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HomeMy WebLinkAbout09-02-2014 C11 Utility Bill Printing and Mailing RFPCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Wayne Padilla, Finance Director SUBJECT: APPROVE RELEASE OF REQUEST FOR PROPOSAL DOCUMENT FOR UTILITY BILL AND BUSINESS LICENSE CORRESPONDENCE MAILING SERVICES RECOMMENDATION Authorize the release of the RFP for utility bill and business license correspondence mailing services. DISCUSSION Background The city maintains a utility billing process that generates over 14,000 bills each month. The community’s utility accounts are broken down into 4 cycles so that one cycle is billed each week. An internal review shows that staff spends 3 hours per week printing these bills and preparing them to be shipped to a local vendor who prepares them for mailing by folding the statements and placing them in an envelope for mailing. A recent review of bills received for the mailing service alone showed a cost of almost $.20 per statement. The city also mails a large amount of correspondence as part of the business license renewal process. From the start of the business license billing process to its completion, nearly 23,000 pieces of mail are sent out to the business community by city staff. To ensure that the City is operating efficiently, staff has looked into outsource these tasks to firms that are able to accomplish the work more effectively and at a lower cost. A brief survey showed that the average cost of preparing a utility bill for mailing could be reduced to $.10 which is a 50% reduction in cost. In keeping with the city’s budget policy regarding contracting for services, staff has determined that an evaluation of proposals from firms capable of handling these mailing tasks is warranted. There appears to be an opportunity to obtain substantial savings along with an increase in staff effectiveness. The 3 hours per week spent printing utility bills can be replaced by the push of a button needed to send an electronic file to a mailing house that will print and prepare the bill for mailing. The time currently spent printing and preparing the business license correspondence can likely also be reduced and costs lowered through the use of an outside vendor. FISCAL IMPACT If approved, the release of the RFP has no fiscal impact. Staff anticipates that the actual costs for these services will fall within the available appropriations that exist within the Finance Department budget. 9/2/14 C11 C11 - 1 Utility Billing and Business License RFP Page 2 ALTERNATIVE Do not approve the release of the RFP. This option is not recommended because the city does not possess the appropriate cost allocation template to perform these calculations. Creating such a template would require several weeks of dedicated staff time which is not available due to other workload issues. ATTACHMENTS 1. RFP for Utility Bill and Business License Correspondence Mailing Services t:\council agenda reports\2014\2014-09-02\Utility Bill and Business License Correspondence Mailing Services.docx C11 - 2 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for UTILITY BILL AND BUSINESS LICENSE CORRESPONDENCE PRINTING AND MAILING SERVICES Specification No. 91339 The City of San Luis Obispo is requesting proposals from qualified independent contractors for the printing and mailing of utility bills and business license correspondence pursuant to Specification No. 91339. All proposals must be received by the City Clerk by 3:00 pm on Friday, October 3, 2014 when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the City Clerk in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. An optional pre-proposal teleconference is tentatively scheduled for 10:00 am on Monday, September 15, 2015 to answer any questions that the prospective bidders may have regarding the City's request for proposals. Proposers interested in participating in the pre-proposal teleconference should contact Wayne Padilla, Director of Finance and Information Technology at wpadilla@slocity.org or (805) 781-7125 to receive a conference line phone number and password and to confirm the date and time. Finalist interviews have been tentatively scheduled for Friday, October 31, 2014. Specification packages and additional information may be obtained on the City of San Luis Obispo’s website http://www.slocity.org/finance/bids.aspasp or by contacting Wayne Padilla, Director of Finance & Information Technology at wpadilla@slocity.org or (805) 781-7125 Attachment 1 C11 - 3 Specification No. 91339 TABLE OF CONTENTS A. Description of Work 1 Overview About the City Specific Scope of Work B. General Terms and Conditions 4 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 8 References Proposal Content Proposal Length and Copies Proposal Evaluation and Selection Proposal Review and Award Schedule Pre-proposal Conference Release of Reports and Information Copies of Reports and Information Non-Exclusive Contract D. Sample Form of Agreement 11 E. Insurance Requirements 13 F. Proposal Submittal Forms 15 Proposal Submittal Summary References Attachment 1 C11 - 4 Section A DESCRIPTION OF WORK Overview The City is requesting proposals from qualified firms to fulfill the scope of work specified in this document for a 5-year term. It is the City’s policy to establish a long-term, ongoing relationship with our consultant, under which advice is available at all times as needed. At the end of a contract’s term, it is the city’s policy to seek formal proposals to ensure that it continues to receive quality professional services at the best competitive price. The primary purpose of this request is to establish a relationship with a mailing center to streamline the process for, and lower the cost of, assembling and mailing utility bills along with business license statements, bills and certificates. a. Minimum number of enclosures to be placed in an envelope is one. b. Maximum number of enclosures to be placed in an envelope is estimate to be four. c. Maximum time for mail to be processed and delivered to the post office, once received by contractor, is two working days. d. Delivery of all mail directly to the post office is the responsibility of the contractor. e. If the contractor intends to provide pick-up service at City facilities, the cost should be highlighted separately. f. Prices in the submittal form should be exclusive of postage costs, which will be passed directly to the City without any “mark-up” based on current postal rates. (Note that contractor is expected to provide the lowest available postage rate for each type of mailing issued by the city) g. The contractor must have the ability to invoice the city on a regular basis and to provide a billing statement that allows all charges to be broken out by city department should more than one provide material to be mailed in a given month. (City will provide information at the time that material is delivered for mailing regarding the department to be charged). Upon contract award, the Contractor and City will discuss billing procedures and agree upon the best, most cost effective method of paying invoices. About the City Detailed information about the City and its organization is available on our web site at www.slocity.org. Specific Scope of Work The city currently provides water and sewer utility billing on a weekly basis. It is possible that the frequency of the billing may change from weekly to monthly starting as early as April 2015. In addition, the city oversees the business license billing system which generates renewal notices, delinquent notices and ultimately the business license certificates during the times and in the - 1 - Attachment 1 C11 - 5 Section A DESCRIPTION OF WORK quantities identified below. Scope of Work Provide laser printing in the formats and frequencies described below. Provide statement folding, insertion and mailing services including the application of the required postage. Provide all required paper goods, including forms and envelopes for the mailings described below. Obtain and then warehouse all paper goods required for these mailings in volumes sufficient to provide an economic benefit based on the volumes acquired. Utility Billing Statements and Billing Inserts Utility bill statements are mailed weekly; the approximate count is 3,500 statements per week. A billing statement sample is provided as an attachment (note printing is 2-sided on 8 ½ by 11 paper). Printing will be in gray scale using city approved fonts shown in a separate section. Delivery of the utility bill statements to the vendor will occur via transmission of an electronic file containing PDF versions of the forms to ensure the integrity of the meter consumption graphics for each statement. Proposers can suggest other forms of transmission that can be investigated if they provide greater economy and security in the transmission process. Statements include a perforation for a remittance stub at the lower portion of the form which is bar coded for use by automated payment processing equipment. The bar code must be readable by the city’s existing computer equipment with content identical to that contained in the existing bar code. Utility bills are mailed inside a number 10 window envelope and a number 9 return envelope is provided. Grayscale printing will be used in the formats provided in this RFP. Inserts are frequently provided in the same envelope as the utility bill statements. These are typically printed in pastel shades, double-sided and 1/3 sheet in size. A sample is provided. Business License Renewal Notifications, Certificates and Notices Annually, the city issues business license renewal notification forms. Approximately 8,800 forms are sent in June each year. Approximately 4,000 second notices are sent in August, and then an additional 2,000 final notices are sent in September. Copies of the business license renewal notification forms are provided. Annually the city issues business license certificates starting in June and through the month of September. Average volumes for each group of certificates that are printed and mailed varies depending upon the response to the reminder notices described above. An approximate count would be approximately 2,800 mailed in July; 4,000 sent in August; 2,000 sent in September. A copy of the business license certificate is provided. - 2 - Attachment 1 C11 - 6 Section A DESCRIPTION OF WORK Utility Billing Shutoff Notices Each week the city mails approximately 300 shutoff notices. A sample is provided. Mailing Services All statements produced for printing and mailing shall be folded and inserted into individual envelopes with a return envelope included. All envelopes prepared for mailing shall have the most economical rate of postage applied to maintain the lowest possible cost to the city. All materials sent for mailing shall be mailed within two (2) days of receipt by vendor. Vendor shall allow the city to maintain a deposit account that will be used to pay for postage and replenished as needed. No more than one month’s average postage expense shall be maintained in the account unless circumstances warrant a different amount and city agrees to the higher amount. City may replenish the account with payment made by check or electronic means at the discretion of the city. The city is currently using Springbrook postal link to validate the customer mailing addresses an provide the Postal Full Version Intelligent Bar Code that is shown on the face of the sample utility bill provided and appears within the window envelope opening. Invoicing Requirement Vendor must be able to generate an invoice that itemizes the costs for sending statements separately from the costs for printing and mailing inserts in order to allow the City to charge the costs to the appropriate internal departments. Utility Billing Doorhangers Each week the city prints and delivers approximately 20 door hangers. A sample is provided. City Approved Fonts and Format - 3 - Attachment 1 C11 - 7 Section A DESCRIPTION OF WORK - 4 - Attachment 1 C11 - 8 Section A DESCRIPTION OF WORK - 5 - Attachment 1 C11 - 9 Section C SPECIAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted in the format described in the RFP specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be received by the City Clerk no later than 3:00 p.m. on Friday, October 3rd. The submittal package shall include 1 (one) hardcopy version and a thumb drive containing electronic versions of the documents provided in hardcopy form. Each electronic document provided on the thumb drive shall be properly labeled with regard to the order in which it appears in print. The exterior of the submittal package shall be clearly labeled with the words “Utility Bill and Business License Correspondence Mailing Services proposer name, and time and date of the proposal opening and Spec. #91339”. No FAX submittals will be accepted. It is the responsibility of each firm submitting a proposal to ensure that the electronic document(s) submitted are protected to ensure that no changes can be made to the submittal once it is in the possession of the city. Attention to the details required by the submittal process will be part of the overall evaluation and scoring. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 11 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Clerk for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except as part of an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials or services to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be - 6 - Attachment 1 C11 - 10 Section C SPECIAL TERMS AND CONDITIONS permitted, if directed to the Director of Finance and Information Technology, Wayne Padilla. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 1. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 90 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 2. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 3. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 4. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 5. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract if their place of business is within the city limits. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 1. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 2. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 3. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 4. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 5. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. - 7 - Attachment 1 C11 - 11 Section C SPECIAL TERMS AND CONDITIONS 6. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 7. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 8. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 9. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 10. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 11. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). Payment may be made from proceeds of the debt issuance if this is customary for the type of financing, but only upon the acceptance and approval by the city of an original invoice identifying the basis for the fees charged. 12. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 13. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 14. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with - 8 - Attachment 1 C11 - 12 Section C SPECIAL TERMS AND CONDITIONS the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 15. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 16. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 17. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. (The City may also terminate the contract for convenience or financial necessity upon giving Contractor 30 days written notice of such action.) If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. - 9 - Attachment 1 C11 - 13 Section C SPECIAL TERMS AND CONDITIONS The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 1. Contract Term. The term of the contract shall be for a period of 5 (five) years. 2. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal cover letter. (item 1 in submittal) b. Certificate of insurance. (item 5 in submittal) c. References from at least three California municipalities for whom you have provided similar services within the past 2 (two) years. (item 4 in submittal) Note: For ease of proposal preparation, proposers are asked to prepare their own proposal submittal forms as long as they contain the information requested below, in the same order that each item is listed here. . Qualifications (item 2 in submittal) a. General qualifications of your firm to provide the mailing services described in this document within the timeframes listed. b. Experience in providing similar services required by the City to comparable California cities. c. Describe the quality control measures utilized by your firm to ensure that the work performed to accomplish the scope of work described here will be completed on time and with the level of accuracy that is standard within the industry. d. Description of particular and interesting issues, problems or complications that arose in previous engagements and how these were resolved. e. Resumes and responsibilities of the individuals who would be assigned to work with the City and the identification of the person who would be the City’s lead contact. f. Any other information that would assist us in making this contract award decision. Compensation (item 6 in submittal) a. Provide the cost associated with each of the elements of the work scope. Please keep distinct costs separate from the others. For example, provide the cost of printing envelopes as a separate fee (if costs are different for the different sizes of envelopes, - 10 - Attachment 1 C11 - 14 Section C SPECIAL TERMS AND CONDITIONS please distinguish between the two. If the volumes requested can be obtained at a cheaper rate based on minimum orders, please provide the quantity needed to obtain the next price break) Printing of inserts as described in this document should be shown as a separate charge from printing the utility bills. b. Postage costs (piece rates) for each type of mailing proposed should be represented along with the postal code/rate designation for each amount shown. Statement of Litigation, Investigations, Conflicts of Interest and Disqualifications (item 3 in submittal) a. Statement and explanation of any instances where your firm or anyone proposed to be assigned to this project has been removed from a project or disqualified from proposing on a similar scope of work. b. Any instances in which your firm or anyone assigned to this project was the subject of an investigation by a state or federal agency related to a similar scope of work. Describe the outcome and status of that investigation. Network Security Describe in detail, the levels of security used to prevent unwanted access to your computer system from both within and outside your organization. Include the name of the vendor providing the security software in use and the version number of that program if applicable along with the date of the last security update applied to your system. 3. Proposal Length Format and Copies. Proposals should meet the following guidelines. a. Proposals should not exceed 15 pages, including attachments and supplemental materials. The proposal should be prepared simply and economically, providing a straightforward, concise presentation of the information requested. Please keep marketing material to a minimum and emphasize factual material. b. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches. c. One (1) copy of the proposal must be submitted. Along with a write protected electronic version on a thumb drive. 4. Proposal Evaluation and Selection. Proposals will be evaluated by the Director of Finance based on the following criteria: a. Understanding of the work required by the City b. Quality, clarity and responsiveness of the proposal, including attention to form submittal requirement details - 11 - Attachment 1 C11 - 15 Section C SPECIAL TERMS AND CONDITIONS c. Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by the City d. Recent experience in successfully performing similar services for comparable cities e. Adequacy of internal oversight of investment planning and transaction execution f. References g. Background and related experience of the specific individuals to be assigned to this work h. Proposed compensation As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected financial advisor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 5. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 9/03/14 b. Conduct pre-proposal teleconference 9/15/14 c. Receive proposals 10/03/14 d. Complete proposal evaluation 10/16/14 e. Conduct finalist interviews 10/30/14 f. Finalize award recommendation 11/06/14 g. Execute contract 11/19/14 6. Pre-Proposal Teleconference. To answer any questions that prospective proposers may have regarding this RFP, an optional pre-proposal teleconference is tentatively scheduled for: Monday, September 15, 2014 10:00 AM While not mandatory, proposers are strongly encouraged to participate in this teleconference. Proposers interested in participating in the pre-proposal teleconference should contact Wayne Padilla, Finance Manager at (805) 781-7125 or wpadilla@slocity.org to receive a phone number and password and to confirm the date and time. 7. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the firm as part of the work or services under these specifications shall be the property of City and shall not be made available or sold to any individual or organization by the firm. 8. Copies of Reports and Information. If the City requests additional copies of reports or any other material in addition to what the firm is required to furnish in limited quantities as part of the work or services under these specifications, the firm shall provide such additional copies as - 12 - Attachment 1 C11 - 16 Section C SPECIAL TERMS AND CONDITIONS are requested, and City shall compensate the firm for the costs of duplicating of such copies at the firm's direct expense. 9. Non-Exclusive Contract. The City reserves the right to contract with other firms for similar services during the contract term. - 13 - Attachment 1 C11 - 17 Section D SAMPLE FORM OF AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _________________________, 2014, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [ ], hereinafter referred to as Consultant. W I T N E S S E T H: WHEREAS, on September 3, 2014, City requested proposals for Utility Bill and Business License Correspondence Printing and Mailing Services per Specification No. 91339. WHEREAS, pursuant to said request, Consultant submitted a proposal, which was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be for a period of 5 years, from the date this Agreement is made and entered, as first written above. 2. INCORPORATION BY REFERENCE. City Request for Proposal Document for Specification No. 91339 and Consultant’s proposal dated _________________, are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation as set forth in Exhibit A of this Agreement. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. - 14 - Attachment 1 C11 - 18 Section D SAMPLE FORM OF AGREEMENT 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Consultant [ ] [ ] [ ] [ ] 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Clerk City Administrative Officer APPROVED AS TO FORM: Consultant By: City Attorney - 15 - Attachment 1 C11 - 19 Section E INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. - 16 - Attachment 1 C11 - 20 Section E INSURANCE REQUIREMENTS 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. - 17 - Attachment 1 C11 - 21 PROPOSAL SUBMITTAL FORM UTILITY BILL AND BUSINESS LICENSE CORRESPONDENCE PRINTING The authorized representative identified below declares that she or he: 1. Has carefully examined Specification No. 91339, which is hereby made a part of this proposal. 2. Is thoroughly familiar with its contents. 3. Is authorized to represent the proposing firm. 4. Agrees to perform the work as set forth in this proposal. Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Authorized Representative Date - 18 - Attachment 1 C11 - 22 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the work completed for 3 (three) California clients within the last 2 years that demonstrate your ability to provide the services required by the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Below, please provide current contact information for each of these three clients. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome - 19 - Attachment 1 C11 - 23 Page intentionally left blank. C11 - 24