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R-99-03-11-14D1 - 3/11/1999CITY OF ROUND ROCK .i$$ tt tt Mayor Robert A. Stluka, Jr Mayor Pro-tem Martha A. Chavez Council Members Tom Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets February 10, 2000 Mr. Bob Carroll National Presort Services, Inc. 5811 Berkman Drive, Suite A Austin, Texas 78723 RE: Contract for Water Bill Printing and Mailing Service Gentlemen: In accordance with Paragraph 4.0 of the above referenced contract, we agree to extend said contract for an additional period of time not to exceed twelve (12) months for the original ending date. If you are in agreement please sign in the space provided and return to us. CITY OF ROUND ROCK anne Land, Assistant City Manager Fax: 512 - 218 - 7097 NATIO L PRESORT SE' ., INC. y: Bob Carroll, Ge er.l Manager RECEIVED FEB 1 j 2000. By: Art Villarreal, Jr., Sales Manager 1 -800- 735 -2989 TDD 1- 800 -735 -2988 Voice www.ci.round- rock.tx.us 221 East Main Street Round Rock. Texas 78664 512- 218 -5400 -�► A CITY OF ROUND ROCK mbr Mayor Robert A. Stluka, Jr. Mayor Pro -tem Earl M. Hairston Council Members Tom Nielson Carrie Pitt Ear! Palmer Isabel Gallahan Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets Mr. Bob Carroll National Presort Services, Inc. 5811 Berkman Drive, Suite A Austin, TX 78723 Dear Mr. Carroll: This letter is notification that the first extension of Contract referenced above will expire March, 2001. By signatures affixed below the Contractor agrees to extend the contract an additional twelve -month period with no changes in price, terms and conditions. of Round Rock4114-4° nne Land, City Secretary oS Date: ' � a- o i Please sign one original and one copy and return both copies at your earliest convenience, but no later than February 9, 2001. A signed copy will be forwarded to you before March 1, 2001. Please feel free to contact me at (512) 218 -5457 with any questions. CMB /s Cc: file Fax: 512 -218 -7097 1- 800 - 735 -2989 TDD www.d.round-rocktx.us Natignal Presort Services, Inc. February 1, 2001 RE: Multi -Year Contract for Mailing Services Authorized Representative Name: &D CA(Cecc Title: /1440AGat_ Date: slap/ 221 East Main Street Round Rock, Texas 78664 512-218 -5400 Carolyn Purchaser (512) 218-5457 1- 800 -735 -2988 Voice Mayor Robert A. Stluka, Jr Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pitt Earl Palmer Isabel Gallahan Gary Coe City Manager Robert L Bennet!, Jr. City Attorney Stephan L. Sheets CITY OF ROUND ROCK Mr. Keith Daboub National Presort Services, Inc. 5811 Berkman Drive Suite A Austin, TX 78723 -2659 tv of Round Rock Oh Christine Martinez City Secret Date: (3-11-6,2) February 25, 2002 RE: Multi -Year Contract for Printing and Mailing Services Dear Mr. Daboub: This letter is notification that the contract referenced above will expire in March of this year. By signatures affixed below the Contractor agrees to extend the contract an additional twelve -month period with no changes in price, terms and conditions. National Presort Services, Inc. Authorized Name: Ke /0.�oi Title: G M Date: 3- I -o Please sign all three originals and return copies at your earliest convenience, but no later than March 8, 2002. A signed original will be forwarded to you before March 11, 2002. Please feel free to contact me at (512) 218 -5457 with any questions. CMB /s Cc: file Fax, 512 -218 -7097 k 99- 03- II -/LI 1- 800 -735 -2989 TDD www.ci.round- rock.tx.us Carolyn Brooks, CPPB Purchaser (512) 218-5457 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 1 -800- 735 -2988 Voice Mayor Nyle Maxwell Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Robert L. eennelt, Jr. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mr. Keith Daboub National Presort Services, Inc. 5811 Berkman Drive Suite A Austin, TX 78723 -2659 Dear Mr. Daboub: This letter is notification that the contract referenced above will expire in March of this year. By s• natures affixed below the Contractor agrees to extend the contract an onth period with no changes in price, terms and conditions. National Presort Services, Inc. David Kautz, Assi ant (Zit r Manager Date: Please sign all three originals and return copies at your earliest convenience, but no later than March 8th. A signed original will be forwarded to you as soon as possible. Please feel free to contact me at (512) 218 -5457 with any questions. CMB /s Cc: file ofk,r2 -OD1 February 28, 2003 RE: Multi -Year Contract for Printing and Mailing Services Authorized Representative Name: Ke l FL.- Jr. Lo:il Title: G rv\ Date: 3 - 1 - o Caroly Brooks, CPPB Purchaser (512) 218-5457 CITY OF ROUND ROCK on, East Main Street • Round Rock. Texas 78664 Phone: , 2.218.5400 • Fax: 5t2.2t8.7o97 • Voice. L800.735.2988 • r.800.735.2989 TDD • www,ci.round- rock.tx.us RESOLUTION NO. R- 99- 03- 11 -14D1 WHEREAS, the City of Round Rock has duly advertised for bids for water bill printing and mailing services, and WHEREAS, National Presort Services, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of National Presort Services, Inc., 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 Annual Purchasing Agreement with National Presort Services, Inc. for water bill printing and mailing services. 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, and the Act. RESOLVED this llth day of March, ].�99 ATTEST: x : \WPDOCS \aesozmr: \xsa3u0i. g LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas CITY OF ROUND ROCK ANNUAL PURCHASING AGREEMENT FOR WATER BILL PRINTING AND MAILING SERVICE THIS AGREEMENT, is made and entered into this / / of in fieeli 19 94 by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City" and National Presort Services Inc., 5811 Berkman Drive, Suite A, Austin, Texas 78723. hereinafter referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties ". RECITALS: WHEREAS, the City desires to contract with National Presort Services Inc.to print , insert and mail the City of Round Rock Water Utilities Department weekly billings and delinquent notices: and WHEREAS, the Invitation for Bid to provide the City Water Utilities Department with Printing, Inserting and Mailing of weekly billings and delinquent notices was previously issued for said Printing Inserting and Mailing and the City has selected the Bid submitted by National Presort Services Inc; and WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 CONTRACT DOCUMENTS AND EXHIBITS The City of Round Rock selected National Presort Services Inc. as the integrator of choice to supply Printing, Inserting and Mailing Services as outlined in IFB Specification Number 81- 99 -0001 dated January 1999 (Exhibit A) together with Response to IFB submitted by Vendor (Exhibit B). 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 their response to the IFB. The services that are the subject matter of this Agreement are further described in Exhibits A and B, and together with this Agreement comprise the Agreement, and they are fully a part of this Agreement as if herein repeated in full. 2.0 COSTS The bid costs listed in Exhibit A shall be the basis of any costs billed to the City. 3.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which the City receives the supplies, materials, equipment, or within thirty (3) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. 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: 3.1 there is a bona fide dispute between the City and Vendor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 3.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3 there is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 3.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. 4.0 DURATION OF AGREEMENT The term of this agreement shall be for a period of time of twelve (12) months from the date of award. Prices shall be firm for the duration of the agreement, except as provided for in Exhibit A Part III paragraph 3. This agreement may be renewed for up to four (4) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree in writing. 2 5.0 TERMINATION OF THIS AGREEMENT Either party may cancel this contract, without penalty, by providing sixty (60) days written notice to the other party. The City will pay the Contractor the bid price pro -rated for acceptable service performed up to the date specified in the notice of cancellation. Within sixty (60) days after receipt of notice of termination, the Vendor shall submit a statement, showing in detail the services satisfactorily performed under this agreement to the date of termination. The City will then pay the Vendor that portion of the prescribed charges. 6.0 ORDERS PLACED WITH ALTERNATE VENDORS If the Vendor cannot provide the services ordered for a specific delivery time, the City reserves the option to place the order with another supplier. 7.0 TAXES The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in charges. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession, and accepts the goods at the point or points of delivery, 9.0 DELIVERY The terms of this agreement are "no delivery, no sale ". 10.0 ASSIGNMENT Vendor's rights and duties awarded by this agreement may not be assigned to another without written consent of the City signed by the City's authorized agent. Such consent shall not relieve the assignor of the liability in the event of default by the assignee. 11.0 GRATUITIES/BRIBES The City may, by written notice to Vendor, cancel this contract without liability to Vendor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by Vendor, or its agent or representative 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. 3 12.0 INVOICES All invoices shall include, but not limited to, the following 12.1 Name and address of Vendor 12.2 An invoice number. 12.3 Dates of service. 12.4 Description of item(s) delivered. 12.5 Itemized prices, per unit and extended total, quantity and any special services. 13.0 INDEMNIFICATION Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to any person, or for damages to any property, arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this Agreement, without regard to whether such persons are under the direction of City agents or employees. 14.0 INSURANCE Vendor shall meet the minimum state financial responsibility requirements for the operation of motor vehicles. 15.0 APPLICABLE LAW This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law are waived or modified unless expressly waived or ,modified by the City in writing. 16.0 VENUE The parties agree that venue for any litigation arising from this agreement shall lie in Williamson County, Texas. 4 17.0 RIGHT TO ASSURANCE Whenever one party to this agreement in good faith has reason to question the other party's intent to perform, the questioning party may demand that the other party give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 18.0 MULTIPLE COUNTERPARTS This agreement may be executed in multiple counterparts, any one of which shall be considered an original of this instrument, all of which, when taken together shall constitute one and the same instrument. 19.0 ORDER OF PRECEDENCE The order of precedence shall be as follows: (a) This Agreement together with attachments (b) Specification Number 18 -94 -0001, Revised October 1998 (c) Bid Response 20.0 NOTICE For the purposes of this Agreement, notices to the City shall be to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 -5299 With a copy to: Stephan L. Sheets, City Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 5 Notice to Vendor shall be to: Bob Carroll National Presort Services Inc. 5811 Berkman Drive, Suite A Austin, Texas 78723 Notices will be effective upon delivery at the above addresses until the parties notify each other, in writing, of a change in address. IN WITNESS WHEREOF the parties to these resents have executed this Agreement on the day of rntY�7�c4+ , 19 9 CITY OF RIUND ROCK National Presort Services Inc. By: CHARLES CUL ' ' R, Mayor City of Round Rock Attest: 6 11 t°E) By: Name: Title: Attest: By: Name: Title: DATE: March 5, 1999 SUBJECT: City Council Meeting — March 11, 1999 ITEM: 14.D.1. Consider a resolution authorizing the Mayor to execute an agreement for utility bill printing and mailing services. The City utility billing office has been working on the development and implementation of a new utility billing system for the City's 17,000 utility customers. This system allows the City to electronically transport the billing files to a vendor who specializes in printing, inserting and mailing services. This service will provide operating efficiencies and economic benefits to the City. City staff recommends awarding this contract for service to National Presort Services, Inc. for an estimated annual cost of $40,821. The cost is a function of the number of utility customers and has been included in the operating budget. Staff Resource Person: David Kautz, Finance Director. RECITALS: yq D3 CITY OF ROUND ROCK ANNUAL PURCHASING AGREEMENT FOR WATER BILL PRINTING AND MAILING SERVICE THIS AGREEMENT, is made and entered into this / ith of CaC A/ 19W, by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City" and National Presort Services Inc., 5811 Berkman Drive, Suite A, Austin, Texas 78723. hereinafter referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties ". WHEREAS, the City desires to contract with National Presort Services Inc.to print , insert and mail the City of Round Rock Water Utilities Department weekly billings and delinquent notices: and WHEREAS, the Invitation for Bid to provide the City Water Utilities Department with Printing, Inserting and Mailing of weekly billings and delinquent notices was previously issued for said Printing Inserting and Mailing and the City has selected the Bid submitted by National Presort Services Inc; and WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 CONTRACT DOCUMENTS AND EXHIBITS The City of Round Rock selected National Presort Services Inc. as the integrator of choice to supply Printing, Inserting and Mailing Services as outlined in IFB Specification Number 81- 99 -0001 dated January 1999 (Exhibit A) together with Response to IFB submitted by Vendor (Exhibit B). 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 their response to the IFB. The services that are the subject matter of this Agreement are further described in Exhibits A and B, and together with this Agreement comprise the Agreement, and they are fully a part of this Agreement as if herein repeated in full. 1 2.0 COSTS The bid costs listed in Exhibit A shall be the basis of any costs billed to the City. 3.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which the City receives the supplies, materials, equipment, or within thirty (3) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. 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: 3.1 there is a bona fide dispute between the City and Vendor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 3.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3 there is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 3.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. 4.0 DURATION OF AGREEMENT The term of this agreement shall be for a period of time of twelve (12) months from the date of award. Prices shall be firm for the duration of the agreement, except as provided for in Exhibit A Part III paragraph 3. This agreement may be renewed for up to four (4) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree in writing. 2 5.0 TERMINATION OF THIS AGREEMENT Either party may cancel this contract, without penalty, by providing sixty (60) days written notice to the other party. The City will pay the Contractor the bid price pro -rated for acceptable service performed up to the date specified in the notice of cancellation. Within sixty (60) days after receipt of notice of termination, the Vendor shall submit a statement, showing in detail the services satisfactorily performed under this agreement to the date of termination. The City will then pay the Vendor that portion of the prescribed charges. 6.0 ORDERS PLACED WITH ALTERNATE VENDORS If the Vendor cannot provide the services ordered for a specific delivery time, the City reserves the option to place the order with another supplier 7.0 TAXES The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in charges. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession, and accepts the goods at the point or points of delivery, 9.0 DELIVERY The terms of this agreement are "no delivery, no sale ". 10.0 ASSIGNMENT Vendor's rights and duties awarded by this agreement may not be assigned to another without written consent of the City signed by the City's authorized agent. Such consent shall not relieve the assignor of the liability in the event of default by the assignee. 11.0 GRATUITIESBRIBES The City may, by written notice to Vendor, cancel this contract without liability to Vendor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by Vendor, or its agent or representative 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. 3 12.0 INVOICES All invoices shall include, but not limited to, the following 12.1 Name and address of Vendor 12.2 An invoice number. 12.3 Dates of service. 12.4 Description of item(s) delivered. 12.5 Itemized prices, per unit and extended total, quantity and any special services. 13.0 INDEMNIFICATION Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to any person, or for damages to any property, arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this Agreement, without regard to whether such persons are under the direction of City agents or employees. 14.0 INSURANCE Vendor shall meet the minimum state financial responsibility requirements for the operation of motor vehicles. 15.0 APPLICABLE LAW This agreement shall be govemed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law are waived or modified unless expressly waived or ,modified by the City in writing. 16.0 VENUE The parties agree that venue for any litigation arising from this agreement shall lie in Williamson County, Texas. 4 17.0 RIGHT TO ASSURANCE Whenever one party to this agreement in good faith has reason to question the other party's intent to perform, the questioning party may demand that the other party give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 18.0 MULTIPLE COUNTERPARTS This agreement may be executed in multiple counterparts, any one of which shall be considered an original of this instrument, all of which, when taken together shall constitute one and the same instrument. 19.0 ORDER OF PRECEDENCE The order of precedence shall be as follows: (a) This Agreement together with attachments (b) Specification Number 18 -94 -0001, Revised October 1998 (c) Bid Response 20.0 NOTICE For the purposes of this Agreement, notices to the City shall be to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 -5299 With a copy to: Stephan L. Sheets, City Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 5 Notice to Vendor shall be to: Bob Carroll National Presort Services Inc. 5811 Berkman Drive, Suite A Austin, Texas 78723 Notices will be effective upon delivery at the above addresses until the parties notify each other, in writing, of a change in address. IN WITNESS WHEREO the parties to these preAents have executed this Agreement on the day of 91 . CITY OF ROUND ROCK By: 1144 ry��i CHARLES CULP PPIFR, Mayor Attest: City of Round Rock By: ltd. LAND, City Secretary C of Round Rock 6 By: Name: Title: 44/06/a-eie1 B National Presort Services Inc. 5 • L C%iPPocc- I / Mayor Charles Culpepper Mayor Pro-tem Robert Sthrka Cornell Members Earl M. Hairston Rick Stewart Earl Palmer Marsha Chavez Jimmy Joseph Clay Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK May 6, 1999 Mr. Bob Carroll National Presort Services, Inc. 5811 Berkman Drive, Suite A Austin, Texas 78723 Dear Mr. Carroll: Sincerely, Enclosures Fax: 512- 218 -7097 Joanne Land Assistant City Manager/ City Secretary 1- 800 - 735 -2989 TDD 1- 800 - 735 -2988 Voice www_ ci. round -mck taus 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 99- 03- 11 -14D1 at their regularly scheduled meeting on March 11, 1999. This resolution approves the Annual Purchasing Agreement with National Presort Services, Inc. for water bill printing and mailing services. Enclosed is a copy of the resolution and original agreement. If you have any questions, please do not hesitate to contact David Kautz at 218 -5430. CITY OF ROUND ROCK ANNUAL PURCHASING AGREEMENT FOR WATER BILL PRINTING AND MAILING SERVICE THIS AGREEMENT, is made and entered into this of 19 , by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City" and doing business as , hereinafter referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties RECITALS: WHEREAS, the City desires to contract with to print , insert and mail the City of Round Rock Water Utilities Department weekly billings and deliquent notices: and WHEREAS, the Invitation for Bid to provide the City Water Utilities Department with Printing, Inserting and Mailing of weekly billings and deliquent notices was previously issued for said Printing Inserting and Mailing and the City has selected the Bid submitted b ; and WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 CONTRACT DOCUMENTS AND EXHIBITS The City of Round Rock selected as the integrator of choice to supply Printing, Inserting and Mailing Services as outlined in IFB Specification Number 81 -99 -0001 dated January 1999 (Exhibit A) together with Response to IFB submitted by Vendor (Exhibit B). 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 their response to the IFB. 1 The services that are the subject matter of this Agreement are further described in Exhibits A and B, and together with this Agreement comprise the Agreement, and they are fully a part of this Agreement as if herein repeated in full 2.0 COSTS The bid costs listed in Exhibit A shall be the basis of any costs billed to the City 3.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which the City receives the supplies, materials, equipment, or within thirty (3) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. 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: 3.1 there is a bona fide dispute between the City and Vendor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 3.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3 there is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 3.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement 4.0 DURATION OF AGREEMENT The term of this agreement shall be for a period of time of twelve (12) months from the date of award. Prices shall be firm for the duration of the agreement, except as provided for in Exhibit A Part III paragraph 3. This agreement may be renewed for four (4) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree in writing. 2 5.0 TERMINATION OF THIS AGREEMENT Either party may cancel this contract, without penalty, by providing sixty (60) days written notice to the other party. The City will pay the Contractor the bid price pro -rated for acceptable service performed up to the date specified in the notice of cancellation. Within sixty (60) days after receipt of notice of termination, the Vendor shall submit a statement, showing in detail the services satisfactorily performed under this agreement to the date of termination. The City will then pay the Vendor that portion of the prescribed charges. 6.0 ORDERS PLACED WITH ALTERNATE VENDORS If the Vendor cannot provide the services ordered for a specific delivery time, the City reserves the option to place the order with another supplier. 7.0 TAXES The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in charges. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession, and accepts the goods at the point or points of delivery, 9.0 DELIVERY The terms of this agreement are "no delivery, no sale ". 10.0 ASSIGNMENT Vendor's rights and duties awarded by this agreement may not be assigned to another without written consent of the City signed by the City's authorized agent. Such consent shall not relieve the assignor of the liability in the event of default by the assignee. 11.0 GRATUITIES/BRIBES The City may, by written notice to Vendor, cancel this contract without liability to Vendor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by Vendor, or its agent or representative 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. 3 12.0 INVOICES All invoices shall include, but not limited to, the following 12.1 Name and address of Vendor 12.2 An invoice number. 12.3 Dates of service. 12.4 Description of item(s) delivered. 12.5 Itemized prices, per unit and extended total, quantity and any special services 13.0 INDEMNIFICATION Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to any person, or for damages to any property, arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this Agreement, without regard to whether such persons are under the direction of City agents or employees. 14.0 INSURANCE Vendor shall meet the minimum state financial responsibility requirements for the operation of motor vehicles. 15.0 APPLICABLE LAW This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law are waived or modified unless expressly waived or ,modified by the City in writing. 16.0 VENUE The parties agree that venue for any litigation arising from this agreement shall lie in Williamson County, Texas. 4 17.0 RIGHT TO ASSURANCE Whenever one party to this agreement in good faith has reason to question the other party's intent to perform, the questioning party may demand that the other party give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract 18.0 MULTIPLE COUNTERPARTS This agreement may be executed in multiple counterparts, any one of which shall be considered an original of this instrument, all of which, when taken together shall constitute one and the same instrument. 19.0 ORDER OF PRECEDENCE The order of precedence shall be as follows: (a) This Agreement together with attachments (b) Specification Number 18 -94 -0001, Revised October 1998 (c) Bid Response 20.0 NOTICE For the purposes of this Agreement, notices to the City shall be to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 -5299 With a copy to: Stephan L. Sheets, City Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 5 Notices will be effective upon delivery at the above addresses until the parties notify each other, in writing, of a change m address IN WITNESS WHEREOF the parties to these presents have executed this Agreement on the day of , 19 CITY OF ROUND ROCK By: By: CHARLES CULPEPPER, Mayor Name: City of Round Rock Title: Attest: Notice to Vendor shall be to: By: By: JOANNE LAND, City Secretary Name: City of Round Rock Title: 6 Attest: BID TAB BID NUMBER: 81.9BODOI BID OPENING: 2:pm PRINTING 8 MAILING OF UTILITY BILLS VENDOR NAIL PRESORT TOTAL $40.921.24 VENDOR LONESTAR SW TOTAL $48,03287 VENDOR RereadS 9 REYNOLDS TOTAL, 057047.84 VENDOR GEORGIA US DATA SRV TOTAL: 553,18200 VENDOR CARL WILLIAM TOTAL: 857,56310 Bld8 m() QTY Unit$ Mended Unit$ Extended UnItS Extended Unit 5 Extended Unit $ Exbm4ed 1. BILLING SRVC 'ru 0.1316 $28,425.60 0.14347 030,989.52 $0.18 538,189.00 0.13 528,080.00 0.18 538,880.00 NOTICES 0.1191 08,717.24 0.11952 50740.93 80.18 89,972.00 0.13 07,332.00 0.18 510,152.00 2. SETUP 5750.00 5750.00 5300.00 5300.00 0130.00 5130.00 500 5500.00 250 $250.00 3. ADDITONAL COLOR PRINT 50.01 52,160.00 $0.02 $4,320.00 50.02 54,320.00 0.05 010,800.00 0.0253 55,464.80 4. PRINT ON REVERSE 50.02 0360.00 50.02 0360.00 50.13 52,340.00 0.05 5900.00 0.0208 5374.40 5. ADD 1 COLOR INSERT 0.0286 8514.80 0.05254 5945.72 0.02838 5510.84 0.06 51,080.00 0.0225 5405.00 8. 2 -SIDED 1-COLOR 0.0324 8583.20 0.08345 51,502.10 0.04712 8848.16 0.08 51,440.00 0.0316 5568.80 7. COLORED BOND 0.0348 $626.40 0.0576 $1,036.80 Nb 0.06 51,080.00 0.0247 0444.60 8. CITY PROVIDED INSERTS 0.004 572.00 0.01 5180.00 0.0024 543.20 0.01 5180.00 0.02 5380.00 9. 2 COLOR PRINT - INSERTS 0.034 $612.00 0.0921 51,657.80 0.03858 5694.44 0.1 51,800.00 0.0369 5664.20 10. ALTERNATE BID- RR 0.038857 510,584.65 0.151089 841,186.80 nib NIB SAME 861,406.89 589,18967 • NATIONAL PRESORT IS THE LOWEST RESPONSIBLE BIDDER AT $40,821.24 WITH ALL PRINTING OPTIONS. " TOTAL BID WITHOUT PRINTING OPTIONS IS ESTIMATED AT 035,892.00 NOTE: THE DESIGN OF THE NEW WATER BILL AND NOTICE WILL REQUIRE THE CONTRACTOR TO PRINT A PERMIT NUMBER ON THE MAILING ENVELOPE IN LIEU OF METERING THE BILLS. THIS PROCESS WILL NOT CHANGE THE COST OF THE ORIGINAL BID; HOWEVER, THE CITY WILL BE REQUIRED TO HAVE A AUSTIN PERMIT WHICH COST 8100 PER YEAR. • NATIONAL'S ALTERNATE BID TO UTILIZE ROUND ROCK POST OFFICE IS ESTIMATED AT 851,405.89. IF THE CITY CHOOSES TO AWARD THE ALTERNATE BID, APPROXIMATELY 066,193.20 IN POSTAGE REVENUE PER YEAR WILL STAY IN ROUND ROCK. TAKING THIS REVENUE FROM ROUND ROCK MAY EFFECT THE POST OFFICES'S SERVICE TO ROUND ROCK RESIDENTS. THE POST OFFICE WAS UNABLE TO PUT THE LOST OF REVENUE INTO A DOLLARS & CENTS SCENARIO THAT DETAILED THE POSSIBLE CHANGES IN SERVICE. • ADDITIONAL BLUE COLOR ON BILLS AND NOTICES IS AN ESTIMATED 82,724 PER YEAR.