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Home My Public Portal About211-2023 - Sanitation - Commercial Printing - Priniting Sewer Bills AGREEMENT THIS AGREEMENT made and entered into this 2.51*day of " , 2023, and referred to as Contract No. 211-2023 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 North Central Avenue, Connersville, IN 47331 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide on-call sewer billing printing for the Richmond Sanitary District. Requests for quotes dated October 31, 2023, have been made available for inspection by Contractor, are on file in the Office of the Department of Sanitation for the City of Richmond. The response of Contractor to said request for quotes is attached hereto as Exhibit A, which Exhibit is dated November 9, 2023, consists of one (1) page, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. 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 which are incidental to the proper completion of all work specified. 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 he deemed to he 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. 211-2023 Page 1 of() SECTION Ill. COMPENSATION City shall pay Contractor the quoted monthly rate t'or the nvzdk described un Exhibit /\, for the printing services as needed by the Dcpodrnco\ of Sanitation and for oornp|ctc and satisfactory performance of this Agreement. SECTION IV. TERM 0PAGREEMENT' This Agreement shall become effective when signed byall parties and shall continue in effect until December 3l, 20Z4vvirhou option tn renew for Z025 and 20Z6. 'Notwithstanding the tcmn of this Agreement, City may terminate this Agreement in vvhn|o or in part, ±hrcuune, ui any time hy giving ut |ouxt five (5) working days written notice specifying the cffeotivc date and the reasons for termination which shall include but not be limited to the f'ollowing: o. failure, for any reason of the Contractor to fulfill in u iirnu|y 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 incffcohvuor improper use offunds provided under this Agreement; d. uumpoouino ortcnninu1ion of the grant funding to the City under which this /\g7rcnncm{ is nnuoe; or c. unavailability of Sufficient funds to make payment on this Agreement. In the event o[sucb termination. the City nhu|| be required to rnukc payment for all work performed prior io the effective date by Contractor, but shall ho relieved o[any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement *fthe poniicnby setting fbdb the reasons for nnuh termination, the effective date, and in the coac of partial tcrnoioo1ion, the portion to be terminated. This Agreement may also bc terminated by the City ifufbrcc'no jcurccvcntoccuryandtbercxu|tsor aftereffects of said event causes the performance ofthis Agreement to become impossible or highly impracticable. Said cvco\ or rcyuho o, uUcrcOectx of said event would include events or effects which the parties to t[�is /\gceomoot cou|d not have anticipated or controlled. Emunnp|co of 6nrce- nn Jcure event, or its results, Would include, but Would not be |iroiicd to, cvcn(m such as an Act of God, an Act of Nature, an Act of Law, or an Boucrgoocy /\ci of [sccuhve Bn[bccrnncnl of the Federal government, the State oflndionu, or local government. Page Zo[6 SECTION Y, INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injurytupocnnnov property or any other claims v/bicb may ociuc from the Contractor's conduct ocperformance of this /\grtorncnt, either intentionally or negligently; provided, however, that nothing contained in this /\grccrnoot shall be construed as rendering the Conti-actor |iuh|c for ootn of the City, its oODocra, ogcoio, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter nnxiuiuio auoh insuruout as will protect it frorn the o|uicoy set forth below which may odoc out of or cconk from the Contractor's operations under this &g7ccrueut, ,/boihcr such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or hy anyone for whose acts the Contractor cnayhc held responsible. Coverage Limits A. Worker's Compensation & Statutory [)ixabi|ityKcquirrnucuta B. Employer's Liability $10O,0O0 C. Comprehensive General Liability Section I. Bodily Injury $l,00O,U00 each occurrence $2,000,000aggrcgute Section 2. Property Damage $|,0O0,000 each Occurrence D, Comprehensive Auto Liability Section i. Bodily Injury $\,0UO,000 each person $|,0U0,0U0 each occurrence Section 2. Pn`perk'L)onongu $l,00O,00U each occurrence E. Comprehensive i|rnhrci|oLiability $l,O00,O00each occunrnoc $2,000,U00 each aggregate 3ECTIONV|. COMPLIANCE WITH WORKER'S COMPENSA,riON LAW Contractor sho1| comp y with all provisions of"the Indiana YVockc,"s Compensation |uvv, and nbu||, before oocnoocuciog work uodor this /\g7ccnncnt, provide the City a oordficu<c of 'Insurance, or o certificate from the industrial board showing that the Contractor has complied with Indiana Code 5cchnno 22'3-2'5, 22-3'5'1 and 22'3'5'2. If Contractor is an nu1 of state employer and \hcrcthrn nob�jcci to uuo1bcc ytabc`s worker's compensation |uvv, Contractor may choose to comply with all provisions of its honve otutc`s worker's compensation |uvv and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. Page 3ofb SECTION YU. COMPLlANC£ VViTHlNUk\NA ['VFKlFY PROGRAM RB0O1KEM2NTS Pursuant to Indiana Code 2Z-5-|I CuoUoctoris required k, enroll in and verify the work eligibility status of all oovv|y hired cnnp|oyeno of the cnniooho, through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all ncvv|y hired employees of the contractor through the Indiana E-Verify program it'the Indiana ['VcriFv progronn no longer exists. Prior tothe performance o[this Agreement, Contractor shall provide to the City its signed Affidavit aDOominA that Contractor does not knowingly #nop|vy an unauthorized alien in accordance with 1C 22-5'1.7'11 (o) (2). |c the event Contxuctorviolates IC 22'5'1.7tbe Contractor shall bc required io remedy the violation oot later than thirty (30) days oUcr the City notifies the Contractor of the violation. If Contractor [ui|u to remedy the violation within the thirty (30} day period provided above, the City obo|| consider the Contractor to be in bn:ucb of this Agreement and this Agreement will be terminated. IF the City dctorrniuco that terminating this Agreement Would be dcbicnonkz| to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures o new contractor. If this /\gcccnoent is terminated under this section, {hnu pursuant to IC22'5'|.7'l3 (c) the Contractor will rcnnuio liable to the City for actual damages. SECTION \/l||. 1R&N INVESTMENT ACTIVITIES Pursuant to Indiana Code <lCl 5'22'16.5, Contractor ocriifica that Contractor ia not engaged in investment activities in Iran. In the event City dctennioca during the coomc of this Agreement that this certification is no longer valid, City yhuU notify Contractor in writing o[said determination and uhu|| give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails 10 demnstzoh: to the City that the Contractor has ceased investment activities in Iran vvhhio ninety (90) days nttcr the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to [C 5'22 |6.5. In the event the City determines during the course of this /\g,ecnmrui that this ocrtiOuuhoo is no longer valid and said determination is not refuted by Contractor in the manner set forth in |C 5'22'16.5. the City reserves the right to consider the Contractor to be in breach ofthis Agreement and terminate the agreement upon the expiration of the ninety (90) day period set fbrtbabove. SBC'|'|0N l}(. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to |ocianu Code 22'9-1'10, Contractor, any sub-contractor, or any person acting on behalf n[Contractor orany sub-contractor ohu|| not discriminate against any employee or applicant for ennp|oynncui to be employed in the pertbrn000cr of'this &grccrnenL with respect to hire, tenure, ieona, conditions or privileges of srnp|oynocnt or any matter directly or indirectly related to oonp|oycncnL hcrouac of race, religion, color-, sex, disability, national origin. or ancestry. B. Pursuant to lodiuoo Code 5-16'6'1, the Contractor agrees: i. 'That in the hiring of employees for the performance of work Under this Agreement of any Subcontract hereunder, Contractor, any suhcoutruotor, or any person acting on behalf of Contractor ormny xuh-000i,ucior, shall not discriminate by reason o[rauc, religion, color, xcs, no1ional origin or ancestry against any citizen of the State of Indiana who is qualified and ovui|ubic to perform the work to which the employment relates; Page 4*1'* 2. That Contractor, any sub-contractor, or any pet-son acting on heho|fof Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired fbr the perfhnouncc of' work uoder this Agreement on account of" race, religion, color, , x, national origin orunceutry; 3. That there may be deducted from the an'iOUnt payable to Contractor by the City under this Agreement, a penalty oFfive dollars (S5.00) for each person for each calendar day during which sucb person was discriminated against or intimidated in violation ufihe provisions o[ the /\g/eemoot;,and 4. That this Agreement may be canceled or terminated by the City and all nionles due or to beonrue due hereunder may be [u,t'eitrd, k`r u second or, any Subsequent violation *[the terms orcoudiilonuufthis section ofthcAgreement. C. Violation u[ the terms or conditions o[ this /\grccrnout relating to discrimination or intimidation xhoU he ccnuidorcdamaterial breach ofthis Agreement. SR."llON X. RELFASF, OF LIABILITY Cno1rocior hereby ugrc,,uhorelease and hold harmless the City and all oOicco, employees, nragents of the oumc from all liability fhr negligence which may arise in the cnuoe of (�mntnacio,"x pedFoomunccof its obligations Pursuant 10 this /\gcrcrounL St"CT|ON }(i MISCE[JANUOUS This /\groenocnk is personal to the parties hereto and neither party may xnaigu or delegate any of' its righ10 or obligations hereunder without the prior written consent of the other party. It oba|| be oon(no)|cd by Indiana Kovv and shall be binding upon the parties, their succcxuorm and uayigoo. It constitutes the entire Agreemcrit between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement written instrument setting Oorth auch changes signed hy both parties. This /\gTeonncnt may be oimu|\oncuux|y executed in several counterparts, each ofvvhich shall be an original and all ofwhichabu|| Constitute but one and the same ioskunoeni. The parties hereto oubvnii to jurisdiction of' the courtx o[ VVuync County, Indiana, and ouit arising uoder this Contract, if any, ruust be filed in said coudo. The parties specifically agree that no arbitration or mediation xbui| he required prior to the commencement of legal proceedings in soid 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. Page 5o[h In the cvooLo[uny hrcmcbo[ihix Agreement by Contractor, and in addition to any other dan/ygcs or remedies, Contractor ahuU be |iub|c for all costa incurred by (ity due in the enfbrconncu1 of this /\gcccnocnt, including but not limited to City`s rcuoouob|c uttorncy`s f�ecx, v/be(hur or not xuii is filed. /n the event that an ambiguity or question u[ intent or u need fbr interpretation of this Agreement arises, this Agreement shall be construed as if'drafted Jointly by the padiea, and nopreounophon or burden ot'proofshall wise favoring or disfavoring any party by Virtue of the aUthorship ofany ofthe provisions o[this AgrocnncnL IN VY]]NE3S WHEREOF, the parties have executed this Agreement uiRichmond, Indiana, as of the day and year first written above, although signatures may be affixcd on different dates. "CONTRACTOR" The City of Richmond, Todiuo4 by and Connocrcia\ Printing Secviccu d\n}Vgh its Board m[Sanitary 8l5 North Central Avenue C,orrimissA* nersC0oocrmvi11e, IN4733| BY: ~~�lu\1i||c,, Prcsidmit Dated:__ / ~� _ (prioted):'-SAm c" —] 5 llike:__ ____ /&ruuoBo"hr-V]ccPresident l)uicd: /- I)uicd� /I`� 4- 2- ------- ---- --1---- (}ruv Steins, Member L)o<cd: /\PyR(l\/lIl): Dated: Page 6nf6 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 coants for each month. Specifications for Statement Paper Neto . oo • 25,000—8 1/2 x 11 perforated paper with additional color and 2 sided I I 85 . 0 0 Specifications for Billing Envelope , • 25,000 -#10 white v'4ndow envelope with black ink with preprinted bulk mail permit information,cross seamed Specifications for Return Envelopes cicri. So • 25,000 - #9 white regular envelope with black ink Specifications for Non Permit Envelope $ I o • 7,000 -ill° white window envelope with black ink and cross seamed Total Cost Quoted 4'0/1 . / 0 (total cost to include delivery) This quote/pricing is to be Valid for the time period from when awarded to December 31,2024, A Certificate of Insurance'must be included, along with a completed E-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. jEXHIBIT PAGE C OF