HomeMy Public PortalAbout097-2015 - Sanitary - Commercial Printing Services - Billing SuppliesPURCHASE AGREEMENT
THIS AGREEMENT made and entered into this aS'� day of US� 2015 and
referred to as Contract No. 97-2015 by and between the City of Ri hmond, Indiana, a
municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter
referred to as the "City") and Commercial Printing Services, 815 N. Central Avenue,
Connersville, Indiana 47331 (hereinafter referred to as the "Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide and deliver Billing Statement supplies (statement paper
and envelopes) for the Richmond Sanitary District as specified and requested.
A Request for Quotes dated June 12, 2015 has been made available for inspection by Contractor,
is on file in the office of the Department of Sanitation, and is hereby incorporated by reference
and made a part of this Agreement. Contractor agrees to abide by the same.
The response of Contractor to said Request for Quotes, dated July 13, 2015, is attached as Exhibit
"A," consisting of three (3) pages, which are hereby incorporated by reference and made a part of
this Agreement. Contractor shall provide all items listed on Exhibit "A" in a timely manner.
Delivery of statement paper under this Agreement shall be of 70# White Text Weight Paper, with
Long Grain, unless the City opts for a lesser weight or different grain paper due to operational
concerns, with corresponding price adjustment.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for or
incidental to the proper completion of all work specified, in a timely manner.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
Contract No. 97-2015
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor, at a rate established in Exhibit "A" (except as to the substitution of
lesser -grade statement paper) a total sum not to exceed Three Thousand Ten Dollars and Zero
Cents ($3,010.00) per monthly supply for complete and satisfactory performance of the work
required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until December 31, 2016.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Page 2 of 6
Coveraee
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
Page 3 of 6
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged
in investment activities in Iran. In the event City determines during the course of this
Agreement that this certification is no longer valid, City shall notify Contractor in writing of
said determination and shall give contractor ninety (90) days within which to respond to the
written notice. In the event Contractor fails to demonstrate to the City that the Contractor has
ceased investment activities in Iran within ninety (90) days after the written notice is given to
the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-
16.5. In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor in the
manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be
in breach of this Agreement and terminate the agreement upon the expiration of the ninety
(90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person
acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of the
provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
Page 4 of 6
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is
filed.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
n _
By:
ue Miller, President
Date:—
APPROVED -
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
COMMERCIAL PRINTING SERVICES
Date: &�- d� a"V
1
Page 6 of 6
PRICE REQUEST
A{
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CITY OF MCHMOND
MLIMW rrOFsaICHMO , THIS IS NOT AN ORDER
2380 t.tt3L'RTYAvt9VC�+R1Ctt+ySOND, INQIANA4737-0
PI IONE (765) 983-74WAX (765) 962-2669
VENDOR
INSTRUCTIONS
This is a request for a price for the services of materials
Commercial Printing
described below. Any additional specifications may be
attached hereto: This is NOT an order and the City reserves
8 15 N. Central Avenue
the right to accept as or part, or decline the entire proposal.
Please complete your full name .and phone number bellow
Connersville, IN 47331
with s%nature; itemie all prides and Charges where
requested; and,attach any explanation for any substitution to
specifications alered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified date and tine to be considered.
PAYMENT TERMS:
DELIVERY REQUIRED:
DATE;
June 12,; 2015 �10" on July �14,201'5�
UPON RECEIPT OF INVOICE'
DELIVERED
DESCRIPTION
This is a request for quotes for printing for Richmond Sanitary District. Please see attached specifications.
tTorhe company that is awarded the quote will need to have items printed and stored at their facility to be ready on hand
monthly deliveries.
Quantities quoted are monthly estimates, RSD will order a week ahead of time with specific counts for each month.
Richmond Sanitary District
Denise Johnson
2380 Liberty Avenue ``I
STATE TAX EXEMPTION 0
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,nitary District
NAME OF FIRM QUOTING:
Bv.
'NORrZfrl a SNiNgTURe
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DATE PHONENUMBER
EXHIBIT PAGE 1 OFF
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Commercia?
ii ■ •
Services
July 13, 2015
City of Richmond
Richmond Sanitary District
Attn: Denise Johnson
2380 Liberty Avenue
Richmond, IN 47374
Dear Denise,
Thank you for the opportunity to quote on your Billing Statement; supply needs.
Toll Free: 800-888-2164
765-826-2164
Fax:765-825-4229
815 N. Central Ave.
P.O. Box 719
Connersville, IN 47331
www.cpsprints.com
We took much consideration on the Statement Paper, not knowing exactly what type of printer this
stock would be printed through. With the large number of statements you are printing we have quoted
On a higher quality stock to provide efficiency's while printing.
I have attached detailed information on how the "grain of the paper" can affect sheets running through
laser printers. To eliminate the potential of having tears in the stock, especially at a perforation,
eliminate feeding and curling problems from the heat of a printer, and provide a smoother folding
process, Commercial Printing has quoted on a 70# White Text Weight Paper, with LONG GRAIN. This will
ensure that your staff is kept running at full capacity, eliminating potential problems at the printer,
l wanted to ensure that I clarified this decision as other printers may have chosen to use the least
expensive option, the SHORT GRAIN, in the quotes which they are providing.
Please feet free to contact me with any questions you may have.
Again, thanks Denise. We are anxious to hear your decision,.
Sincerely
Kay�r
Sales Consultant
EXHIBIT -A- PAGE y /I OFF
SPECIFICATIONS FOR BILLING SUPPLIES
The company that is awarded the quote will need to have items printed and stored at their
facility to be ready on hand for monthly deliveries.
Quantities quoted below are monthly estimates, RSD will order,a week ahead of time
with specific counts for each month. First delivery will be around October 2015.
tits
Specifications for Statement Pager $
• 25,000 -- 8 % x 11 perforated paper with addittional4elor-and 2 aided -1
Specifications for Billing Envelope S t
16CO
25,000 410 white window envelope with black ink with preprinted bulk mail.
permit information
Specifications for Return Envelopes $ Is I b�
• 25,000 - #9 white regular envelope with black ink
Specifications for Delinquent Envelope
7,000 - #10 white window envelope with black ink
Total Cost Quoted $ 0 to
(total cost to include delivery)
This quote/pricing is to be valid for the time period from when awarded through
December 31, 2016.
A Certificate of Insurance must be included, along with <a completed F Verify form.
Please return this sheet by the above due date, in a sealed envelope to:
Richmond Sanitary District
Denise Johnson
2380 Liberty Avenue
Richmond, IN 47374.
EXHIBIT PAGE 3_OF�