. Paper products listed below are examples the City knows will work with its billing format. Vendors are encouraged to suggest alternate products that are more economical and conducive to their printing and mailing operation without changing or having an adverse effect on the billing format. 4.1 Paper, standard 8-1/2 inch by 11 inch, 20 pound bond with perforation across the bottom portion of the paper approximately 3-1/2 inches from bottom edge of the paper. Virgin or recycle paper is acceptable. 4.2 Envelopes: 4.2.1 Mailing envelopes should be #10, 24 -pound, single window, white with adhesive type flap. Virgin or recycle paper is acceptable. 4.2.2 Return envelopes should be #9, 24 -pound plain white with adhesive type flap. Virgin or recycled paper is acceptable. 5. PRINTING REQUIREMENTS: Printing of the billing statements, notices and envelopes shall be a two color PMS (blue and red) shell with black over print unless otherwise specified on the bid and/or requested by the City. Printing quality shall be sharp, clear and precisely registered. The City will provide digital format, camera-ready artwork. See Attachment B for samples. NOTE: Overruns shall not be charged to the City unless requested as a "Print Only" 5.1 Billing Statement: Electronic billing data received shall be printed on both sides of 8-1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3-1/2 from the bottom edge, in the format and font size identified on the sample or as agreed to by the City and Vendor. 5.1.1 Shell information may be preprinted on perforated paper 5.1.2 Electronic billing data shall be printed on preprinted shell identified or in a format agreed to by the City and the Vendor. 5.2 Delinquent Notices: Electronic billing data received shall be printed on both sides of 8- 1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3-1/2 inches from the bottom edge, in the format and font size identified on the sample or as agreed to by the City and Vendor. 5.2.1 Shell information that may be reprinted 5.2.2 Electronic billing data shall be printed on preprinted paper identified as in the sample or in a format agreed to by the City and the Vendor. 5.3 Mailing Envelopes: The envelopes shall one color print with the City's logo and address on the upper left corner and special message "WATER BILL ENCLOSED" printed just above the window. See Attachment B Page 4 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 5.4 Return Envelopes: The Envelopes shall be one color print with the City's address in the center of the envelope and postal barcode in the lower right corner. See Attachment B. 5.5 Additional Inserts: The City may require additional information to be printed and inserted with the billing statement. See Part VI Options. The City will provide artwork. 5.6 Overruns: The Vendor shall not charge the City for any overruns 5. INSERTING REQUIREMENTS: 5.1 Billing Statements shall be folded and inserted with the return envelope in a way that the customer's address and postal barcode is visible through the windowed mailing envelope. After insertion, the mailing envelope shall be sealed, sorted and mailed. 5.2 Delinquent Notices shall be folded and inserted in a way that the customer's address and postal barcode is visible through the windowed mailing envelope. No returned envelopes shall be required as an insert. After insertion, the mailing envelopes shall be sealed, sorted and mailed. 6. MAILING REQUIREMENTS: Vendor shall mail bills and notices in accordance with the United States Postal Service (USPS) guidelines for first-class presort mail automation for letters. NOTE: VENDOR SHALL BE RESPONSIBLE FOR FINANCIALLY MAINTAINING POSTAL ACCOUNT FOR THE CITY AT THE US POST OFFICE. Requirements include, but are not limited to the following: 6.1 Have pre-sort mailing permit. 6.2 Utilize Carrier route rates if/when available. 6.3 CASS/MASS certify addresses for lowest automated rates. 7. RESTRICTION OF INFORMATION: The Vendor shall be allowed to utilize the billing data provided solely for the express purpose of complying with the provisions of this agreement. The Vendor is prohibited from publishing, selling, or disclosing any information provided by the City for any other purpose. The Vendor shall be legally responsible for safeguarding this information and liable for any damages caused by the disclosure or use of the information. 8. SITE VISIT: The City and/or their representatives will have the right to visit and inspect the vendor's facility any reasonable time prior to award and/or to conduct unannounced visits during the performance of the service. 9. PROBLEM AND ERROR RESOLUTION: The Vendor shall: 9.1 Notify the City of business changes that may affect the performance of the agreement. 9.2 Immediately report any problems or errors to the City for resolution, e.g. printing error before and after mailing, mailing error and material or postage problems. 9.3 Reimburse the City by credit invoice for the number of incorrect mailings that used the City's materials. 9.4 Reimburse the City by credit invoice for the number of pieces mailed incorrectly. 9.5 Reprint lost in the mail bills at no cost to the City up to a quantity of 100 that may occur within a ninety (90) day period. 10. REPORTS: The Vendor shall provide to the City statements or reports as requested to include the following and any other pertinent information needed by the City: 10.1 Accurate documentation and reporting of the postal rates used for billing. 10.2 Itemized summary of bills and notices mailed weekly. Page 5 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 11. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as responsive and responsible. All bidders shall: 11.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 11.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 11.3 Provide references to include the name, address, telephone number and point of contact of at least three entities for which the bidder has preformed similar service and or utilized the exact technology within the past three years. Any negative responses received may result in disqualification of bid. 11.4 Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 12. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy operating requirements, which may be more or less than indicated. 13. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative(s) noted below. Irma Mendoza Utility Billing Manager City of Round Rock (512)218-5465 PART III AGREEMENT TERMS AND CONDITIONS 1. AGREEM ENT: The term of the Agreement resulting from the solicitation may be for a twenty-four (24) month periods of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term stated or until terminated or extended as provided herein. The City reserves the right to: 1.1 Renew Agreement for two (2) additional periods of time not to exceed twenty-four (24) months for each renewal provided both parties agree. 1.2 Review the following every twelve -months or renewal period: 1.2.1 Vendor performance; 1.2.2 Price; 1.2.3 Continuing need; 1.2.4 Advancements in technologies and/or service 1.3 The City may terminate the Agreement with or without cause or may continue through the next review or renewal period. 2. PRICE: The agreement price shall be firm for the duration of the contract or extension periods. No separate line item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental, demurrage, fuel surcharges, delivery charges and cost associated with obtaining permits or any other extraneous charges. 3. PRICE ADJUSTMENT: The City reserves the sole option to allow "unit price" adjustments upward, only as a result of a cost increase in goods or services in accordance with the Producers Price Index at http://stats.bis.00v/pal/home.htm. 3.1 Any price increase to this contract shall be requested by the Vendor in writing and shall be accompanied by the appropriate documentation to justify the increase. Request shall be received by City at least ninety (90) days prior to the agreement review date. Page 6 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 3.2 Vendor may offer price decreases, even in excess of the allowable percentage change, at any time during the contract term. 3.3 The City reserves the sole option to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. PART IV DELIVERY, ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery of goods and services shall be completed within the number of day bid. 2. ACCEPTANCE: Acceptance inspection should not take more than two hours after receipt of sample. The vendor will be notified within this time frame if the material delivered is not in full compliance with the specifications. If this service is canceled for non-acceptance, the needed goods and services may be purchased elsewhere and the contractor may be charged full increase, if any, in cost and handling. 3. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Attn: Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 4.1. There is a bona fide dispute between the City and Vendor conceming the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. PART V GENERAL CLAUSES AND CONDITIONS 1. LABOR: The Vendor shall provide all labor and goods necessary to perform the services. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. Page 7 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 2. EXCEPTIONS: Any variation from this specification shall be indicated on the bid or on a separate attachment to the bid. The attachment shall be labeled as such. 3. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. 4. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 5. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 10. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 11. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 12. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. In the event the Vendor elects to cancel the agreement, Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 13. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 14. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum Page 8 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance. 15. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 16. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 17. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 18. GOVERNING LAW: Any resulting agreement shall be govemed by and construed in accordance with the Laws of the State of Texas. 19. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 20. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART VI OPTIONS Options must be identified on the IFB to be required. 1. OPTION NO. 1: In lieu of bills printed two-color shell with black overprint, Print full color front side and black back side 2. OPTION NO. 2: Additional color printed on shell or preprinted form. NOTE: The City assumes this will require setup, which shall be priced as a onetime charge as noted on your bid and not included in the unit price. 3. OPTION NO. 3: Additional inserts, one color, one-sided print on standard 8-1/2" X 11" bond and inserted with regular billing statements. The City will provide information in digital formats or as camera-ready artwork. 4. OPTION NO. 4: Printing only - one color, one-sided print on standard 8-1/2" X 11" bond. The City will provide information in digital formats or as camera-ready artwork. 5. OPTION NO. 5: Additional inserts, offset, two-sided, one color print on standard 8-1/2" X 11" 24 - pound bond and insert with regular billing statements. The City will provide information in digital formats or as camera-ready artwork. Page 9 of 10 SPECIFICATION NO. 04-915-58-01 REVISED: JUNE 2010 6. OPTION NO. 6: Printing only— Offset, two-sided, one color print on standard 8-1/2" X 11" 24 - pound bond. The City will provide information in digital formats or as camera-ready artwork. 7. OPTION NO. 7: Additional insert, offset printing, two-sided, two color PMS on standard 8-1/2" X 11" 24 -pound bond and insert with regular billing statements. The City will provide information in digital formats or as camera-ready artwork. 8. OPTION NO. 8: Printing only — Offset, two-sided, two color PMS on standard 8-1/2" X 11" 24 - pound bond. The City will provide information in digital formats or as camera-ready artwork. 9. OPTION NO. 9: Additional insert, offset printing, two-sided, four color CMYK on standard 8-1/2" X 11" 24 -pound bond and insert with regular billing statements. The City will provide information in digital formats or as camera-ready artwork. 10. OPTION NO. 10: Printing only — Offset, two-sided, four color CMYK on standard 8-1/2" X 11" 24 - pound bond. The City will provide information in digital formats or as camera-ready artwork. 11. OPTION NO. 11: Colored bond, 20 -pound, 8-12" X 11" for printing inserts. 12. OPTION NO. 12: Colored bond, 24 -pound, 8-1/2 X 11" for printing inserts. 13. OPTION NO. 13: City provided inserts to be inserted with the billing statement. This preprinted form, if provided shall be inserted and mailed with regular billing statements. 14. OPTION NO. 14: City provided pre -folded inserts to be inserted with the billing statement. This insert, if provided shall be inserted and mailed with regular billing statements. 15. OPTION NO. 15: An alternate bid is requested from bidders that are capable of utilizing the Round Rock Post Office to mail bills and notices. The Contractor may utilize the City's mailing permit with the City paying the annual fee; however the Contractor shall be responsible for maintaining the account to cover mailing rates for all billing bills. Page 10 of 10 ATTACHMENT A PRINTING AND MAILING SERVICES UTILITY BILL SAMPLES • UTILITY BILL SHELL • CUT OFF NOTICE SHELL • BILLING DATA PRINTED ON SHELL • BILLING DATA PRINTED ON REVERSE OF BILL • ENVELOPES City of Round Rock Utility Billing Prepared For: ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Account Number Due Penalty Date Date Amount Due After Due Date Specification No. 04-915-58-02 Attachment A Preprinted Bill Total Amount Due WATER CONSUMPTION (in gallons) Last Year This Year RR-BIIL 009 Detach and mail stub with your payment or bring entire page when paying in person You can help those in need pay for essential water services. Simply check box and sign below to add a different donation amount to your monthly bill. 0 None 0 $3 0 $5 ❑ Other $ Signature ACCOUNT NUMBER DUE DATE TOTAL. AMOUNT DUE W PAID BY DUE DATE CUT-OFF NOTICE Detach this poroon and return with your payment in the envelope provided. pi. -e do not Iola or .mach this sn>b m the payment check. Specification No. 4-915-58-02 ttachment A reprinted Cut -Off Notice 1 Mail to: City of Round Rock 221 East Main Street Round Rock, Texas 78664 512-218-5460 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. NAME SERVICE ADDRESS ACCOUNT NUMBER CUT-OFF NOTICE YOUR ACCOUNT IS PAST DUE. IF PAYMENT HAS BEEN MADE, PLEASE DISREGARD THIS NOTICE. Water service may be disconnected if amount shown is not paid on or before due date. Failure to pay may also subject your bill to a service charge. No further notice will be given. If you disagree with the amount due, contact the Utility Billing Office before the date printed on this notice. AVISO DE INTERRUPCION SU CUENTA ESTA ATRASADA. SI EL PAGO SE HA HECHO, FAVOR DE IGNORAR ESTE AVISO. El servicio de agua sera desconectado si la cantidad mostrada no es pagada antes, 6 en la fecha de vencimiento. La falta de pago puede someter su cuenta a una comisidn por operacion. No se enviara ningiun aviso adicional. Si no esta de acuerdo con la cantidad vencida, Ilame ala oficina de cobros antes de la fecha indicada en este aviso. ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY City of Round Rock Utility Billing 221 E. Main Street Round Rock, Texas 78664-5299 512-218-5460 www.roundrocktexas.gov Pay by phone 1-800-565-1800 Convenience fees apply Lobby Hours 9 A.M. - 5 P.M. Monday -Friday Drive Through 8 A.M. - 6 P.M. RR -CUTOFF -0410 City of Round Rock Utility Billing Prepared For esomiummaUP ROUND ROCK, TEXASsenumwirommomm PURPOSE. PASSION. PROSPERITY Account Number 26063704 Due Date Penalty Date 07/10/2010 I N/A Amount Due After Due Date CREDIT BALANCE Specification No. 04-915-58-02 Attachment A Variable Data Printed on Bill Total Amount Due -$4.02 'Includes Optional Friendly Rock Donation Curt Activity $t�(rttrtary.__ Current Bill Date 06/21/2010 Last Payment was received on 06/11/2010 -$150.00 $27.94 Wastewater $27.49 Solid Waste $15.10 Credit Balance -$75.55 Total Due -$5.02 Optional Friendly Rock Donation $1 00 -$4.02 In the amount of Water Total Amount Due See reverse side for more details Special Messages PLEASE NOTE: The Total Amount Due reflects an OPTIONAL $1.00 donation to Friendly Rock. These funds go to help our neighbors in need with their water bill. If you choose not to donate, please check the "None" box below. Thank you for paying on time! We appreciate your promptness. Account Number Detach and mail stub with your payment or bring entire page when paying in person Due Date 26063704 1 07/10/2010 Penalty Date N/A RR$RL 0509 IAmount Due Total Amount After Due Date Due CREDIT BALANCE -$4.02 I)IIIIJIIIllIJ11gARwnhop N<A AA»p)k IIluII.�IIeIIis.IituI,�I�I,I�I��I�I��I���l�ll���l�t��l�l,l,l '•AUTO Sr.H 5-)IGIT 78664 5952 *Includes Optional Friendly Rock Donation You can help those in need pay for essential water services. Simply check box and sign below to add a different donation alit! to your monthly bill ❑None O$3 O$5y�Oter$ Signature >� friendly Rock Procar' 1' own Current Activity Details i A N\ E- C) 0 E Water Service Meter ID 99532247 Customer Charge Consumption Charge Total Current Charges Acct# 15014906 Read Date Previous: 05/06/2010 Current: 06/07/2010 Read Difference in Hundreds Total Consumption in Gallons 4,400 Gal © $2.35 per 1,000 Specification 04-915-58-02 Attachment A Variable Data No . Reading 9066 9110 44 Printed o$400 Reverse side of Bill $13.84 $10.34 $24.18 Wastewater Service Customer Charge Wastewater Average Wastewater Vol Chg Total Current Charges 3,500 Gallons 3,500 Gal © $3.23 per 1000 $12.63 $11.31 $23.94 Solid Waste Service Solid Waste Tax Total Current Charges $13.95 $1.15 $15.10 Optional Friendly Rock Donation $1.00 General Messages E -bills are now available for City of Round Rock utility customers! If you sign up for electronic billing, you will receive all correspondence from our utility billing office electronically. That means no more paper bills! Here's how it works: You will get an email on the day your bill is generated. You can then pay online via the City's website, by phone or by your own online payment service. CaII 218-5460 to register for the program. We will update your account with an email address and activate the e -bill notification. REMINDER: Tier 2 block rates to encourage water conservation will be in effect May thru October. In addition to the monthly base fee, a customer with a 5/8 -inch meter is charged $2.35 for each 1,000 gallons of water used up to 18,000 gallons. For each additional 1,000 gallons of water used over 18,000, the rate is $2.94. Visit the Utility Billing webpage at www.roundrocktexas.gov for more specific details. Also Stage 1 Water Restrictions are in effect. When irrigating, follow the voluntary watering schedule: Residential odd addresses Wednesday and Saturday; residential even addresses Thursday and Sunday; all commercial and multifamily Tuesday and Friday. Detach and mail stub with your payment or bring entire page when paying in person Make checks payable to the City of Round Rock Utility Billing Department 221 East Main Street Round Rock, Texas 78664 Lobby Hours 9 A.M. - 5 P.M. Monday -Friday Drive-through 8 A.M. - 6 P.M. 512-218-5460 Pay online: www.roundrocktexas.gov Pay by phone 1-800-565-1800 Convenience fees apply 1111.11.1111111111111111.111111111111,111111111,111,,,11 „ 1111 RETURN SERVICE REQUESTED Specification No. 04-915-58-02 Attachment A Envelopes WATER BILL ENCLOSED ROUND ROCK. TEXAS ('t:MR J. 1.14W f'Rokl't RI! C1 0 1 1.17 -1 CITY OF ROUNO ROCK, TEXAS INVITATION FOR 810 ADDENDUM PRINTING ANO MAILING SERVICES FOR UTILITY BILLS IFB No. 10-Q24 Addendum No. 2 Date of Addendum. September 9. 2010 The following items in the IFB identified above have been changed: Paragraph 3 2. Cut -Off Notices of Services Responsibilities, Part II Specifications (page 3 of 10) is changed to: Cut -Off Notices: The volume of bills is estimated at approximately 836 (between 300 and 1200) per week The vendor shall mail notices within the number of days agreed to by the Vendor and the City after each billing date Paragraph 5.2 of Printing Requirements, Part II, Specifications (page 4 of 10) is changed from Delinquent Notices to• Cut -Off Notices. Electronic billing data received shall be printed on single side of 8.1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3-1/2 inches from the bottom edge. in the format and font size identified on the sample or as agreed to by the City and Vendor Paragraph 5.3 Mailing Envelopes of Printing Requirements. Part 11 of the Specifications (page 4 of 10) is changed to: Mailing Envelopes: The envelopes shaft be Iwo color printing with the City's logo and address on the upper left corner and special message "WATER BILL ENCLOSED' printed just above the window when mailing Billing Statements onty. The special message shall not be printed on envelopes for the Cut -Off Notices Inserting Requirements, Part II Specifications (page 5 of 10) is changed to include: Additional Inserts: The City currently has thirteen inserts per year. Estimated number of inserts shall include. but not be limited to the following: (See Part VI. Options of the Specification, pages 9 and 10) Monthly Newsletter is currently printed on double -sided, 8-1/2 inch by 11 inch, 2 -color, folded and inserted with the Billing Statement. Annual Drinking Water Report is printed on double -sided, 8-1/2 inch by 11 inch, folded and inserted once a year with the Billing Statement. AH other terms a conditi ns of thi FB and specifications remain unchanged 6I /; Approved by 1\. (.,p ' k C f I) By the signatures affixed below, Addendum No 1 is hereby incorporated into and made a part of the above referenced IFB. ACKNOWLEDGED Vendor Authorized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. ROUND ROCK. TEXAS PURPOSE PASSIOK PROSPERITY CITY OF ROUND ROCK, TEXAS INVITATION FOR BID ADDENDUM PRINTING AND MAILING SERVICES FOR UTILITY BILLS IFB No. 10-024 Addendum No. 1 Date of Addendum: September 3, 2010 The following items in the IFB identified above have been changed: Paragraph 5.2 of Part II, Specifications is changed to: Delinquent Notices: Electronic billing data received shall be printed on single side of 8-1/2 inch by 11 inch paper with perforation across the lower portion of the paper approximately 3- 1/2 inches from the bottom edge, in the format and font size identified on the sample or as agreed to by the City and Vendor. All other terms and conditions of this IFB and specifications remain unchanged. Approved by By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced IFB. ACKNOWLEDGED Vendor Authorized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mayor Alan McGraw Mayor Pro -Tem Joe Clifford Cou nciknernbas Rufus Honeycutt George White Carlos T. Salinas John Moman Kris Whitfield City Manager James R. Huse. P.E. City Mtorney Stephan L. Sheets September 3, 2010 RE: IFB NO. 10-024 — PRINTING AND MAILING SERVICES FOR UTILITY BILLS Dear Bidder, The following is in response to questions regarding the Solicitation referenced above. Question: Should the pricing for mailing in lines #1 and #2 include all statement printing, envelopes and mailing services. Answer: Yes Question: Do the other options (6-19) listed need to be priced with just the option, or as a complete "package", meaning alt mailing services included as well? Answer Just the options where applicable. Question: Could your IT department provide a sample of the data (even if names. etc. are removed) so that we can verify our ability to manage the data properly with our current software or determine if need to acquire additional software. As mentioned many organizations utilize different programs so we want to be 100% sure we are all on the same page. Answer. See attachment Question: Will you be maintaining NCOA7 Answer. The City maintains a First Class Permit only. Vendor shall fund and maintain all mail accounts and permits required. Question: Do we print the #9 envelopes, 1 color Answer: Yes Question: On the 1 color imprint on the billing front page, will you be providing the chart as an object in your files or will we have to create it from scratch? Answer: Vendor shall create chart from scratch. Question: Where on the bid sheet do we show the price for the #10 and # 9 envelopes? Answer: Included with Item No. 1 and 2 However, pricing for information is provided on page 2 of 2 on the Bid Sheet. Question Usually we have an approval process showing you a PDF sample of a bill imprinted before we process all records. Is that part of your expectation with this 24 hour turnaround? If so what hours would someone be available to approve? Answer We expect the proof and approval process to be complete within 2 hours after Vendor is in receipt of file Note: The expectation is that Bills and Notices be mailed within 24 hours of receipt of a clean file from the City. Question: Is printing on #10 envelopes for Late notice a different version than Billing? Answer Yes, Billing envelope shall have "WATER BILL ENCLOSED" printed above the window and the Notice envelope shall have Logo and return service requested only. C1TYOf ROUND ROCK FINANCE DEPARTMENT, 221 East Main Street • Round Rock, Texas 18664 Phone 512.218.5400 • www.roundrocktexas.gov Question: I assume all # 9's are the same. Answer Yes Question: Is the Late Notice variable printed front and back. Answer Front only Question: Utility Bili Shell - Does the indicated 2 PMS "shell" colors print 2 PMS on both sides? Answer: Front only Question: Delinquent Notice Shell - Does the indicated 2 PMS "shell" colors print 2 PMS on both sides? Answer: Front Only Question: For easy clarification, can you make full color PDF's of front and back of BOTH forms available for download? Answer: See Attachment Question: Is all variable data in black ink only? On both forms? Answer Yes Question: Is variable data print on both sides? On both forms? Answer No, on Bill only not Final Notice. Question: Who is your current contracted vendor? Answer You will need to submit an open records request for this information at http://www. roundrocktexas.qov/home/index. asp?page=864 Question: What is the current cost being paid under that contract for each line item noted on the bid sheet? Answer: You will need to submit an open records request for this information at http://www.roundrocktexas.qov/home/index.asp?paqe=864 Question: In the options portion of the IFB, I needed clarity on option 1; By full color do you mean variable color all over the front or do you mean four colors on the preprinted form? Answer: Full color all over the front Question: When you speak of one color, do you mean black, red, blue, etc.. ? Answer: Yes The City appreciates your time and effort in preparing this bid. Please note that all bids must be submitted in a sealed envelope marked " DO NOT OPEN — Bid — Printing and Mailing Services" and received by the Purchasing Department, City Hall, 221 East Main Street, Round Rock, Texas, 78681 no later than 3:00 p.m. on Tuesday. September 14. 2010. Bids received will be opened and read aloud in the City Council Chambers Thank you for your continued interest in doing business with the City of Rougd Ro CMB/s ooks-CPPB Purchaser (512) 218-5457 Account Number Account Number City of Round Rock Utility Billing Prepared For: ROUND ROCK, TEXAS PURPOSE PI1SSION. PROSPERITY Specification No. 04-915-58-02 Attachment A Full Color Print of Utility Bill 34652801 Due Date 09/17/2010 Penalty Date 09/20/2010 Amount Due After Due Date $65.50 Total Amount Due $59.64 13,500 12,000 10,500 9,000 7,500 6,000 4,500 3,000 1,500 0 WATER CONSUMPTION (In gallons) i i i eeaess5 45 d. 0'1 4'4 Last Year o o o ,moo 1 Q' This Year `Includes Optional Friendly Rock Donation Current Activity Summary Current Bill Date 08/27/2010 Last Payment was received on 08/13/2010 In the amount of -$55.30 Water $28.92 Wastewater $29.72 Total Due $58.64 Optional Friendly Rock Donation $1 00 Total Amount Due $59.64 See reverse side for more details Special Messages PLEASE NOTE: The Total Amount Due reflects an OPTIONAL $1.00 donation to Friendly Rock. These funds go to help our neighbors in need with their water bill. If you choose not to donate, please check the "None" box below. Thank you for paying on time! We appreciate your promptness. RR -BILL 0569 Detach and mail stub with your payment or bring entire page when paying in person 34652801 Due Date 09/17/2010 Penalty Date 09/20/2010 IAmount Due After Due Date $65.50 Total Amount Due $59.64 1111111ii�11{egotpou111 _. IL��II��InIL�LJtII I III,,,I.,l,II.JnIJI ILI "AUTO•'SCH 5 -DIGIT 78680 111.111111111111111111 RRV,U O *Includes Optional Friendly Rock Donation You can help those in need pay for essential water services. Simply check box and sign below to add a different donation amount to your monthly bill. None 0 $3 ❑ $5 ❑ Other S Signature 0101/42 ACCOUNT NUMBER 32559900 DUE DATE 08/31/2010 Specification No. TOTAL AMOUNT OUI IF PAID BY DUE DATE $ 78.28 Full Cut - CUT -OFF NOTICE DONA thin paella% and return .niypur prymont in the normoon prodilmel. pisco do not bid or Oath this stub b die payment duck. 11111111.1111.111114 PAC"" 1111111111111611.11111111111.10.1. III1I1I111I1111I11,I111I111I111II111I1 111111111111111111 • 5-58-02 hment A Color Print ff Notice Mali to: City of Round Rock 221 East Main Street Round Rock, Texas 78664 512-218-5460 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CUT-OFF NOTICE YOUR ACCOUNT IS PAST DUE. IF PAYMENT HAS BEEN MADE, PLEASE DISREGARD THIS NOTICE. Water service may be disconnected if amount shown is not paid on or before due date. Failure to pay may also subject your bill to a service charge. No further notice will be given. 1f you disagree with the amount due, contact the Utility Billing Office before the date printed on this notice. AVISO DE INTERRUPCION SU CUENTA ESTA ATRASADA. SI EL PAGO SE HA HECHO, FAVOR DE IGNORAR ESTE AVISO. El serviclo de agua sera desconectado si la cantidad mostrada no es pagada antes. � en Ia fecha de vencimiento. La falta de pago puede someter su cuenta a una comisi6n por operation. No se enviar3 ningun aviso adicionai. Si no esta de acuerdo con la cantidad vencida, flame a Ia oficina de cobros antes de la fecha indicada en este aviso. ROUND ROCK, TEXAS PURPOSE t .SSIOV PROSPERITY City of Round Rock Utility Billing 221 E. Main Street Round Rock, Texas 78664-5299 512-218-5460 www.roundrocktexas.gov Pay by phone 1-800-565-1800 Convenience fees apply Lobby Hours 9 A.M. - 5 P.M. Monday -Friday Drive Through 8 A.M. - 6 P.M. RR -CUTOFF -0410 Specification eT4T <?xml version="1.0" ?> 04-915-58-02 - <Accounts> <Account No="DH-0001-00" Name="DERTON HOBART PHD"> Sample Data <Acct_det Zn="DH" Drf_cst="N" Cst_cls="RE" Email="DHOBART@RR.USA.WHAT.NOADDRESS.COM" L_p,_dt="12/10/2009" L_p_amt="0010000.00-" L_b_amt="0002614.24" T_pmts="0010000.00-" T_adjs="0000000.00" T_amp_adjs="0000000.00" T_pens="0000000.00" arrear="0003733.63" Age_1="0003733.63" Age_2="0000000.00" Age_3="0000000.00" Age_4="0000000.00" T_cut="0000000.00" Winter_avg="000000.0000" Dep_app="0000000.00" Refunds="0000000.00" Bill_copy="001" /> <Address_info Ssa="1405 S GORDON ST 14A" St_nor"1405"St_nm="S GORDON ST" St_un="14A" B_attn="ATTN: JAY BLUES" B_al="1407 S GORDON ST" B_a2="STE 2000" B_city="TYLERVILLE" B_st="TX" B_zip="79414-0123"/> <Bill_det F_bill="N" S_fr_dt="01/24/2010" S_to_dt="02/23/2010" Due_dt="11/05/2009" Bill_dt="11/01/2009" Drft_dt="11/01/2009" Pen_dt="11/10/2009" Net="0002202.78" Tax="0000001.94" Dep="0000000.00" Due="0005938.35" Pen="0000005.93" Due_pen="0005944.28" Disc="0000000.00" Disc_dt="00/00/0000" Amp_amt="0000000.00" Amp_b_net="0000000.00" Amp_resv="0000000.00" T_b_mtr="0000065.12" T_b_nmtr="0002140.00" /> - <Service Ty="Meter" Cd="EL" L_des="ELECTRIC" S_des="ELECTRIC - RES" Serv_code="005" R_tbl="RES"> <Meter_info M_no="ELMTR123" M_scl="0001.000" M_unt="0002" M_size="BIG MTR" /> - <Serv_info Days="030" Est="" Pr_read="000000000220" Cr_read="000000000230" Usage="000000000010" Mtr_Usage="000000000010" Chg="0000020.08" Tax="0000001.66" Fa="00000000.50" F_fact="00.01000000" T_chg="0000021.84" Pr_read_date="01/24/2010" Cr_read_date= "02/ 23/ 2010" Prorated ="N"> - <Chg_det Base="0000019.00" First_Base="0000014.00" Addl_Base="0000005.00"> <Step Amt="0000000.20" Quan="0000000002" Rate="0000000.100000" /> <Step Amt="0000000.88" Quan="0000000008" Rate="0000000.110000" /> </Chg_det> </Serv_info> - <Demand D._usage="000040.0000" D_read="000040.0000" D_scaie="0001.000" D rtch="0" D_chg="0000038.59" D_tax="0000000.00" D_f_adj="00000000.40" D_t_chg="0000038.59"> - <D_chg_det D_base="0000001.00"> <D_step D_amt="0000000.05" D_quan="000001.0000" D_rate="0000000.050000" /> <D_step D_amt="0000000.14" D_quan="000002.0000" D_rate="0000000.070000" /> <D_step D_amt="0000037.00" D_quan="000037.0000" D_rate="0000001.000000" /> </D_chg_det> </Demand> - <Cons_hist Cons_prd="02/2009"> <Year Yr="2007" Jan="0000000000" Feb="0000000000" Mar="0000000000" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> <Year Yr="2008" Jan="0000000000" Feb="0000001500" Mar="0000000300" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> <Year Yr="2009" Jan="0000000023" Feb="0000000010" Mar="0000000000" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> </Cons_hist> </Service> - <Service Ty="Meter" Cd="WA" L_des="WATER" S_des="WATER - SLAVE" Serv_code="010" R_tbl="SLV"> <Meter_info M_no="DH0012345" M_scl="0001.000" M_unt="0001" M_size="newsize" /> - <Serv_info Days="030" Est="" Pr_read="000000001030" Cr_read="000000001035" Usage="000000000000" Mtr_Usage="000000000005" Chg="0000000.00" Tax="0000000.00" Fa="00000000.00" F_fact="00.00000000" T_chg="0000000.00" Pr_read_date="01/24/2010" Cr_read_date="02/23/2010" Prorated="N"> <Chg_det Base="0000000.00" First_Base="0000000.00" Addl_Base="0000000.00" /> </Serv_info> - <Cons_hist Cons_prd="02/2009"> <Year Yr="2007" Jan="0000000000" Feb="0000000000" Mar="0000000000" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> <Year Yr="2008" Jan="0000000000" Feb="0000001000" Mar="0000000100" Apr="0000000300" May="0000000006" Jun="0000000155" Jul="0000000079" Aug="0000000042" Sep="0000000029" Oct="0000000005" Nov="0000000010" Dec="0000000000" /> <Year Yr="2009" Jan="0000000010" Feb="0000000005" Mar="0000000000" Apr="0000000000" May="0000000000" Jun="0000000000" Jul="0000000000" Aug="0000000000" Sep="0000000000" Oct="0000000000" Nov="0000000000" Dec="0000000000" /> </Cons_hist> 1of4 file://l:ASpecifications, Master\Specifications, ActivelPrinting & Mailing Services, Water Billing,04-915-5... 913/2010 BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount Is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified In this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shah be placed In a separate envelope completely and property identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be retumed to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govem. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List bids are not acceptance unless requested. Cash discount wit not be considered in determining the low bid. All cash discounts offered will be taken if earned. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Govemmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in IFB Is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to furnish brand names, numbers, etc, as specified in the IFB. 2.2 All items bid shall be new, In first class condition, including containers suitable for shipment and storage, unless otherwise indicated In IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they will be returned to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list (See 4.2 following.) 4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default In promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: Alt goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods, which have been delivered and rejected In whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB Is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving Infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder Is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor, or any other person engaged in such line of business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terms and conditions attached to bid wilt not be considered unless the bidder specifically references them on the front of this bid fore. WARNING: Such terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included. Submission of bids on forms other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date. PAGE 1 of 1 REV: 04-04-05 REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER: BIDDERS NAME: DATE: Provide the name, address, telephone number and point of contact of at least three firms that have utilized similar service for at least three year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 4. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Fax Number ( ) Fax Number ( Fax Number ( Fax Number ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Reference Sheet Page 1 of 1 Dated: 05//2005