The URL can be used to link to this page

R-04-08-26-13D1 - 8/26/2004 I t I I • F RESOLUTION NO. R-04-08-26-13D1 WHEREAS, the City of Round Rock has duly advertised for bids for printing and mailing services, and WHEREAS, Business Ink, Co. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Business Ink, Co. , 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 with Business Ink, Co. , 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 26th day of August, 2004 . NY ELL, Mayor Ci y Round Rock, Texas A CHRISTINE R. MARTINEZ, City Secretar @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40826Dl.WPD/So CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF PRINTING AND MAILING SERVICES FROM BUSINESS INK, CO. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § That this Agreement for services to provide printing and mailing services, (referred to herein as the "Agreement") to commence on or about September 27, 2004, is made and entered into 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 Business, Ink, Co., whose offices are located at 10214 North IH 35, Bldg. II, Austin Texas 78664 (referred to herein as the "Vendor"). 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. RECITALS: WHEREAS, City desires to purchase Printing and Mailing Services from Vendor; and WHEREAS, City has issued its "Solicitation" for City to provide said services, and City has selected the solicitation response 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: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods or services and Vendor is obligated to sell specified goods or services. 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. EXHIBIT 1 a "An 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 supplies, materials, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date specified or at the time 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 term of this Agreement shall be for a twenty-four month period of time. After the initial term, this Agreement may be renewed for up to two additional periods of time not to exceed two years for each renewal provided both parties agree. C. City reserves the right to review the Vendor's performance at any time during the initial agreement or renewal period, 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 as the integrator of choice to supply the goods or services as outlined in the Exhibits 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 Invitation For Bid (IFB) and as offered by Vendor's bid. The Agreement includes the following Exhibits: a. Exhibit "A"designated as IFB No. 04-011 "Printing and Mailing Services" as completed by Vendor. b. Exhibit`B" Specification Number 04-915-58, revised June 2004 with Attachments A through F. c. Exhibit "C" Contingency Plan Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement (2) Exhibit "A (3) Exhibit "B" (4) Exhibit"C" 2 4.01 ITEMS AWARDED The goods or services, which are the subject matter of this Agreement, are described in the Exhibits and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 5.01 COSTS The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor. Agreement prices shall be original price, terms and conditions plus any approved changes. 6.01 PRICE ADJUSTMENT The City may permit "unit price" adjustments upwardly or downwardly when correlated with the price index specified herein. The base line index shall be the index announced for the month in which the solicitation was opened. Unit prices may be adjusted for each renewal period in accordance with changes in index. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. The allowable percent change shall be rounded to the nearest one- hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change. 7.01 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. 8.01 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 goods or 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. 9.01 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 City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) 3 days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor 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. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached solicitation number 04-011 and its bid response. 4 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Irma Mendoza Finance—Utility Billing 221 East Main Street, 1't Floor Round Rock, Texas 78664 512-218-5465 15.01 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. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods or 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 goods or service and that it may not be considered in future bids for the same type goods or service 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. 17.01 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 only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, 5 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. 18.01 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. 19.01 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. 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 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 the 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: Business Ink Co. 10214 North IH 35 Bldg I1 Austin, TX 78753 6 Notice to City: David Kautz,Asst. City Manager Stephan L. Sheets, City Attorney Chief Financial Officer 309 East Main Street 221 East Main Street AND TO: Round Rock, TX 78664 Round Rock, TX 78664 c) 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 g overned by and c onstrued i n accordance w ith 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. 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 7 the essence of this Agreement be determined void. 25.01 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. CITY OF ROUND ROCK, TEXAS BUSINE INK, CO By: By: Title: --)Title: ;r_b��s�.��s Printed Name Printed Name Date Signed: Date Signed: _ $/-2�0c_ ATTEST: Christine R. Martinez, City Secretary Date Signed: 8 EXHIBIT "A" MAILING SERVICES DATE: JUNE 14, 2004 1of2 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 BIDDING INFORMATION: FACIMILE RESPONSES BID NUMBER 04-011 OPENING TIME. SHALL NOT BE ACCEPTED OPENING DATE: 6/29/2004 at 3:00 P.M. INVOICE TO: BID LOCATION: 221 E.Main Street,1st Floor Council Chambers,Round Rock,TX 78664 City of Round Rock SHOW BID OPENING DATE 8 RETURN SIGNED ORIGINAL AND ONE COPY OF BID Finance Department BID NUMBER IN LOWER LEFT 221 East Main Street HAND CORNER OF SEALED HID Round Rock, Texas 78664-5299 BIDDER SHALL SIGN BELOW ENVELOPE 6 SHOW RETURN }}FFallure to sign bid will disqualify bid ADDRESS OF BIDDING FIRM. �� BID F.O.B.DESTINATION,FREIGHT PREPAID AND Authorized Signature / Date ALLOWED UNLESS OTHERWISE SPECIFIED BELOW D111?nn Ikr�ef DESTINATION: Print Name SEE 1.6 ON BACK FOR INSTRUCTIONS: TAX ID NO.: a�53�03� City of Round Rock LEGAL BUSINESS NAME: Water BillingOffice ✓�i`�E'S 5 �.1 prn �� REMIT TO ADDRESS: S u -/i-I 7S 221 East Main Street, ORDER TO ADDRESS: — Round Rock,TX 78664 CONTACT: T��o�dw .T TELEPHONE NO.: /Z- [�(i.]_�� FAX NO: BUSINESS ENTITY TYPE: "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for s 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 indirect) , the bid made to any competitor or any other person engaged in such line of business." BEST BID EVALUATION: ALL BIDS RECEIVED SHALL BE EVALUATED BASED ON THE BEST VALUE FOR THE CITY,WHICH WILL BE DETERMINED BY CONSIDERING ALL OR PART OF THE FOLLOWING CIRTERIA: BID PRICE, REPUTATION OF BIDDER AND THE EXTENT TO WHICH THE GOODS OR SERVICES MEET THE CITY'S NEEDS AND BIDDER'S PAST RELATIONSHIP WITH THE CITY. THIS IS A MULTIPLE YEAR CONTRACT FOR SERVICES TO PRINT, INSERT,SORT AND MAIL THE CITY'S WEEKLY UTILITY BILLS AND DELINQUENT NOTICES IN ACCORDANCE WITH SPECIFICATION NO.04-915-58 REVISED JUNE 2004,ATTACHED(11 pgs) Bidder agrees to comply with all conditions set forth in this Solicitation. ITEM p CLASS 81TEM 915-58 DESCRIPTION QTY UNIT MAKEIMODEL UNIT EXTENSION ' QUANTITIES INDICATED ARE ESTIMATES FOR A TWELVE-MONTH PERIOD. PRICE 1 BILLING CYCLE-6125 WEEKLY 318,500 , 2 LATE NOTICES-1750 WEEKLY 91,000 , VENDOR SHALL NOTE TYPE OF PRESORT MAIL BIDDING,COST AND WHERE MAILING OPERATION IS LOCATED. CARRIER ROUTE s-1'27-5- 5-DIGIT 5-DIGIT s-778 3-DIGIT s i;.2q a BASIC_see 62/ow $}V PRESORT s.:35 a LOCATION:�rO(j�, AAMC -- �,3v� -��L,if�t5 ioc6 4-ied i.1 In,xDe, 3ay MAILING SERVICES DATE: JUNE 14, 2004 2of2 ........... .........::::::.:::::..:.;::::•>:::•::;:•>:.>::;:::�:::::: ::.'•: ;:`• :? ::;:::::: 5::ff:Y: : : :;:;:::::::::: :;:::::::::::::?;%:R ::: 3iF:;:;:%::::isi::;:::;:'::•'.::;:;:,+.;; :•:;3:.'•::ii::::;c;::::i;:r::::::::::;::;:::.::::;.::•::;•::::::::::::::: ITEM# CLASS&ITEM DESCRIPTION 915-58 QTY UNIT MAKE/MODEL UNIT EXTENSION THE FOLLOWING IS REQUESTED FOR INFORMATIONAL PRICE PROPOSES ONLY: PAPER VIRGIN_RECYCLED WINDOW ENVELOPE_✓VIRGIN RECYC LED $ ENVELOPE ✓VIRGIN_RECYC LED $/�,45 3 PROGRAMMING/TESTING OR SET-UP CHARGE IF ANY THIS SHALL BE A ONE TIME CHARGE 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. 4 OPTION NO.1: ADDITIONAL COLOR PRINT ON BILLS 318,500 5 OPTION NO.2: ADDITIONAL PRINT ON REVERSE OF BILL 34,000 6 OPTION NO.3: INSERT,ONE COLOR,ONE-SIDED 34,000 7 OPTION NO.4: PRINTING ONLY,ONE COLOR,ONE SIDE 20,000 013 4 t'o.GV 8 OPTION NO.5:INSERT TWO-SIDED,ONE COLOR PRINT 34,000 n�2 V $g 3g1/v 9 OPTION NO.6: PRINTING ONLY,TWO-SIDED,ONE COLOR 20,000 1,016, � eO 10 OPTION NO.7:INSERT OFF SET,TWO-SIDED,TWO COLOR PMS 34,000 11 OPTION NO.8:PRNTING ONLY,TWO COLOR PMS 20,000 y .6 2�2 9.5- V`{S7 12 OPTION NO.9:INSERT,OFFSET,TWO-SIDED FOUR CLOR CMYK 34,000 eE 3 7q �l 9S27. 13 OPTION NO.10:PRINTING ONLY-TWO-SIDED,4 COLOR CMYK 20,000 e 3�5 14 OPTION NO.11: COLORED BOND,20-LB,8-1/2 X 11 34,000 ,0 v 3`13 15 OPTION NO.12: CITY PROVIDED INSERTS TO BE INSERTED 34,000 e('7S* 4,;2 S6-,° TOTAL DELIVERY IN DAYS EXHIBIT "B" CITY OF ROUND ROCK SPECIFICATION NO. 04-915-58 REVISED:JUNE 2004 PRINTING AND MAILING SERVICES 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor to print, insert and mail the City of Round Rock Water Utilities Department weekly bills. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods or services. 2.2. Billing Cycle(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 customers. 2.3. City—Identifies the City of Round Rock,Williamson County, Texas. 2.4. Contract—A mutually binding legal document obligating the Contractor to furnish the goods or services, and obligating the City to pay for it. 2.5. Contractor—A person or business enterprise providing goods, equipment, labor and services to the City as fulfillment of obligations arising from a contract or purchase order. 2.6. Goods-Represent materials, supplies,commodities and equipment. 2.7. 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. 2.8. Services mean 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 2.9. Subcontractor-Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 2.10. Working day-defined as Monday through Friday 8:00 a.m. to 5:00 p.m. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or visited 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. Page 1 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 PART I GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor 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 Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. 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 Contractor, Contractor'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. 4. BEST BID EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The city reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall fumish the following information at a minimum: 5.1. Bidders responding to the bid shall be individuals,firms, corporations, or their subcontractors regularly engaged in the business of printing and/or mailing services. The bidder shall document its capabilities in all phases of the printing and mailing industry. 5.2. Contingency Plan: Bidder shall submit a contingency plan in accordance with Part II, paragraph 3.4. Failure to submit contingency plan may disqualify bid from award. See attached outline. 5.3. References: Provide the name, address, telephone number and point of contract of at least five persons or firms for which the bidders has performed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 5.4. Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted with the bid. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. Subcontracting shall not relieve the Contractor from any of the obligations or conditions of the contract. Page 2 of 12 SPECIFICATION NO. 04-915-58 REVISED:JUNE 2004 6. AGREEMENT:The term of this Agreement shall be for twenty-four-month period of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for two additional periods of time not to exceed twenty-four months for each renewal provided both parties agree. 7. VENDOR PERFORMANCE:The City reserves the right to review the Vendor's performance at the end of each twelve months and to cancel all or part of the Agreement(without penalty)or continue the contract through the next period. 8. 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 Contractor a written notice of termination at the end of its then current fiscal year. 9. CANCELLATION:The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Contractor 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 Contractor 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. 10. 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 salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 11. ABANDONMENT OR DEFAULT: A Contractor 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. 12. 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 electric utility, 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). 13. INDEMNITY: Contractor 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 Contractor, its officers, agents, servants and employees. 14. INSURANCE: The Contractor shall procure and maintain,at its sole cost and expense for the duration of the resulting contract or purchase order, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents,representatives, volunteers,employees or subcontractors. 14.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. Page 3 of 12 SPECIFICATION NO. 04-915-58 REVISED:JUNE 2004 14.2. The following standard insurance policies shall be required: 14.2.1. General Liability Policy 14.2.2. Automobile Liability Policy 14.2.3. Worker's Compensation Policy 14.3. The following general requirements are applicable to all policies: 14.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 14.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 14.3.3. Claims made policies shall not be accepted,except for Professional Liability Insurance. 14.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City 14.3.5. Policies shall include,but not be limited to,the following minimum limits: 14.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 14.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 14.3.5.3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for Bodily Injury of$100,000.00 each person,and$300,000.00 for each occurrence, and Property Damage Minimum limits of$50,000.00 for each occurrence. 14.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 14.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 14.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions(except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 14.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s)of insurance will contain and state, in writing, on the certificate or its attachment,the following provisions: 14.5,1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 14.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear)as to all applicable coverage. 14.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 14.5.4. Remove all language on the certificate of insurance indicating: 14.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 14.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 14.5.5. Provide for notice to the City at the addresses listed below by registered mail: 14.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property Page 4 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 damage,or any other loss to the extent it may be covered by the proceeds of insurance. 14.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 14.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 14.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 14.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock,TX 78664-5299 Round Rock,TX 78664 14.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 14.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 15. WORKERS COMPENSATION INSURANCE:Texas Labor Code,Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 15.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 15.2. Duration of the oroiect-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 15.3. Persons providing services on the oroiect("subcontractor")in Section 406.096 includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project,regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors, leasing companies, motor carriers,owner-operators,employees of any such entity,or employees of any entity,which furnishes persons to provide services on the project. "Services"include,without limitation, providing,hauling,or delivering equipment or materials,or providing labor,transportation, or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. 15.4. The CONTRACTOR shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. Page 5 of 12 SPECIFICATION NO. 04-915-58 REVISED:JUNE 2004 15.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 15.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period,file a new certificate of coverage with the OWNER showing that coverage has been extended. 15.7. The CONTRACTOR shall obtain from each person providing services on a project,and provide to the OWNER: 15.7.1. a certificate of coverage,prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project;and 15.7.2. no later than seven calendar days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 15.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 15.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known,or any change that materially affects the provision of coverage of any person providing services on the project. 15.10. The CONTRACTOR shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 15.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 15.11.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 15.11.2. provide to the CONTRACTOR, prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 15.11.3. provide the CONTRACTOR,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 15.11.4. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 15.11.4.1. a certificate of coverage,prior to the other person beginning work on the project;and 15.11.4.2. a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 15.11.5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; Page 6 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 15.11.6. notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and 15.11.7. contractually require each person with whom it contracts, to perform as required by paragraphs(A thru G),with the certificates of coverage to be provided to the person for whom they are providing services. 15.11.8. By signing the solicitation associated with this specification,or providing,or causing to be provided a certificate of coverage,the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties,civil penalties,or other civil actions. 15.11.9. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 16. LIENS: Contractor 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 Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 17. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 18. 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 11 SPECIFICATIONS 1. SCOPE: This specification describes a service to print, insert and mail the City of Round Rock Water Utilities Department weekly bills. Services shall include all labor, supplies, materials and equipment necessary to perform these services as specified herein. 2. STATEMENT OF INTENT: It is the intent of the City to establish a multiple year contract with a responsible bidder to provide printing and mailing of water utility billing cycle as specified. The initial contract 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 contractor shall provide all equipment, materials and labor necessary to receive and convert(if necessary)billing information, print statements and notices with variable information, fold and insert with return envelope and any additional inserts, seal mailing envelopes and mail to customers within the specified time. 3.1 Billing Cycles: The Contractor shall be responsible for the timely mailing of four billing cycles,which are the 17th day of the month, 24th day of the month,the last day of the month and the 7th day of the month. The volume of bills is estimated at approximately 6,125 on a weekly basis.The delinquent notices(estimated at 525 to 1750 per week) Page 7 of 12 SPECIFICATION NO. 04-915-58 REVISED:JUNE 2004 shall be mailed within the number of days agreed to by the Contractor 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 Contractor 30 days prior to any change in billing. 3.2 Billing Information: The Contractor shall receive ASCII format electronic billing information by a suitable method as agreed to by the City and the Contractor; however, the City prefers a secured electronic transfer via the Internet. 3.2.1 The City will send billing data to the Contractor before 5:00 p.m. on the Thursday prior to any billing cycle which occurs on a Saturday or Sunday or at a time that is agreeable to the Contractor and the City. 3.2.2 The City will send billing data to the Contractor before 5:00 p.m. on the Friday prior to any billing cycle occurring on a Monday or at a time that is agreeable to the Contractor and the City. 33 Mailing Schedules: The Contactor shall have prior City approval before changing the following mailing schedules before being implemented. 3.3.1 Bills shall be postmarked within 24 hours of clean data being received by the Contractor. 3.3.2 Delinquent notices shall be postmarked within 24 hours of clean data being received by the Contractor. 3.4 Contingency Plan: In the event that the service is interrupted due to equipment, personnel, etc., the Contractor shall have in place a contingency plan that shall guarantee all mailing schedules are met. Failure to submit plan with the bid may disqualify bid from award. 3.5 Staff: The Contractor shall provide well-trained and developed staff to ensure quality service for the duration of the contract and extension periods. Contractor shall: 3.5.1 Provide to the City the name and telephone number of Contractor's representative(s)and their backup. 3.5.2 Train personnel to ensure uninterrupted service 4. MATERIAL REQUIREMENTS: The Contractor shall be responsible for maintaining and storing all materials needed to fulfill the requirements of the contract. 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. Bidders 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 recycled 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 recycled 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. Page 8 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 5. PRINTING REQUIREMENTS: Printing of the billing statements, notices and envelopes shall be one color(black)processing unless otherwise specified on the bid and requested by the City. Printing quality shall be sharp, clear and precisely registered.The City will provide camera-ready artwork. 5.1 Billing Statements: Electronic billing data received shall be printed on a 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 Attachment A(constant information that may be preprinted on perforated paper)and Attachment B(variable information to be printed on preprinted paper identified as Attachment A), or in a format agreed to by the City and the Contractor. The statements shall be folded and inserted into mailing envelopes with return envelope in a manner that displays customer's address and postal barcode. 5.2 Delinquent Notices: Electronic billing data received shall be printed on a 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 Attachment C(constant information that may be preprinted)and Attachment D(variable information to be printed on preprinted paper identified as Attachment C), or in a format agreed to by the City and the Contractor. The statements shall be folded and inserted into mailing envelopes with return envelope in a manner that displays customer's address and postal barcode. 5.3 Mailing Envelopes: The envelopes shall be printed 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 E. 5.4 Return Envelopes: The envelopes shall be printed with the City's address in the center of the envelope and postal barcode in the lower right corner. See Attachment F. 5.5 Additional Inserts: The City may require additional information to be printed and inserted with the billing statement. See Part IV, Options. The City will provide artwork. 6. INSERTING REQUIREMENTS: 6.1 Billing statements shall be folded and inserted with the return envelopes in a way that the customer's address and postal barcode is visible through the windowed mailing envelope. After insertion, the mailing envelopes shall then be sealed, sorted and mailed. 6.2 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 return envelopes required. After insertion,the mailing envelopes shall then be sealed, sorted and mailed. 7. MAILING REQUIREMENTS: Contractor shall mail bills and notices in accordance with the United States Postal Service(USPS)guidelines for first-class presort mail automation for letters. NOTE: CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING POSTAGE ACCOUNT FOR THE CITY. Requirements include, but are not limited to the following: 7.1 Have presort mailing permit. 7.2 Utilize Carrier route rates if/when available. 7.3 CASS/MASS certify addresses for lowest automated rates. Page 9 of 12 SPECIFICATION NO. 04-915-58 REVISED:JUNE 2004 8. RESTRICTION OF INFORMATION: The Contractor shall be allowed to utilize the billing data provided solely for the express purpose of complying with the provisions of this contract. The Contractor is prohibited from publishing, selling, or disclosing any information provided by the City for any other purpose. The Contractor shall be legally held responsible for safeguarding this information and liable for any damages caused by the disclosure or use of the information. 9. SITE VISITS: The City and/or their representatives will have the right to visit and inspect the bidders facility any reasonable time prior to award and/or to conduct unannounced visits during the performance of the service. 10. PROBLEM AND ERROR RESOLUTION: The Contractor shall: 10.1 Notify the City of business changes that may affect the performance of contract. 10.2 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. 10.3 Reimburse the City by credit invoice for the number of incorrect mailings that used the City's master supply. 10.4 Reimburse the City by credit invoice for the number of pieces mailed incorrectly. 11. REPORTS: The Contractor shall provide to the City weekly statements or reports to include the following and any other pertinent information needed by the City: 11.1 Accurate documentation and reporting of the postal rates used for billing. 11.2 Itemized summary of bills and notices mailed weekly. PART III DELIVERY,ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery of goods and service shall be completed within the number of days 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: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock,TX78664-5299 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 Contractor 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 Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or Page 10 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 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. The is a bona fide dispute between the Contractor 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: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seg., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seg. PART IV OPTIONS Options must be identified on the IFB to be required. 1. OPTION NO. 1: Additional color printed on water bills. The City will provide information in Quark or Adobe Acrobat formats or as camera-ready artwork. 2. OPTION NO.2: Additional print runs on back of billing statement(one color). The City will provide information in Quark or Adobe Acrobat formats or as camera-ready artwork. 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 Quark or Adobe Acrobat formats or as camera-ready artwork. 4. OPTION NO.4: Printing only(overrun)-one color, one-sided print on standard 8-1/2"X 11"bond. The City will provide information in Quark or Adobe Acrobat 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 Quark or Adobe Acrobat formats or as camera-ready artwork. 6. OPTION NO. 6: Printing only(overrun) —Offset, two-sided, one color print on standard 8-1/2"X 11"24-pound bond. The City will provide information in Quark or Adobe Acrobat 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 Quark or Adobe Acrobat formats or as camera-ready artwork. 8. OPTION NO. 8: Printing only(overrun)—Offset, two-sided, two color PMS on standard 8-1/2"X 11"24-pound bond. The City will provide information in Quark or Adobe Acrobat 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 Quark or Adobe Acrobat formats or as camera-ready artwork. 10. OPTION NO. 10: Printing only(overrun)—Offset, two-sided, four color CMYK on standard 8-1/2" X 11"24-pound bond. The City will provide information in Quark or Adobe Acrobat formats or as camera-ready artwork. Page 11 of 12 SPECIFICATION NO. 04-915-58 REVISED:JUNE 2004 11. OPTION NO. 11: Colored bond, 20-pound, 8-12"X 11"for printing inserts. 12. OPTION NO. 12: City provided inserts to be inserted with the billing statement. This information if provided shall be inserted and mailed with regular billing statements. 13. OPTION NO. 13: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 12 of 12 &=CATION NO. 0"15-58 Utility Billing Department ATTAaffW A-BILLING FORM 'ROUND ROCK,TEXAS 221 East Main Street PURPOSE.PASSION.PROSPERITY. Round Rock,Texas 78664 ACCOUNTNUMBER DUE DATE PENALTY DATE AMOUNTDUE TOTAL AMOUNT DUE AFTER DUE DATE IF PAID BY DUE DATE Detach this portion and return with your payment in the envelope provided.Please do not fold or attach this stub to the payment check. SERVICE ADDRESS ACCOUNT METER • 100 GALLONS • !FROM7To OF DAYS UNITS PREVIOUSPRESENT CONSUMPTION Lobby Hours - Frlendly R-k-Voluntary Contribution to the Utility Assistance 9 A.M. -5 P.M. Monday-Friday Program•If you would like to help with this program,Please contact our office. Drive Through 8 A.M.-6 P.M. ROUND ROCK,TE CAS 512-218-5460 PURPOSE.PASSION.PROSPERITY. ATTACHMENT B '— VARIABLE INFORMATION SPECIFICATIO? NP. -l)4-915-58 Joe Smith 123 E. Main 1725901 31324046 9/25/98 10/24/98 29 24 323 347 24 Water $ 14.67 Current Bill Date 11/5198 Sewer 12.00 Last payment was received on Garbage 9.70 10/23/98 in the amount of $42.75 Recycle Fee 0.30 To avoid late charge of $3.75 Sales Tax 0.83 Please pay by the due date 11/24/98 Current Bill 37.50 Past Due Amount _ TOTAL DUE $37.50 THANK YOU FOR PAYING ON TIMET WE APPRECIATE YOUR PROMPTNESS 11/25/98 1725901 11/24/98 $41.25 $37.50 Joe Smith 123 E. Main Round Rock,TX 78664 ACCOUNT NUMBER ■ TOTAL AMOUNT IF PAID BY DUE DATE CUT-OFFDetach tws C i payment In tleenv and radon with your .pWaae do not fold or attach tl�i'u<stub to the ub� NOTICE f che&_ ATTACHMENT C Mail to: DELINQUENT NOTICES City of Round Rock '•"�- SPECIFICATION NO 04-915-58 221 East Main Street r Round Rock,Texas 78664 PROUND ROCK,TEXAS 512-218-5460 RPOSE.PASSI(K pRUSPERrry SERVICE ADDRESS • • •• • UNTDUE 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. EI servicio de agua sera desconectado si la cantidad mostrada no es pagada antes,o en la fecha de vencimiento. La falta de pago puede someter su cuenta a una comision por operacihn. No se enviara ningiun aviso adicional. Si no esti de acuerdo con la cantidad vencida, (lame a la oficina de cobros antes de la fecha indicada en este aviso. City of Round Rock Utility Billing 'ROUND R 221 E. Main Street Lobby Hours OCH TEXAS Round Rock,TX 78664-5299 9 A.M.-5 P.M.Monday-Friday PURPOSE.PASSION.PROSPSM 512-218-5460 Drive Through 8 A.M.-6 P.M. ATTACHMENT D VARIABLE INFORMATION FOR DELINQUENT , N0WCES SPECIFICATION NO. 04-915-58 Joe Smith 123 E. Main 1725901 11/26198 $37.50 1725901 •: $37.50 Joe Smith 123 E.Main Round Rock,TX 78664 wo P4 z O az wwo H H z H zw -c� oo W U Ln C7H I xzw � d r4UON E-4 H W I H 6P4 �t Presorted First Class Mail us Postage 'ROUND ROCK,TEXAS City PAID PURPOSE PASSIOM PROSPERITY Uft wn of Round Rock 221 East Melo Street Round Rods,Texas MU RETURN SERVICE REQUESTED. WATER BILL ENCLOSED wo az 0 az H E-+ z Ey zw -.:J� 00 W U Ln _ H xzrX U 04 H H W I EyWP, .t 04 V O PLACE STAMP HERE CITY OF ROUND ROCK UTILITY DEPARTMENT 221 E MAIN ST ROUND ROCK TX 78664-5299 11111l1l11fill Ifill EXHIBIT "C" SPECIFICATION NO. 04-915-58 REVISED:JUNE 2004 CONTINGENCY PLAN Bidders shall provide detailed contingency plans to include the following information at a minimum to ensure mailing schedules are maintained: 1. Customer service 2. Maintaining mailing schedules 3. Equipment Failure 4. Postage fund shortage at the Post Office 5. Staff shortage 6. Training and development for new staff members 7. Printing error resolutions a. Prior to mailing b. After mailing 8. Mailing error resolutions a. After mailing 9. Reimbursement policy due to error: a. Materials b. Postage Page 1 of I CONTINGENCY PLAN Customer Service Business Ink, Company places a high value on quality and effective customer service. We have adopted a work practice of being a partner with our customers, and not just another vendor. In fact, our company's tagline is: "Partnerships for Integrated Solutions". If awarded the contract, we will provide contact information for reaching the Business Ink customer service representative assigned to the account. Alternate customer service contact information will be provided and reachable during normal business hours in the event the primary representative cannot be reached. Business Ink works closely with its customers to develop custom inventory and workflow reports to keep our customers fully informed of work in progress, inventory, and data regarding completed projects. In many cases our customers have opted for online reporting—enabling them to view reports at the earliest possible time. Maintaining Mailing Schedules Business Ink Company understands the importance of completing mailing requirements and dropping at the USPS on the designated date. If awarded the contract, we will plan our workflow in light of the designated dates provided by the Round Rock Water Billing Office. The four established mailing dates will allow us to schedule the resources needed for printing and mailing, including: data management personnel; printing personnel and equipment; and mailing personnel and equipment. The established schedule will allow us to implement a pull schedule—where the project will be pulled from one department to another; as opposed to a push schedule—where a project must be pushed from one department to the next. In other words, our departments will work as a team. Each department will know the beginning and ending dates regarding the workflow prior to and subsequent to their own department. If awarded the contract, we will consider the Round Rock Water Billing to be a priority, and we will not allow other projects to interfere with, or cause delays of the scheduled mailings. We manage similar ongoing projects, and have an excellent history of delivering mailings on time to the USPS. Equipment Failure Business Ink has redundant capabilities for all printing and mailing equipment. Should one piece of equipment become inoperable, other machines can be used to complete the job. For example, we have five high-speed laser printers; five letter insert machines; and three company vehicles to deliver mail to the USPS. All of Business Ink's mailing equipment is serviced regularly by an Austin-based mail systems servicing company, which specializes in the service and repair of mailing equipment, and has provided a written agreement to respond and be available 24/7. This vendor has typically responded to our calls for service within 30 minutes. Our laser printing equipment is also regularly serviced by an Austin-based company specializing in the servicing of these machines. This company typically responds to calls for service within 2 hours. Postage Fund Shortage at the Post Office Business Ink currently maintains postal fund accounts for several of its customers. We have applied the same elements we use for inventory control of customer-owned materials to maintaining this function to significantly reduce the possibility of funds not being available at the time of a mailing. Additionally, we telephone the post office on the scheduled day of a mailing to ensure that adequate postal funds in the customer's account are available for that day's mailing. In the unusual event of insufficient funds in the customer's postal account, we will fund the customer's postal account, then bill the customer for reimbursement. This is a service we extend to customers who have ongoing mailing projects. These procedures work to ensure that mailings are not late due to insufficient postal account funds. If awarded the contract, we will: continuously monitor the funds in the postal account; establish usage trends; establish the minimum time required for check requests from the City in order to maintain adequate account funding; notify the City of the need for postal account funding; and temporarily fund the account in the event that funding is insufficient for a mailing. Additionally, if it is agreeable,we will post a secure report (accessible by password) on our website that will reflect up-to-date postage usage and funding amount. We feel that it is in our best interest, as well as that of our customers to effectively manage postal account funding. Staff Shortage We place a high emphasis on having adequate backup for all production positions at our company. We regularly rotate employees in the various production positions in order to effectively cross-train our employees. We have approximately 30 employees, and many of these employees are capable of effectively working in several production positions. We have adequate backup personnel for the following positions: database management; high-speed, variable data laser printing; folding, inserting, sorting, and delivering mail to the USPS. Due to our number of employees, our policy for cross-training employees, and the size of the project, we do not foresee any problems regarding staff shortage. Training and Development of New Staff Members As previously mentioned, we routinely cross-train our employees to work in other positions within the company, should the need arise. We typically hire employees who have previous experience in the area for which they're being hired. Our policy and procedure in this area will work to ensure uninterrupted service. Printing Error Resolutions Prior to Mailing Our quality control procedures significantly reduce the likelihood of printing errors. We utilize a Bill of Materials (BOM) system, that completely defines the job being performed. The BOM requires checks-and-balances to ensure that more than one person performs accuracy and quality checks prior to mailing. In addition, we utilize two processes that allows us to identify potential errors. In the unlikely event that a printing error occurs and is discovered prior to mailing, Business Ink will reprint the incorrect piece(s) at the soonest possible time in order to meet the mailing deadline, or as soon as possible thereafter. Business Ink is willing to work overtime in order to correct a printing error. If the error is the fault of Business Ink, we will reprint the incorrect pieces at no charge to the City. If the error is not Business Ink's fault, we will bill for the cost of reprinting. After Mailing In the unlikely event that a printing error occurs and is discovered after mailing, Business Ink will reprint the incorrect piece(s) at the soonest possible time. Business Ink is willing to work overtime in order to correct a printing error. If the error is the fault of Business Ink, we will reprint the incorrect pieces at no charge to the City. If the error is not Business Ink's fault, we will bill for the cost of reprinting. Mailing Error Resolutions In the unlikely event that a mailing error occurs, Business Ink will reprint and mail the incorrect piece(s) at the soonest possible time. Business Ink is willing to work overtime in order to correct a mailing error. If the error is the fault of Business Ink, we will mail the incorrect pieces at no charge to the City. If the error is not Business Ink's fault, we will bill for the mailing cost of. Reimbursement Policy Due to Error Materials Business Ink assumes full responsibility for customer-owned materials that it stores, handles, and processes. In the unlikely event that materials are destroyed, become unusable, or otherwise unaccounted for while under our control, Business Ink will pay for the replacement of those materials. An exception to this policy is the normal amount of"spoilage" that occurs during the production process. The spoilage amount is generally 1% or less. Postage In the unlikely event that Business Ink has mailed in error, we will pay the postage costs, if the error is our fault. If the error is the fault of the City, Business Ink will not be responsible for the postage costs due to the error. Disaster Recovery and Security We consider the ability to carry on our customers' business in the event of unforeseen events to be an integral part of Quality Management. To help protect our customers' interests, Business Ink, Co. has implemented steps for a Contingency Plan. Business Ink, Co. maintains redundant working files; dual-site customer finished-goods inventory and some raw materials inventory; and maintains sufficient relationships with outside vendors to be able to outsource work in the event of a disaster or business interruption. Briefly, the disaster recovery operational plan follows this outline: 1. Determine nature and initial extent of loss (data, physical inventory, production capacity, property, casualty); 2. Notify insurers with preliminary details as appropriate to nature of disaster; 3. Download files from previous day's DAT backup at remote NT server(this includes customer artwork files and all other working files, excluding Payroll, A/R, and A/P accounting data); 4. Notify ISP of interruption in service and reroute remotely-hosted web site to remote NT server; 5. Ascertain extent of inventory loss and use alternately-sited inventory to fill ongoing requirements; 6. Ascertain loss of in-house production capacity and move work to outside vendors if necessary; 7. Notify insurers of extent of loss and details thereof. Offsite backup Full backups of the server are made weekly, and incremental backups are made nightly. Weekly backup tapes are stored offsite. With the exception of application files, some accounting files, and personal files, no files are stored on local hard drives. Physical protection of property All finished materials in inventory are adequately insured and stored in multiple locations to insure that customers' business interests are protected and operations will remain unaffected in the event of any supply chain disruption. Business Ink occupies approximately 40,000 square feet of space in two buildings on I-35. The production and warehouse building on I-35 is fully climate controlled and protected from fire by a sprinkler system. Additionally, the building has a basement, which provides an extra margin of safety against total disaster. When required, customer inventory (envelopes, etc.) can be stored on both levels. Security Physical Security Business Ink's production and warehouse facility has no windows, four walk-through doors, and two overhead doors. Conventional locks and/or deadbolt locks are used on each door. Door locks are configured to allow emergency egress from the building as required by the Austin Fire Marshal. Business Ink's production and warehouse facility are protected from fire by an automatic fire sprinkler system that is electronically monitored according to government fire and safety codes. All doors are locked from the outside, or physically manned at all times. The main walkthrough door has a commercial-grade electonic combination lock, to which employees and authorized contract service personnel are issued individual codes to allow access during business hours. After business hours, a key and an alarm code are required to enter the building. Only those employees who have been determined to have a legitimate business need have been issued keys to the building. The door with the combination lock is locked with a deadbolt at the end of each business day, meaning that only employees who have been issued a key and an alarm code may enter the building after-hours. The production and warehouse building(Building 3) is protected from fire by a fire sprinkler system. The system has an alarm system that is monitored 24/7. Electronic Security The production and warehouse facility is equipped with an alarm system that is monitored 24/7 by an off-site monitoring service. Each door is monitored by the alarm system, and each entry area is protected by a motion detector as backup. Only those employees who have been determined to have a legitimate business need are issued an alarm code to arm and disarm the system. The issuance of individual codes to each authorized employee allows for complete after-hours ingress and egress audit capabilities. The system is armed at the end of each work day to protect the building from unauthorized access when unoccupied. Security Policies All visitors to Business Ink's production and warehouse facility (Building 3) must first register at the receptionist's desk at Building 2. All visitors must be escorted by a Business Ink employee. Visitors must be cleared by the owner, Operations Manager, or Security Manager. Visitors must wear a Visitor's identification badge and must be escorted at all times by an employee. Contractors must also register at Building 2 before entering Building 3. Contractors are clearly instructed as to the areas of the building where they are authorized to go. Contractors are issued a combination code that will only work during business hours. Contractor combinations are deleted when their work is completed. Proposed Performance Measurement/Monitoring Plan Business Ink, Company will use its current Quality Management System (QMS) to verify that contract requirements are met; internal processes are monitored and evaluated, and that mailhouse operations problems are identified and corrected in a timely manner. Business Ink, Company uses a "Corrective Action / Preventive Action" approach to Quality Assurance. Operating procedures exist to train and to be used as reference for production procedures. When a quality problem arises not only is the immediate problem resolved but the operating procedures are analyzed. Three possible courses of action can occur after analysis: revision of the current operating procedure; creation of a new operating procedure; or additional staff training. If it is determined that the operating procedure need to be revised, a new operating procedure needs to be created or simply retraining of the existing procedure will prevent the problem. Products received or produced by Business Ink Company are inventoried. All products are inspected, counted and labeled before being put into inventory. Cycle counting procedures and adherence to operating procedures reduces the chance of lost or inaccurate inventory counts. For highly valuable inventory or negotiable documents, we have procedures for keeping the product locked up at all times. Private information under HIPAA is covered up when not being worked, locked up at night and shredded before deposition. All inventory is inspected at receipt. A "Warehouse Transfer Request" is created to move inventory out of inventory. "Engineering Change Orders" (ECN) are created to communicate to production and to the warehouse. Operating procedure calls for first articles on new jobs to be signed off by the Project Manager. In the case of daily production, the Bill-of-Materials is signed off by 2 members of the crew plus the lead operator. In addition to contents compared to part number of the master sample, product order and mailing parameters are checked. Items are weighed and compared to BOM (Bill of Materials) weight. The weight is a second level check that all content is are the same and gives a base-to-weight check throughout the production run. During inserting, products are inspected at 1st article and throughout the run. Any failure causes the operator to stop the machine and not only resolve the found problem but to inspect all items back to the last sample. Strict count controls are part of all our processes. The counts start with customer transmittals that state the data file counts per product. BIL) I Ab VENDOR VENDOR VENDOR VENDOR VENDOR BID NUMBER: 04-011 Business Ink,Co NPSI INTERCEPT DATAPROSE BID OPENING: 6/29/2004 3:PM Printing&Mailing Services DELIVERY DELIVERY DELIVERY DELIVERY: DELIVERY: TOTAL: $46,126.34 TOTAL $56,675.35 TOTAL: $67,741.50 TOTAL: $56,366.00 TOTAL: $o 00 Item Bid item(s) QTY Unit$ Extended jUnit$ Extended Unit$ Extended Unit$ Extended Unit$ Extended 318,500 0.0948 $30,193.80 0.1003 $31,945.55 0.1250 $39,812.50 0.1280 $40,768.00 1 BILLING CYCLE 91,000 0.0948 $8,626.80 0.1296 $11,793.60 0.1090 $9,919.00 0.1280 $11,648.00 2 LATE NOTICES ------ CARRIER ROUTE 0.2750 0.2750 ------------------------------ ------------ --------------- ---------------- -------------- ------------------ --------------- --------------- ----------------- ---------------- -------------- --------------- 5 DIGIT 0.2780 0.2780 0.2780 ------ ------------------------------------------------------------ ---------------- -------------- ------------------ --------------- --------------- ----------------- ---------------- -------------- --------------- 3 DIGIT 0.2900 0.2910 ------ ------------------------------------------------------------ ---------------- -------------- ------------------ --------------- --------------- ----------------- ---------------- -------------- --------------- BASIC 0.3010 0.3090 ------ -ASIC----------------------- - -------- ---------.309 ---------------- -------------- --------------------------------------------------- ----------------- ---------------- -------------- --------------- BASIC 0.3090 ------ ------------------------------ ------------ ---------.352 ---------------- -------------- --------------------------------------------------- ----------------- ---------------- -------------- --------------- PRESORT 0.35200.3520 ------ ----ATIO-------------------- ------------ -------------------------------- ----USTI---- --------------------------------------------------- -----------AIN ---------------- -------------- --------------- LOCATIONS RR P.O. AUSTIN ---- SAT -- No TX MAIN ------ ------------------------------ ------------ --------------- ---------------- --------- -- --------------- ----------------- ---------------- -------------- --------------- PAPER 8.9600 0.0080 ------ ------------------------------ ------------ --------------- ---------------- -------------- ------------------ --------------- --------------- ----------------- ---------------- -------------- --------------- WINDOW ENVELOPES 13.8600 0.0020 ------ ------------------------------ ------------ ----------------------------------------------- ----------------------------.002 --------------- ----------------- ---------------- --------------ENVELOPE --------------- 11.9500 0.0020 ------ ------------------------------ ------------ ----------------------------------------------- ---------------------------------------------------t----------------- ---------------- -------------- --------------- 3 PROGRAM SETUP 1 N/C 40.0000 $40.00 3,500.0000 $3,500.00 250.0000 $250.00 4 OPTION N0.1 318,500 0.00055 $175.18 0.0132 $4,204.20 N/C n/c 5 OPTION NO.2 34,000 0.01500 $510.00 0.0229 $778.60 0.0090 $306.00 0.0350 $1,190.00 6 OPTION NO.3 34,000 0.01926 $654.84 0.0231 $785.40 0.0520 $1,768.00 0.0050 $170.00 20,000 0.01300 $260.00 0.0275 $550.000 0.0450 $900.00 0.0350 $700.00 7 OPTION NOA 34000 0.02465 $838.10 0.0266 $904.40 0.0590 $2,006.00 0.0050 $170.00 8 OPTION NO.5 20000 0.01600 $320.00 0.0306 $612.00 0.0520 $1,040.00 0.0650 $1,300.00 9 OPTION NO.6 10 OPTION NO. 7 34,000 0.03476 $1,181.84 0.0327 1,111.80 0.0650 2,210.00 0.0050 $170.00 20,000 0.02285 $457.00 0.0379 $758.00 0.0580 $1,160.00 0.0450 $900.00 11 IOPTION NO. 8 34,000 0.05374 $1,827.16 0.0417 $1,417.80 0.0930 $3,162.00 0.0050 $170.00 12 OPTION NO.9 20,000 0.03550 $710.00 0.0547 $1,094.00 0.0860 $1,720.00 0.0450 $900.00 13 OPTION NO. 10 14 OPTION NO. 11 34,000 0.00343 $116.62 0.0100 $340.00 N/C 0.0750 $2,550.00 34,000 0.00750 $255.00 0.0100 $340.00 0.0070 $238.00 0.0050 $170.00 15 OPTION NO. 12 FOLDED 16 24 LB BOND 34,000 0.0009 $30.60 Items 1,2 and 3 only $38,820.60 $43,779.15 $53,231.50 $52,666.00 PRINTING MAILING SERVICES BID NO.04-011 BEST VALUE ANALYSIS 7/29/2004 PAST PRESORT AND TOTAL BIDDER PRICE REPUTATION PERFORMANCE CONTINGENCY DELIVERY OPTIONS POINTS BUSINESS INK 55.00 NPSI 48.79 - INTERCEPT 40.10 DATAPROSE 40.54 POINT VALUE 55 20 5 10 10 100 BEST VALUE FORMULA=LOW BID DIVIDED BY BID THEN MULTIPLIED BY POINT VALUE DAVE: August 20, 2004 SUBJECT: City Council Meeting - August 26, 2004 ITEM: 13.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Printing and Mailing Services with Business Ink, Co. Department: Finance/Utility Billing Staff Person: Cindy Demers, Finance Director Justification: The City recommends entering into an initial two year agreement with Business Ink, Company for printing and mailing services associated with utility billing. Business Ink will provide all materials, equipment and labor necessary to print, insert and mail customer bill statements and notices. The agreement also includes an option to renew for additional two- year terms after the initial period. Funding• Cost: Annual estimated cost - $40,000 - $47,000 depending upon additional printing options exercised (not including postage) Source of funds: Utility Operating Fund Background Information: Business Ink, Co. submitted the best value and lowest responsible bid for printing and mailing services out of the four bids received. Fifteen vendors were solicited with five being HUB or minority certified. No HUB's responded. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF PRINTING AND MAILING SERVICES FROM BUSINESS INK, CO. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § That this Agreement for services to provide printing and mailing services., (referred to herein as the "Agreement") to commence on or about September 27, 2004, is made and entered into 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 Business, Ink, Co., whose offices are located at 10214 North IH 35, Bldg. II, Austin Texas 78664 (referred to herein as the "Vendor"). 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. RECITALS: WHEREAS, City desires to purchase Printing and Mailing Services from Vendor; and WHEREAS, City has issued its "Solicitation" for City to provide said services, and City has selected the solicitation response 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: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods or services and Vendor is obligated to sell specified goods or services. 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. �— ay -o8-acs- 1301 1 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 supplies, materials, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date specified or at the time 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 term of this Agreement shall be for a twenty-four month period of time. After the initial term, this Agreement may be renewed for up to two additional periods of time not to exceed two years for each renewal provided both parties agree. C. City reserves the right to review the Vendor's performance at any time during the initial agreement or renewal period, 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 as the integrator of choice to supply the goods or services as outlined in the Exhibits 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 Invitation For Bid (IFB) and as offered by Vendor's bid. The Agreement includes the following Exhibits: a. Exhibit "A" designated as IFB No. 04-011 "Printing and Mailing Services" as completed by Vendor. b. Exhibit "B" Specification Number 04-915-58, revised June 2004 with Attachments A through F. c. Exhibit "C" Contingency Plan Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement (2) Exhibit "A (3) Exhibit "B" (4) Exhibit "C" 2 4.01 ITEMS AWARDED The goods or services, which are the subject matter of this Agreement, are described in the Exhibits and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 5.01 COSTS The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor. Agreement prices shall be original price, terms and conditions plus any approved changes. 6.01 PRICE ADJUSTMENT The City may permit "unit price" adjustments upwardly or downwardly when correlated with the price index specified herein. The base line index shall be the index announced for the month in which the solicitation was opened. Unit prices may be adjusted for each renewal period in accordance with changes in index. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. The allowable percent change shall be rounded to the nearest one- hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change. 7.01 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. 8.01 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 goods or 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. 9.01 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 City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) 3 days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor 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. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached solicitation number 04-011 and its bid response. 4 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Irma Mendoza Finance—Utility Billing 221 East Main Street, Is'Floor Round Rock, Texas 78664 512-218-5465 15.01 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. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods or 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 goods or service and that it may not be considered in future bids for the same type goods or service 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. 17.01 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 only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, 5 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. 18.01 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. 19.01 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. 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 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 the 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: Business Ink, Co. 10214 North IH 35, Bldg. II Austin, TX 78753 6 Notice to City: David Kautz,Asst. City Manager Stephan L. Sheets, City Attorney Chief Financial Officer 309 East Main Street 221 East Main Street AND TO: Round Rock, TX 78664 Round Rock, TX 78664 c) 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 g overned by and c onstrued i n accordance w ith 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. 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 7 the essence of this Agreement be determined void. 25.01 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. CITY OF U D R CK, E BUSINESS INK, CO el By: By: C Title: 2 Title: Printed Name Printed Name te Date Signed: O " (O ' Date Signed: �'��i��l A TEST: APPMO Christine R. Martinez, Cit Secret Date Signed: 8,a —Q ;AZ7. -1 MA-TTORNEY 8 EXHIBIT "A" MAILING SERVICES DATE: JUNE 14, 2004 iof2 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 BIDDING INFORMATION: FACIMILERESPONSES BID NUMBER 04-011 OPENING TIME. SHALL NOT BE ACCEPTED OPENING DATE: 6/29/2004 at 3:00 P.M. INVOICE TO: BID LOCATION: 221 E.Main Street, 1st Floor Council Chambers,Round Rock,TX 78664 City of Round Rock SHOW BID OPENING DATE 6 RETURN SIGNED ORIGINAL AND ONE COPY OF BID Finance Department BID NUMBER IN LOWER LEFT 221 East Main Street HAND CORNER OF SEALED BIO BIDDER SHALL SIGN BELOW Round Rock, Texas 78664-5299 ENVELOPE 6 SHOW RETURN allure to sign bid will disqualify bid ADDRESS OF BIDDING FIRM. , Authorized Signature Date BID F.O.B.DESTINATION,FREIGHT PREPAID AND //u/ /�� ALLOWED UNLESS OTHERWISE SPECIFIED BELOW '7,1 /- laI 7221 TION: Print Name SEE 1.6 ON BACK FOR INSTRUCTIONS: TAX IDNO.: o2�S3$038 City of Round Rock LEGAL BUSINESS NAME: ,i�S 5 �i? Water Billing Office REMIT TO ADDRESS: East Main Street, ORDER TO ADDRESS: — Round Rock,TX 78664 CONTACT: " -.. G� dw,.1 _ TELEPHONENO.: /z- 5/x.7-//�// FAX NO: BUSINESS ENTITY TYPE: "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for s 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 business." BEST BID EVALUATION: ALL BIDS RECEIVED SHALL BE EVALUATED BASED ON THE BEST VALUE FOR THE CITY,WHICH WILL BE DETERMINED BY CONSIDERING ALL OR PART OF THE FOLLOWING CIRTERIA: BID PRICE, REPUTATION OF BIDDER AND THE EXTENT TO WHICH THE GOODS OR SERVICES MEET THE CITY'S NEEDS AND BIDDER'S PAST RELATIONSHIP WITH THE CITY. THIS IS A MULTIPLE YEAR CONTRACT FOR SERVICES TO PRINT, INSERT,SORT AND MAIL THE CITY'S WEEKLY UTILITY BILLS AND DELINQUENT NOTICES IN ACCORDANCE WITH SPECIFICATION NO.04-915-58 REVISED JUNE 2004,ATTACHED(11pgs) Bidder agrees to comply with all conditions set forth in this Solicitation. ITEM 0 CLASS&ITEM DESCRIPTION 915-58 QTY UNIT MAKE/MODE L UNIT EXTENSION QUANTITIES INDICATED ARE ESTIMATES FOR A TWELVE-MONTH PERIOD. - PRICE dd 1 BILLING CYCLE-6125 WEEKLY 318,500 ,Q�Iqg f3©/9j.6U 2 LATE NOTICES-1750 WEEKLY 91,000 ,�i94g '8,(� VENDOR SHALL NOTE TYPE OF PRESORT MAIL BIDDING,COST AND WHERE MAILING OPERATION IS LOCATED. CARRIER ROUTE $-1U?75 5-DIGIT $,278 3-DIGIT BASIC_s22 Q>lvty $ PRESORT LOCATION:1�!Gy{jf,r�Q < iQ0 v 4�1 jj?OCK PpS f G�t iC z r.1 MAILING SERVICES DATE: JUNE 14, 2004 2of2 ITEM..........::.�:::::.::.:�:::::::.:,•:;:>:.:;;;:•;;;;::.;::.;:.::�:�:::�:%:;`:':5::::�:::::::�i::�:::R`T�:�i::::5i:::`;2�::i:;::G;:::;�;£:>:�:�;:�SS::t>::i�i:•:�:•>:.'•:�:•:S>:•::;CS::•:;•;:: ;::•'>:.:£i::•::::%;�:;::�;::<;;}:•::t•:::•::n;:�::k:::S:;::•::•;:•:>:.:�::,:;:;:;.::.;;>::.»;::�:�:::::;:;':::•::::'•;;;:•:.;::.: # CLASS&ITEM DESCRIPTION QTY UNIT MAKE/MODEL UNIT EXTENSION 915-58 THE FOLLOWING IS REQUESTED FOR INFORMATIONAL PRICE PROPOSES ONLY: PAPER_✓VIRGIN_RECYCLED WINDOW ENVELOPE ✓VIRGIN_RECYC LED _ $1.3&b ENVELOPE ✓VIRGIN_RECYC LED $ 3 PROGRAMMING/TESTING OR SET-UP CHARGE IF ANY THIS SHALL BE A ONE TIME CHARGE 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. 4 OPTION NO.1: ADDITIONAL COLOR PRINT ON BILLS 318,500 5 OPTION NO.2: ADDITIONAL PRINT ON REVERSE OF BILL 34,000 ,E7/� 5//✓.` 6 OPTION NO.3: INSERT,ONE COLOR,ONE-SIDED 34,000 _ 7 OPTION NO.4: PRINTING ONLY,ONE COLOR,ONE SIDE 20,000 0/3 4'2 60, 8 OPTION NO.5:INSERT TWO-SIDED,ONE COLOR PRINT 34,000 0,2 s-S 9 OPTION NO.6: PRINTING ONLY,TWO-SIDED,ONE COLOR 20,000 so/c, � 10 OPTION NO.7:INSERT OFF SET,TWO-SIDED,TWO COLOR PMS 34,000 $', 3y 76 $'//bl,�f 11 OPTION NO.8:PRNTING ONLY,TWO COLOR PMS 20,000 ,e)2,29,5- ; c f S 7 c o 12 OPTION NO.9:INSERT,OFFSET,TWO-SIDED FOUR CLOR CMYK 34,000 653 7q 1/ 2� 13 OPTION NO. 10:PRINTING ONLY-TWO-SIDED,4 COLOR CMYK 20,000 b (i'3�S 14 OPTION NO. 11: COLORED BOND,20-LB,8-1/2 X 11 34,000 (b, t 15 OPTION NO. 12: CITY PROVIDED INSERTS TO BE INSERTED 34,000�jG 7S 41;2&6-.�° 13b.&-c 'D�� — ])2�i✓1r2cll -�v �1`, Gilt-ead'� -Fo(�e� TOTALy� DELIVERY IN DAYS EXHIBIT "B" CITY OF ROUND ROCK SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 PRINTING AND MAILING SERVICES 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor to print, insert and mail the City of Round Rock Water Utilities Department weekly bills. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods or services. 2.2. Billing Cycle (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 customers. 2.3. City— Identifies the City of Round Rock, Williamson County, Texas. 2.4. Contract—A mutually binding legal document obligating the Contractor to furnish the goods or services, and obligating the City to pay for it. 2.5. Contractor—A person or business enterprise providing goods, equipment, labor and services to the City as fulfillment of obligations arising from a contract or purchase order. 2.6. Goods- Represent materials, supplies, commodities and equipment. 2.7. 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. 2.8. Services mean 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 2.9. Subcontractor-Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 2.10. Working day-defined as Monday through Friday 8:00 a.m. to 5:00 p.m. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or visited 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. Page 1 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 PART I GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor 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 Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. 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 Contractor, Contractor'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. 4. BEST BID EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The city reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 5.1. Bidders responding to the bid shall be individuals, firms, corporations, or their subcontractors regularly engaged in the business of printing and/or mailing services. The bidder shall document its capabilities in all phases of the printing and mailing industry. 5.2. Contingency Plan: Bidder shall submit a contingency plan in accordance with Part II, paragraph 3.4. Failure to submit contingency plan may disqualify bid from award. See attached outline. 5.3. References: Provide the name, address, telephone number and point of contract of at least five persons or firms for which the bidders has performed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 5.4. Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted with the bid. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. Subcontracting shall not relieve the Contractor from any of the obligations or conditions of the contract. Page 2 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 6. AGREEMENT: The term of this Agreement shall be for twenty-four-month period of time from the Tate of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for two additional periods of time not to exceed twenty-four months for each renewal provided both parties agree. 7. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve months and to cancel all or part of the Agreement(without penalty)or continue the contract through the next period. 8. 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 Contractor a written notice of termination at the end of its then current fiscal year. 9. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Contractor 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 Contractor 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. 10. 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 salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 11. ABANDONMENT OR DEFAULT: A Contractor 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. 12. 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 electric utility, 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). 13. INDEMNITY: Contractor 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 Contractor, its officers, agents, servants and employees. 14. INSURANCE: The Contractor shall procure and maintain, at its sole cost and expense for the duration of the resulting contract or purchase order, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives,volunteers, employees or subcontractors. 14.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. Page 3 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 14.2. The following standard insurance policies shall be required: 14.2.1. General Liability Policy 14.2.2. Automobile Liability Policy 14.2.3. Worker's Compensation Policy 14.3. The following general requirements are applicable to all policies: 14.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 14.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 14.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 14.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 14.3.5. Policies shall include, but not be limited to,the following minimum limits: 14.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 14.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 14.3.5.3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for Bodily Injury of$100,000.00 each person,and $300,000.00 for each occurrence, and Property Damage Minimum limits of$50,000.00 for each occurrence. 14.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 14.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 14.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 14.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s)of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 14.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 14.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear)as to all applicable coverage. 14.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 14.5.4. Remove all language on the certificate of insurance indicating: 14.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 14.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 14.5.5. Provide for notice to the City at the addresses listed below by registered mail: 14.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property Page 4 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 damage, or any other loss to the extent it may be covered by the proceeds of insurance. 14.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 14.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 14.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 14.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock,TX 78664-5299 Round Rock,TX 78664 14.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 14.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 15. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 15.1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 15.2. Duration of the proiect-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 15.3. Persons providing services on the proiect("subcontractor")in Section 406.096 includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors, leasing companies, motor carriers, owner-operators,employees of any such entity, or employees of any entity,which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling,or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. 15.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. Page 5 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 15.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 15.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project,the CONTRACTOR must, prior to the end of the coverage period,file a new certificate of coverage with the OWNER showing that coverage has been extended. 15.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 15.7.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project;and 15.7.2. no later than seven calendar days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 15.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 15.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 15.10. The CONTRACTOR shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 15.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 15.11.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 15.11.2. provide to the CONTRACTOR,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 15.11.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 15.11.4. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 15.11.4.1. a certificate of coverage, prior to the other person beginning work on the project; and 15.11.4.2. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 15.11.5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; Page 6 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 15.11.6. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and 15.11.7. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. 15.11.8. By signing the solicitation associated with this specification,or providing,or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties,or other civil actions. 15.11.9. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 16. LIENS: Contractor 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 Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 17. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 18. 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 II SPECIFICATIONS 1. SCOPE: This specification describes a service to print, insert and mail the City of Round Rock Water Utilities Department weekly bills. Services shall include all labor, supplies, materials and equipment necessary to perform these services as specified herein. 2. STATEMENT OF INTENT: It is the intent of the City to establish a multiple year contract with a responsible bidder to provide printing and mailing of water utility billing cycle as specified. The initial contract 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 contractor shall provide all equipment, materials and labor necessary to receive and convert(if necessary) billing information, print statements and notices with variable information, fold and insert with return envelope and any additional inserts, seal mailing envelopes and mail to customers within the specified time. 3.1 Billing Cycles: The Contractor shall be responsible for the timely mailing of four billing cycles,which are the 17th day of the month, 24th day of the month, the last day of the month and the 7th day of the month. The volume of bills is estimated at approximately 6,125 on a weekly basis. The delinquent notices (estimated at 525 to 1750 per week) Page 7 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 shall be mailed within the number of days agreed to by the Contractor 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 Contractor 30 days prior to any change in billing. 3.2 Billing Information: The Contractor shall receive ASCII format electronic billing information by a suitable method as agreed to by the City and the Contractor; however, the City prefers a secured electronic transfer via the Internet. 3.2.1 The City will send billing data to the Contractor before 5:00 p.m. on the Thursday prior to any billing cycle which occurs on a Saturday or Sunday or at a time that is agreeable to the Contractor and the City. 3.2.2 The City will send billing data to the Contractor before 5:00 p.m. on the Friday prior to any billing cycle occurring on a Monday or at a time that is agreeable to the Contractor and the City. 3.3 Mailing Schedules: The Contactor shall have prior City approval before changing the following mailing schedules before being implemented. 3.3.1 Bills shall be postmarked within 24 hours of clean data being received by the Contractor. 3.3.2 Delinquent notices shall be postmarked within 24 hours of clean data being received by the Contractor. 3.4 Contingency Plan: In the event that the service is interrupted due to equipment, personnel, etc., the Contractor shall have in place a contingency plan that shall guarantee all mailing schedules are met. Failure to submit plan with the bid may disqualify bid from award. 3.5 Staff: The Contractor shall provide well-trained and developed staff to ensure quality service for the duration of the contract and extension periods. Contractor shall: 3.5.1 Provide to the City the name and telephone number of Contractor's representative(s)and their backup. 3.5.2 Train personnel to ensure uninterrupted service 4. MATERIAL REQUIREMENTS: The Contractor shall be responsible for maintaining and storing all materials needed to fulfill the requirements of the contract. 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. Bidders 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 recycled 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 recycled 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. Page 8 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 5. PRINTING REQUIREMENTS: Printing of the billing statements, notices and envelopes shall be one color(black)processing unless otherwise specified on the bid and requested by the City. Printing quality shall be sharp, clear and precisely registered. The City will provide camera-ready artwork. 5.1 Billing Statements: Electronic billing data received shall be printed on a 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 Attachment A(constant information that may be preprinted on perforated paper)and Attachment B (variable information to be printed on preprinted paper identified as Attachment A), or in a format agreed to by the City and the Contractor. The statements shall be folded and inserted into mailing envelopes with return envelope in a manner that displays customer's address and postal barcode. 5.2 Delinquent Notices: Electronic billing data received shall be printed on a 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 Attachment C(constant information that may be preprinted)and Attachment D (variable information to be printed on preprinted paper identified as Attachment C), or in a format agreed to by the City and the Contractor. The statements shall be folded and inserted into mailing envelopes with return envelope in a manner that displays customer's address and postal barcode. 5.3 Mailing Envelopes: The envelopes shall be printed 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 E. 5.4 Return Envelopes: The envelopes shall be printed with the City's address in the center of the envelope and postal barcode in the lower right corner. See Attachment F. 5.5 Additional Inserts: The City may require additional information to be printed and inserted with the billing statement. See Part IV, Options. The City will provide artwork. 6. INSERTING REQUIREMENTS: 6.1 Billing statements shall be folded and inserted with the return envelopes in a way that the customer's address and postal barcode is visible through the windowed mailing envelope. After insertion, the mailing envelopes shall then be sealed, sorted and mailed. 6.2 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 return envelopes required. After insertion, the mailing envelopes shall then be sealed, sorted and mailed. 7. MAILING REQUIREMENTS: Contractor shall mail bills and notices in accordance with the United States Postal Service(USPS)guidelines for first-class presort mail automation for letters. NOTE: CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING POSTAGE ACCOUNT FOR THE CITY. Requirements include, but are not limited to the following: 7.1 Have presort mailing permit. 7.2 Utilize Carrier route rates if/when available. 7.3 CASS/MASS certify addresses for lowest automated rates. Page 9 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 8. RESTRICTION OF INFORMATION: The Contractor shall be allowed to utilize the billing data provided solely for the express purpose of complying with the provisions of this contract. The Contractor is prohibited from publishing, selling, or disclosing any information provided by the City for any other purpose. The Contractor shall be legally held responsible for safeguarding this information and liable for any damages caused by the disclosure or use of the information. 9. SITE VISITS: The City and/or their representatives will have the right to visit and inspect the bidders facility any reasonable time prior to award and/or to conduct unannounced visits during the performance of the service. 10. PROBLEM AND ERROR RESOLUTION: The Contractor shall: 10.1 Notify the City of business changes that may affect the performance of contract. 10.2 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. 10.3 Reimburse the City by credit invoice for the number of incorrect mailings that used the City's master supply. 10.4 Reimburse the City by credit invoice for the number of pieces mailed incorrectly. 11. REPORTS: The Contractor shall provide to the City weekly statements or reports to include the following and any other pertinent information needed by the City : 11.1 Accurate documentation and reporting of the postal rates used for billing. 11.2 Itemized summary of bills and notices mailed weekly. PART III DELIVERY,ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery of goods and service shall be completed within the number of days 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: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock,TX78664-5299 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 Contractor 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 Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or Page 10 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 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. The is a bona fide dispute between the Contractor 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: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied 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 seg. PART IV OPTIONS Options must be identified on the IFB to be required. 1. OPTION NO. 1: Additional color printed on water bills. The City will provide information in Quark or Adobe Acrobat formats or as camera-ready artwork. 2. OPTION NO. 2: Additional print runs on back of billing statement(one color). The City will provide information in Quark or Adobe Acrobat formats or as camera-ready artwork. 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 Quark or Adobe Acrobat formats or as camera-ready artwork. 4. OPTION NO.4: Printing only(overrun)-one color, one-sided print on standard 8-1/2"X 11"bond. The City will provide information in Quark or Adobe Acrobat 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 Quark or Adobe Acrobat formats or as camera-ready artwork. 6. OPTION NO. 6: Printing only(overrun) —Offset, two-sided, one color print on standard 8-1/2"X 11"24-pound bond. The City will provide information in Quark or Adobe Acrobat 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 Quark or Adobe Acrobat formats or as camera-ready artwork. 8. OPTION NO. 8: Printing only(overrun)—Offset, two-sided, two color PMS on standard 8-1/2"X 11"24-pound bond. The City will provide information in Quark or Adobe Acrobat 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 Quark or Adobe Acrobat formats or as camera-ready artwork. 10. OPTION NO. 10: Printing only(overrun)—Offset, two-sided, four color CMYK on standard 8-1/2" X 11"24-pound bond. The City will provide information in Quark or Adobe Acrobat formats or as camera-ready artwork. Page 11 of 12 SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 11. OPTION NO. 11: Colored bond, 20-pound, 8-12"X 11"for printing inserts. 12. OPTION NO. 12: City provided inserts to be inserted with the billing statement. This information if provided shall be inserted and mailed with regular billing statements. 13. OPTION NO. 13: 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 12 of 12 SPBMIGATION NO. 04-'915-SS Utility Billing Department ATTAGM W A-BILLING FORM ''ROUND ROCK,TEXAS 221 East Main Street PURPOSE.PASSION.PROSPERITY. Round Rock, Texas 78664 ACCOUNT DATEAMOUNTDUE TOTALAMOUNTDUE AFTER DUE DATE IF PAID BY DUE DATE chi i Detach this portion and return with your payment in the envelope provided.Please do not fold or attach this stub to the payment check. SERVICE ADDRESS ACCOUNT • •� C 11 GALLONS ID FROM • OF DAYS UNITS PREVIOUSPRESENT CONSUMPTION Lobby Hours - Friendly Rock-Voluntary Contribution to the Utility Assistance 9 A.M. -5 P.M. Monday-Friday Program.M you would like to help with this program,please Drive Through 8 A.M. -6 P.M. contact our office. '`ROUND ROCK,TEXA$ 512-218-5460 PURPOSE.PASSION.PROSPERITY. ATTACHMENT B - VARIABLE INFORMATION SPECIFICATIO? NP . "04-915-58 Joe Smith 123 E. Main 1725901 31324046 9/25/98 10/24/98 29 24 323 347 24 Water $ 14.67 Current Bill Date 11/5/98 Sewer 12.00 Last payment was received on Garbage 9.70 10/23/98 in the amount of $42.75 Recycle Fee 0.30 To avoid late charge of $3.75 Sales Tax 0.83 Please pay by the due date 11/24/98 Current Bill 37,50 Past Due Amount TOTAL DUE $37.50 THANK YOU FOR PAYING ON TIMEI WE APPRECIATE YOUR PROMPTNESS 11/25/98 1725901 11/24/98 $41.25 $37.50 Joe Smith 123 E. Main Round Rock, TX 78664 ACCOUNT . . DAT • AMOUNT IF AID BY DUE DATE CUT-OFF ' -- C r Detach this alm portion and rewitli your r payment in the envelope provided.please NOTICE do not fold or attach this stab to the payment check. ATTACHMENT C Mail to: DELINQUENT NOTICES City of Round Rock 221 East Main Street SPECIFICATION NO 04-915-58 Round Rock,Texas 78664 ' PROUND ROCK,TEXAS 512-218-5460 RPOSE.PASSIOK PROSPE M NAME SERVICE ADDRE�S ACCOUNTNUMBER • •• AMOUNTIDUE 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. EI servicio de agua sera desconectado si la cantidad mostrada no es pagada antes,o en la fecha de vencimiento. La falta de pago puede someter su cuenta a una comisidn por operacion. No se enviara ningun aviso adicional. Si no esta de acuerdo con la cantidad vencida, flame a la oficina de cobros antes de la fecha indicada en este aviso. City of Round Rock Utility Billing 221 E. Main Street Lobby Hours ROUND ROCK,TEXAS Round Rock,TX 78664-5299 9 A.M. -5 P.M.Monday-Friday PURPOSE.PASSION.PROSPERITIC 512-218-5460 Drive Through 8 A.M.-6 P.M. ATTACHMENT D VARIABLE INFORMATION FOR DELINQUENT N O D(I C E S SPECIFICATION NO. 04-915-58 Joe Smith 123 E. Main 1725901 11125/98 $37.50 1725901 •; $37.50 Joe Smith 123 E. Main Round Rock,TX 78664 cn . wo az 0 az wwo � H H z H zW 400 W 0 in z V H I x z 44 U H H � avON H H W I Ey -< a. � -4 :E� vl 0 Pneaorbed First Chas Mail US Postage ROUND ROCK,TEXAS PAID City of Round Rock PURPOSE PASMOK PROSPEM UUMly BiNft DepwW" 221 East Main Street Round Rods,Texas 78664 RETURN SERVICE REQUESTED. WATER BILL ENCLOSED wo az 0 az w w o 9 H FZH z 00 W U Ln X - H I xz44 � U a H r+ PLACE STAMP HERE CITY OF ROUND ROCK UTILITY DEPARTMENT 221 E MAIN ST ROUND ROCK TX 78664-5299 EXHIBIT "C" SPECIFICATION NO. 04-915-58 REVISED: JUNE 2004 CONTINGENCY PLAN Bidders shall provide detailed contingency plans to include the following information at a minimum to ensure mailing schedules are maintained: 1. Customer service 2. Maintaining mailing schedules 3. Equipment Failure ^ 4. Postage fund shortage at the Post Office ,` L ,4 5. Staff shortage 6. Training and development for new staff members 7. Printing error resolutions a. Prior to mailing b. After mailing 8. Mailing error resolutions a. After mailing 9. Reimbursement policy due to error: a. Materials b. Postage Page lof 1 CONTINGENCY PLAN Customer Service Business Ink, Company places a high value on quality and effective customer service. We have adopted a work practice of being a partner with our customers, and not just another vendor. In fact, our company's tagline is: "Partnerships for Integrated Solutions". If awarded the contract, we will provide contact information for reaching the Business Ink customer service representative assigned to the account. Alternate customer service contact information will be provided and reachable during normal business hours in the event the primary representative cannot be reached. Business Ink works closely with its customers to develop custom inventory and workflow reports to keep our customers fully informed of work in progress, inventory, and data regarding completed projects. In many cases our customers have opted for online reporting—enabling them to view reports at the earliest possible time. Maintaining Mailing Schedules Business Ink Company understands the importance of completing mailing requirements and dropping at the USPS on the designated date. If awarded the contract, we will plan our workflow in light of the designated dates provided by the Round Rock Water Billing Office. The four established mailing dates will allow us to schedule the resources needed for printing and mailing, including: data management personnel; printing personnel and equipment; and mailing personnel and equipment. The established schedule will allow us to implement a pull schedule—where the project will be pulled from one department to another; as opposed to a push schedule—where a project must be pushed from one department to the next. In other words, our departments will work as a team. Each department will know the beginning and ending dates regarding the workflow prior to and subsequent to their own department. If awarded the contract, we will consider the Round Rock Water Billing to be a priority, and we will not allow other projects to interfere with, or cause delays of the scheduled mailings. We manage similar ongoing projects, and have an excellent history of delivering mailings on time to the USPS. Equipment Failure Business Ink has redundant capabilities for all printing and mailing equipment. Should one piece of equipment become inoperable, other machines can be used to complete the job. For example, we have five high-speed laser printers; five letter insert machines; and three company vehicles to deliver mail to the USPS. All of Business Ink's mailing equipment is serviced regularly by an Austin-based mail systems servicing company, which specializes in the service and repair of mailing equipment, and has provided a written agreement to respond and be available 24/7. This vendor has typically responded to our calls for service within 30 minutes. Our laser printing equipment is also regularly serviced by an Austin-based company specializing in the servicing of these machines. This company typically responds to calls for service within 2 hours. Postage Fund Shortage at the Post Office Business Ink currently maintains postal fund accounts for several of its customers. We have applied the same elements we use for inventory control of customer-owned materials to maintaining this function to significantly reduce the possibility of funds not being available at the time of a mailing. Additionally, we telephone the post office on the scheduled day of a mailing to ensure that adequate postal funds in the customer's account are available for that day's mailing. In the unusual event of insufficient funds in the customer's postal account, we will fund the customer's postal account, then bill the customer for reimbursement. This is a service we extend to customers who have ongoing mailing projects. These procedures work to ensure that mailings are not late due to insufficient postal account funds. If awarded the contract, we will: continuously monitor the funds in the postal account; establish usage trends; establish the minimum time required for check requests from the City in order to maintain adequate account funding; notify the City of the need for postal account funding; and temporarily fund the account in the event that funding is insufficient for a mailing. Additionally, if it is agreeable, we will post a secure report (accessible by password) on our website that will reflect up-to-date postage usage and funding amount. We feel that it is in our best interest, as well as that of our customers to effectively manage postal account funding. Staff Shortage We place a high emphasis on having adequate backup for all production positions at our company. We regularly rotate employees in the various production positions in order to effectively cross-train our employees. We have approximately 30 employees, and many of these employees are capable of effectively working in several production positions. We have adequate backup personnel for the following positions: database management; high-speed, variable data laser printing; folding, inserting, sorting, and delivering mail to the USPS. Due to our number of employees, our policy for cross-training employees, and the size of the project, we do not foresee any problems regarding staff shortage. Training and Development of New Staff Members As previously mentioned, we routinely cross-train our employees to work in other positions within the company, should the need arise. We typically hire employees who have previous experience in the area for which they're being hired. Our policy and procedure in this area will work to ensure uninterrupted service. Printing Error Resolutions Prior to Mailing Our quality control procedures significantly reduce the likelihood of printing errors. We utilize a Bill of Materials (BOM) system, that completely defines the job being performed. The BOM requires checks-and-balances to ensure that more than one person performs accuracy and quality checks prior to mailing. In addition, we utilize two processes that allows us to identify potential errors. In the unlikely event that a printing error occurs and is discovered prior to mailing, Business Ink will reprint the incorrect piece(s) at the soonest possible time in order to meet the mailing deadline, or as soon as possible thereafter. Business Ink is willing to work overtime in order to correct a printing error. If the error is the fault of Business Ink, we will reprint the incorrect pieces at no charge to the City. If the error is not Business Ink's fault, we will bill for the cost of reprinting. After Mailing In the unlikely event that a printing error occurs and is discovered after mailing, Business Ink will reprint the incorrect piece(s) at the soonest possible time. Business Ink is willing to work overtime in order to correct a printing error. If the error is the fault of Business Ink, we will reprint the incorrect pieces at no charge to the City. If the error is not Business Ink's fault, we will bill for the cost of reprinting. Mailing Error Resolutions In the unlikely event that a mailing error occurs, Business Ink will reprint and mail the incorrect piece(s) at the soonest possible time. Business Ink is willing to work overtime in order to correct a mailing error. If the error is the fault of Business Ink, we will mail the incorrect pieces at no charge to the City. If the error is not Business Ink's fault, we will bill for the mailing cost of. Reimbursement Policy Due to Error Materials Business Ink assumes full responsibility for customer-owned materials that it stores, handles, and processes. In the unlikely event that materials are destroyed, become unusable, or otherwise unaccounted for while under our control, Business Ink will pay for the replacement of those materials. An exception to this policy is the normal amount of"spoilage" that occurs during the production process. The spoilage amount is generally 1% or less. Postage In the unlikely event that Business Ink has mailed in error, we will pay the postage costs, if the error is our fault. If the error is the fault of the City, Business Ink will not be responsible for the postage costs due to the error. Disaster Recovery and Security We consider the ability to carry on our customers' business in the event of unforeseen events to be an integral part of Quality Management. To help protect our customers' interests, Business Ink, Co. has implemented steps for a Contingency Plan. Business Ink, Co. maintains redundant working files; dual-site customer finished-goods inventory and some raw materials inventory; and maintains sufficient relationships with outside vendors to be able to outsource work in the event of a disaster or business interruption. Briefly, the disaster recovery operational plan follows this outline: 1. Determine nature and initial extent of loss (data, physical inventory, production capacity, property, casualty); 2. Notify insurers with preliminary details as appropriate to nature of disaster; 3. Download files from previous day's DAT backup at remote NT server(this includes customer artwork files and all other working files, excluding Payroll, A/R, and A/P accounting data); 4. Notify ISP of interruption in service and reroute remotely-hosted web site to remote NT server; 5. Ascertain extent of inventory loss and use alternately-sited inventory to fill ongoing requirements; 6. Ascertain loss of in-house production capacity and move work to outside vendors if necessary; 7. Notify insurers of extent of loss and details thereof. Offsite backup Full backups of the server are made weekly, and incremental backups are made nightly. Weekly backup tapes are stored offsite. With the exception of application files, some accounting files, and personal files, no files are stored on local hard drives. Physical protection of property All finished materials in inventory are adequately insured and stored in multiple locations to insure that customers' business interests are protected and operations will remain unaffected in the event of any supply chain disruption. Business Ink occupies approximately 40,000 square feet of space in two buildings on I-35. The production and warehouse building on I-35 is fully climate controlled and protected from fire by a sprinkler system. Additionally, the building has a basement, which provides an extra margin of safety against total disaster. When required, customer inventory (envelopes, etc.) can be stored on both levels. Security Physical Security Business Ink's production and warehouse facility has no windows, four walk-through doors, and two overhead doors. Conventional locks and/or deadbolt locks are used on each door. Door locks are configured to allow emergency egress from the building as required by the Austin Fire Marshal. Business Ink's production and warehouse facility are protected from fire by an automatic fire sprinkler system that is electronically monitored according to government fire and safety codes. All doors are locked from the outside, or physically manned at all times. The main walkthrough door has a commercial-grade electonic combination lock, to which employees and authorized contract service personnel are issued individual codes to allow access during business hours. After business hours, a key and an alarm code are required to enter the building. Only those employees who have been determined to have a legitimate business need have been issued keys to the building. The door with the combination lock is locked with a deadbolt at the end of each business day, meaning that only employees who have been issued a key and an alarm code may enter the building after-hours. The production and warehouse building (Building 3) is protected from fire by a fire sprinkler system. The system has an alarm system that is monitored 24/7. Electronic Security The production and warehouse facility is equipped with an alarm system that is monitored 24/7 by an off-site monitoring service. Each door is monitored by the alarm system, and each entry area is protected by a motion detector as backup. Only those employees who have been determined to have a legitimate business need are issued an alarm code to arm and disarm the system. The issuance of individual codes to each authorized employee allows for complete after-hours ingress and egress audit capabilities. The system is armed at the end of each work day to protect the building from unauthorized access when unoccupied. Security Policies All visitors to Business Ink's production and warehouse facility (Building 3) must first register at the receptionist's desk at Building 2. All visitors must be escorted by a Business Ink employee. Visitors must be cleared by the owner, Operations Manager, or Security Manager. Visitors must wear a Visitor's identification badge and must be escorted at all times by an employee. Contractors must also register at Building 2 before entering Building 3. Contractors are clearly instructed as to the areas of the building where they are authorized to go. Contractors are issued a combination code that will only work during business hours. Contractor combinations are deleted when their work is completed. Proposed Performance Measurement/Monitoring Plan Business Ink, Company will use its current Quality Management System (QMS) to verify that contract requirements are met; internal processes are monitored and evaluated, and that mailhouse operations problems are identified and corrected in a timely manner. Business Ink, Company uses a "Corrective Action / Preventive Action" approach to Quality Assurance. Operating procedures exist to train and to be used as reference for production procedures. When a quality problem arises not only is the immediate problem resolved but the operating procedures are analyzed. Three possible courses of action can occur after analysis: revision of the current operating procedure; creation of a new operating procedure; or additional staff training. If it is determined that the operating procedure need to be revised, a new operating procedure needs to be created or simply retraining of the existing procedure will prevent the problem. Products received or produced by Business Ink Company are inventoried. All products are inspected, counted and labeled before being put into inventory. Cycle counting procedures and adherence to.operating procedures reduces the chance of lost or inaccurate inventory counts. For highly valuable inventory or negotiable documents, we have procedures for keeping the product locked up at all times. Private information under IBPAA is covered up when not being worked, locked up at night and shredded before deposition. All inventory is inspected at receipt. A "Warehouse Transfer Request" is created to move inventory out of inventory. "Engineering Change Orders" (ECN) are created to communicate to production and to the warehouse. Operating procedure calls for first articles on new jobs to be signed off by the Project Manager. In the case of daily production, the Bill-of-Materials is signed off by 2 members of the crew plus the lead operator. In addition to contents compared to part number of the master sample, product order and mailing parameters are checked. Items are weighed and compared to BOM (Bill of Materials) weight. The weight is a second level check that all content is are the same and gives a base-to-weight check throughout the production run. During inserting, products are inspected at Ist article and throughout the run. Any failure causes the operator to stop the machine and not only resolve the found problem but to inspect all items back to the last sample. Strict count controls are part of all our processes. The counts start with customer transmittals that state the data file counts per product.