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HomeMy Public PortalAbout135-2016 - Sanitation - Commercial Printing - Printing Service.GIU=MEN, ORIGINAL THIS AGREEMENT made and entered into this'_' day of 2016, and referred to as Contract No. 135-2016 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (referred to as the "City"), and Commercial Printing Services, 815 N. Central Avenue, Connersville, IN 47331 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for supplying and delivery of statement paper, billing envelopes, return envelopes, and non -permit envelopes for use by the Sanitary District for a period beginning January 1, 2017 and ending December 31, 2018. A Request for Quotes has been made available for inspection by Contractor, is on file in the office of the Department of Sanitation for the City of Richmond, consisting of two (2) typewritten pages, which is attached hereto and incorporated by reference herein as Exhibit "A". The response of Contractor to said Request for Quotes is attached hereto and incorporated by reference herein as Exhibit `B", consisting of two (2) typewritten pages. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, 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 the proper completion of all work specified. Contractor shall submit statements or bills monthly. 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(s) signed by Contractor in accordance with I.C. § 22-5-1.7-1l(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION 11. 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. SECTION III. COMPENSATION City shall pay Contractor at the rates indicated in Exhibit `B". Specifically, the compensation for the products and services described herein shall be as follows: 25,000 #10 8'/2 x 11 perforated statement paper : $1,356.00 25,000 #10 white billing envelopes with black ink with preprinted bulk mail permit information, cross seamed: $832.00 25,000 #9 white regular return envelopes with black ink: $709.00 1 1 Page JAW48MOndowtion-permit envelopes with black ink: $370 Total Cost for above -listed items: $3,267.00 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective on January 1, 2017 and when signed by all of the parties hereto and shall continue in effect until in effect to an including December 31, 2018 unless the parties extend this Agreement by a written and signed Addendum. 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 thirty (30) days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: XI. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards 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. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. 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. 2 1 Page A. 14 L E. Coveraee Limits Worker's Compensation & Statutory Disability Requirements Employer's Liability $100,000 Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 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 3 1 Page 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 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 Board determines during the course of this Agreement that this certification is no longer valid, Board 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 Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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 XI. 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: XI. 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; 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; Xl. 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 XI. That this Agreement may be canceled or terminated by the City and all money 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. 4 1 Page C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. 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 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. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. 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 any suit arising out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she 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 in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, 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. [Signatures to Follow on Page 6] 5 1 Page 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 S it Commissioners Dated: j / — 0? 7 //-Q APPROVED: e now, Dated: i 1 - 29 -1 C "CONTRACTOR" Commercial Printing Services LI-A (Prii Title: Dated: e- 6 1 Page CONTRACT REQUEST FORM 1. Date contract needed (Clerk or agenda deadline): 11/04/2016 Date Submitted to Law*:11/01/2016_ 2. Board/Commission that will approve contract Board of Sanitary Commissioners 3. Has bid been awarded? Yes Date awarded or expected: 10/25/2016 4. Is this a Common Construction Wage Project? NIA 5. Brief description of work to be performed or supplies to be furnished: Supplying Billing4paper to Richmond Sanitary District 6. Name and address of Contractor to be retained: Commercial Printing Services 815 N. Central Avenue Connersville, IN 47331 7. What method was used to request bids? (check one) Request for Proposals (RFP) X Request for Quotes (RFQ) Bid Specifications State Quantity Purchase Agr. Bid (QPA) 8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? September 16.2016 9. Date of Contractor's Response/Proposal/Bid. _October 11, 2016 10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes - 11. In what office are the Bid Specifications/RFP/Bid lists on file with the City? Sanitary District 12. Attach Contractor's response unless longer than ten (10) pages. If longer than ten (10) pages, in what office is Contractor's response filed? 13. Amount to be paid to Contractor A monthly chafe of $3 550 per specifications. Quote attached Term of Contract: _ Starts January 1 2017 ends December 31, 2018 14. Any other relevant information: 15. Submitted By: %, ZoAmoe n Department: Sanitation *Please complete and return, along with all attachments or exhibits, at least one (1) week before the contract is needed for its Agenda deadline. Exhibit A March 2009 Toll Free: 800-888-2164 Commercial 765-825-2164 f' ' I Printing Fax: 765-825-4229 815 N. Central Ave. Services P.O. Box 719 Connersville, IN 47331 - - www.cpsprints.com October 11, 2016 Richmond Sanitary District Denise Johnson 2380 Liberty Pike Richmond, IN 47374 Dear Denise, Thank you for the opportunity to quote again on the billing supplies needed for the Sanitation Department. As our products have been delivered for the past year, we are quoting using the long grain paper stock for the Statement Paper, to ensure there are no paper jams/curling while running these through your printer and also using the diagonal envelopes to ensure the same. Please let us know if you have questions or need additional information. Thanks A ain, CUV 1 Kayarer Sales onsultant Exhibit B A J0� 7L1lUPi 0 PRICE REQUEST u o CITY OF RICHMOND DEPARTMENT NU SANITATION THIS IS NOT AN ORDER 2380 LIBERTY AVEN[IE,RICI-IMOND, INDIANA 47374 PHONE (765) 983-7450.FAX (765) 962 2669 I VENDOR I INSTRUCTIONS This is a request for a price for the services of materials described below. Any additional specifications may be Services attached hereto. This is NOT an order and the City reserves Commercial Printing the right to accept all or part, or decline the entire proposal. 815 N. Central Avenue Please complete your full name and phone number below with signature; itemize all prices and charges where Connersville, IN 47331 requested; and attach any explanation for any substitution to specifications altered. 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 time to be considered. DATE: I REPLY MUST BE IN BY: I PAYMENT TERMS: DELIVERY REQUIRED: September 16, 2016 1 10:OOAM on October 11, 2016 1 UPON RECEIPT OF INVOICE I DELIVERED DESCRIPTION This is a request for quotes for printing for Richmond Sanitary District. Please see attached specifications. 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 are monthly estimates, RSD will order a week ahead of time with specific counts for each month. Please return this sheet by the above due date, Ina sealed envelope to : Richmond Sanitary District Denise Johnson 2380 Liberty Avenue Richmond, IN 47374. A Certificate of Insurance must be included, along with a completed E Verify form: Prices Quoted must be honored from January 1, 2017 through December 31, 2018. STATE TAX EXEMPTION # 003121909-001 Richmond SanUry District NAME OF FIRM QUOTING: .: 100111 DATE PHONE Exhibit A 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. Specifications for Statement Paper $ I a S% • 25,000 — 8 V2 x 11 perforated paper with additional color and 2 sided QG Specifications for Billing Envelope $ • 25,000 410 white window envelope with black ink with preprinted bulk mail permit information, cross seamed d1 Specifications for Return Envelopes $ loq • 25,000 - #9 white regular envelope with black ink Specifications for Non Permit Envelope $ b�7 I (J • 7,000 - #10 white window envelope with black ink and cross seamed 00 Total Cost Quoted $ ✓.� (total cost to include delivery) This quote/pricing is to be valid for the time period from when awarded through December 31, 2018 Two year contract, beginning January 1, 2017. '/ A Certificate of Insurance must be included, along with a completed E-Verify form. Dle..6o rnf,tis•., +16;L el,ant by t16A ahnvP. dini- ante- in Sealed envelope to: Richmond Sanitary District Denise Johnson 2380 Liberty Avenue Richmond, IN 47374. Exhibit B Affidavit of Employment Eligibility Verification The Contractor, Mi Saifirms under the penalties of perjury that Contractor does not knowingly ern oy ph unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Vm* program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this I I��' day of OttO , 20_4. 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 detenn nation 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.