Bend Mailing Services - C110018 January 13, 2015 City of Tigard
Bend Mailing Services
Attn: Sam DiSpaltro
1036 SE Paiute Way
Bend Or 97702
REF.: Utility Bills —Printing, Mailing, and Barcode Services
Period: February 9, 2015 through February 8, 2016
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CONTRACT NOTICE OF AWARD - RENEWAL
Dear Mr. DiSpaltro:
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its Fourth (4th)
and final one-year extension to the Contract effective from February 9, 2015 through February 8,
2016. This renewal period shall be governed by the specifications, pricing, and the terms and
conditions set forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Bend Mailing Services.
Sincerely,
: 11
amie Greenberg
Purchasing Assistant
503-718-2492
Jamie@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms, and conditions as set forth in the above of enced Contract.
n U �G 1 I)111 t 5 C rIj.I 4S Signed:Company: gn
Date: Printed:
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13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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February 19, 2014 City Of Tigard
Bend Mailing Services
Attn: Sam DiSpaltro
1036 SE Paiute Way
Bend Or 97702
REF.: Utility Bills—Printing, Mailing, and Barcode Services
Period: February 9, 2014 through February 8, 2015
CONTRACT NOTICE OF AWARD - RENEWAL
Dear Mr. DiSpaltro:
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its Third (3rd)
one-year extension to the Contract effective from February 9, 2014 through February 8, 2015.
This renewal period shall be governed by the specifications, pricing, and the terms and conditions
set forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Bend Mailing Services.
Sincerely,
Jamie Greenberg
Purchasing Assistant
503-718-2492
jamie@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms, and conditions as set forth in the above referenced Contract.
Company: Signed:
Date: ` ' 14 Printed: ! D G
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 0 www.tigard-or.gov
ATTACHMENT C
CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
UTILITY BILLS-PRINTING,MAILING AND BARCODE SERVICES
THIS AGREEMENT made and entered into this 9`'' of February, 2011, by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City", and Bend Mailing Services, LLC, hereinafter
called"Contractor", collectively known as the"Parties."
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City
requires the services;and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services
described in Contractor's bid or proposal;
THEREFORE,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to Utility Bills-Printing, Mailing and Barcode Services as detailed
in Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed,together with an executed copy of this
Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended, on February 9, 2012. All services shall be completed prior to the expiration
of this Agreement. The City and Contractor may agree to up to four (4) mutual one (1) year options. The
total term of the contract cannot exceed five (5) years.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding One Hundred Fifty-two Thousand and 00/100 dollars
($152,000.00) annually for performance of those services described herein,which payment shall be based upon
the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the
City, and not more frequently than monthly. Payment shall be made only for work actually
completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor, for
services performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the
prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
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F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services
furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay
such claim and charge the amount of the payment against funds due or to become due the
Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety
from obligation with respect to any unpaid claims.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one work week except for individuals under the contract who are excluded under ORS
653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical,hospital care or other needed care and attention incident to
sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for
such services and all moneys and sums which Contractor collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of providing or paying for
such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of
this contract.
5. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent
of the other and any attempted assignment or transfer without the written consent of the other party shall be
invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery,mail or fax. Payments may
be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit
notices,bills,payments,and other information:
Attn: Joseph Barrett Attn: Sam Di Spaltro
Address: 13125 SW Hall Blvd. Address: 1036 SE Paiute Way
Tigard,Oregon 97223 Bend,Oregon 97702
Phone: 503-718-2477 Phone: 541-388-0789
Fax: 503-684-7297 Fax: 541-383-1817
Email Address: _Joseph@tigard-or.gov Email Address: bms@bendmaihng.com
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 26h of January, 2012,
shall be accompanied by thirty (30) days written notice to the other party prior to the date termination
would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to
this paragraph,it shall pay Contractor for services rendered prorated to the date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to
this Agreement for the purpose of making audit,examination,excerpts and transcripts.
9. FORCE MMEURE
Neither City nor Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the
parties so disenabled,including but not restricted to,natural disaster,war, civil unrest,volcano, earthquake, fire,
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flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days
from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent.
Such notification shall not be the basis for a claim for additional compensation. Each party shall, however,
make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of
the cause,diligently pursue performance of its obligation under the Agreement.
10. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation
statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990,
ORS 659.425,and all regulations and administrative rules established pursuant to those laws.
11. INDEMNITY/HOLD HARMLESS
Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of action of
any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of
whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors,
agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that
arises out of City's sole negligence.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work
hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and
coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Lirnit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
B. Business Automobile Liability Insurance
If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor
shall provide City a certificate indicating that Contractor has business automobile liability coverage for
all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less
than$1,000,000. Said insurance shall name City as an additional insured and shall require written notice
to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to make delivery,
Contractor shall ensure that said carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that are
either subject employers under the Oregon Workers' Compensation Law and shall comply with
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ORS 65 6.017,which requires them to provide workers' compensation coverage that satisfies Oregon
law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state
employers must provide Oregon workers' compensation coverage for their workers who work at a
single location within Oregon for more than 30 days in a calendar year. Contractors who perform
work without the assistance or labor of any employee need not obtain such coverage. This shall
include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident.
D. Insurance Carrier Ratin
All coverage provided by the Contractor must be underwritten by an insurance company- deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effected until the required certificates have
been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or
loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing
party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness
fees (expert and non-expert),attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but
not limited to, the requirements concerning working hours, overtime, medical care, workers compensation
insurance, health care payments, payments to employees and subcontractors and income tax withholding
contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict between the
terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall
be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of
competent jurisdiction,the validity of the remaining terms and provisions shall not be affected to the extent that
it did not materially affect the intent of the parties when they entered into the agreement.
24. INDUSTRIAL ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or
subcontractors incur during the performance of this Agreement.
25. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the
parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a
provision in the main body of the Agreement and a provision in the Exhibit,the provision in the main body of
the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A shall
control. No modification of this Agreement shall be effective unless and until it is made in writing and signed
by both parties. No waiver, consent,modification, or change of terms of this Agreement shall bind either party
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unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,agreements,
or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature
of its authorized representative, hereby acknowledges that Contractor has read this Agreement, understands it
and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written.
Approved by Tigard's Local Contract Review Board: November 11 2010
CITYOFGARD BENP ALULING SERVICES,LLC
a" \
By: Auth lzed City Representative By:Authorized Contra r Rep sentative
Zop C
Date Date
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