HomeMy WebLinkAbout5328Contract Number: 5328
Vendor: KAYE-SMITH
Subject: Statement Processing
Department: Utility Billing
File Class: LEG 12-1
Begin Date: 7/24/2006
End Date:
Review Date: 1/1/2015
Vault Date:
Comments: Renews Annually
City of Bremerton Statement Processing
March 24, 2006
Statement Processing
for
Prepared by:
City of Bremerton Statement Processing
March 24, 2006
The purpose of this document is to present Kaye -Smith's proposal to in the processing of
Statements for the City of Bremerton
This document will list Team Members, Kaye -Smith's Project Manager, and contact
mformation. It will indicate specifications, turnaround time, and pricing. If you have
any questions or comments please contact the Project Manager.
Kaye -Smith Team Members:
Account Coordinator: Mark Morrison
Contact information
E-mail I Desktop Phone Cell Phone
Mark.morrison esmith.com 425 462-3201 20 375 - 2045
Internal Coordinator: Robert O'Dell
Contact Information
E-mail Desktop Phone Cell Phone
Robert.odell cr ka esmith.com (425) 254-3045
Database Manager: John Davila
Contact Information
E-mail =Desktop Phone Cell Phone
John.Davila cr ka esmith.com (425 254-3120 206) 375-2030
Sales Manager: Mike Hatfield
Contact Information
E-mail I Desktop Phone Cell AP
hone
1 (425) 227-3189 206) 375-2011
Project Manager: Mark Morrison
City of Bremerton Statement Processing
March 24, 2006
Scope of Work:
Kaye -Smith will receive four files monthly from Bremerton in the approximate amount
of 10,000 for regular customers and 2,000 delinquent customers. Kaye -Smith will use
this data to format, image, fold, insert and mail a single statement or delinquent notice per
name. One insert per statement (provided by COB) is included in the pricing. A business
return envelope will also be included. All postage will be via meter and postage costs
will be invoiced as a liability account (will appear on the invoice).
Size - Kaye -Smith has estimated this using a standard sheet size of
8.5" x 11"pre-imaged on two sides. See base stock pricing below.
Turnaround — Statements will mail within 48 hours after receipt of file.
Price:
Price is broken into two areas: Development and Processing. Development costs are
defined as all work done in preparation to receive and correctly process files. Processing
is defined as the act of receiving, formatting, imaging, inserting, and mailing.
These costs are as follows:
Development
Number of Hours Timeframe Total Cost
72 1 Four to Six Weeks* $9,600.00**
0 Timefimme could be longer based on the customers needs & requirements
" To be determined by datubm conversations with COB data personnel
Processing
Number of Files Received
Rate
12,000 per month
$142.98 / M
Base Stock
Item
Qty
Cost
#10 Envelope
60M
$29.06 / M
# 9 Envelope
60M
$38.09 / M
Base Stock
160M
$29.89 / M
Inserts
Quantity
I Rate
Per pallet — may hold up to four items
1 $18.00 per bin
We anticipate a maximum of three pallets per month.
City of Bremerton Statement Processing
March 24, 2006
Additional costs may be incurred due to: Inserts, marketing messages, or other custom
development.
These prices will be in effect for two calendar years beginning in May of 2006. Any
increases due to raw material cost (paper, etc) must be mutually agreed upon by both
parties. A one year extension may be added at the discretion of both parties at the end of
that two-year period
Either party may dissolve this contract upon sixty days written notice.
As stated above please contact the Project Manager if you have any questions or
comments regarding this proposal.
Approved by:
Z 0�
City o Bremerton Date
Kaye -Smith Date
City of Bremerton and Kaye-Smith Amendment 2
11
AMENDMENT 2 to the
GOODS AND SERVICES AGREEMENT
FOR UTILITY BILLING PRINTING AND MAILING
SERVICE
This is the second amendment to the contract for Utility Billing Printing and
Mailing Service entered into on the 2nd day of October, 2014 ("the Contract"),
between the City of Bremerton ("City " ) and Kaye - Smith ("Vendor").
Whereas the City and Vendor entered into the Contract wherein the vendor
provides Utility Billing Printing and Mailing Service, as stated in the Contract; and
Whereas, the City and vendor wish to extend the Contract for an additional
two years, with all existing prices, conditions and specifications; and
Whereas, this is the second contract extension anticipated for this required service, and
that the contract allows for three two - year extensions; and
Whereas, the parties wish to amend the Contract under Section 2, 11 "TERM"
to effectuate the two - year Contract extension.
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, the City and Vendor mutually agree that Section 2 of the Contract is
amended as follows:
2. TERM: The term of this agreement shall commence on (October 3,
2020) and will terminate on (October 2, 2022) unless terminated earlier pursuant
to this agreement.
A. CONTRACT EXTENSION: The term of this agreement is
extended to October 2, 2022.
DocuSign Envelope ID: 2EE72DFD-28D0-414C-AF0E-E0E648F9E396
City of Bremerton and Kaye-Smith Amendment 2
This document will become a supplement to the Contract and all provisions will apply
hereto.
All other terms of the agreement not specifically amended here in
shall remain in full force and effect.
In Witness hereof:
CITY OF BREMERTON
By:_______________________
Grey Wheeler, Mayor
Date:______________________
KAYE-SMITH
By:________________________________
Date:_______________________________
APPROVED AS TO FORM:
By:_______________________
Roger Lubovich, City Attorney
Date: ________________________
ATTEST:
By: ___________________________
Angela Hoover, City Clerk
Date: __________________________
DocuSign Envelope ID: 2EE72DFD-28D0-414C-AF0E-E0E648F9E396
10/16/2020
10/19/2020
Randy GiffordRandy Gifford
10/23/2020
10/23/2020
07 14:36 3604732330 BREMERTON UTILITIES PAGE 04
City of lreMerton Statement Processing
March 24, 2006
Additional costs may be incurred due to: Inserts, marketing messages, or other custom
development.
These pnces will be in effect for two calendar years beginning in May of 2006. Any
increases due to raw material cost (paper, etc) must be mutually agreed upon by both
patties. A one year extemion may be added at the discretion of both parties at the end of
that two-year period.
Either party may dissolve this contract upon sixty days wAtten notice.
As stated above please contact the Project Manager if you have any questions or
comments regarding this proposal.
Approved by:
City o Bremerton Date Kaye -Smith Date
AMENDMENT 1 TO
GOODS AND SERVICES AGREEMENT
FOR UTILITY BILLING PRINTING AND MAILING SERVICE
This is the first amendment to the contract for Utility Billing Printing and Mailing Service
entered into on the 2nd day of October, 2014 ("the Contract"), between the City of Bremerton
("City") and Kaye - Smith ("Vendor").
Whereas, the City and Vendor entered into the Contract wherein the vendor provides
Utility Billing Printing and Mailing Service, as stated in the Contract; and
Whereas, the City and vendor wish to extend the Contract for an additional two years,
with all existing prices, conditions and specifications; and
Whereas, this is the first contract extension anticipated for this required service, and
that the contract allows for three two — year extensions; and
Whereas, the parties wish to amend the Contract under Section 2, "TERM" to
effectuate the two — year Contract extension.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
City and Vendor mutually agree that Section 2 of the Contract is amended as follows:
2. TERM: The term of this agreement shall commence on ( October 2, 2014 ) and
will terminate on ( October 2, 2020) unless terminated earlier pursuant to this agreement.
A. CONTRACT EXTENSION: The term of this agreement is extended to
October 2, 2020.
This document will become a supplement to the Contract and all provisions will apply
hereto.
All other terms of the agreement not specifically amended here in shall remain in full
force and effect.
1
IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and
year indicated.
,,VVjM�1,V1wS
Print Name 4)
Its
U\j
Greg h eler, Mayor
23,,=* • M
Roger A.Luno City ) ktto rney
Received for filing:
QTV �
Angela WYbds, City Clerk
0
Date
1-2-119 12018
Date
GOODS AND SERVICES AGREEMENT
7MS AGREE , is entered into between the City of Brem2-10n, a Washington Municipal Corporation ("City?), and
Kaye - Smith ("Vendor"), whose mailing address is; 4101 Oakesdale. Avenue SW, Renton, WA 9SO57
The parties agree as follows:
1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services
for the City: Printing, inserting and mailing services for the City's utility bills and delinquent notices.
2. TERM. This Agreement will terminate on October 1, 2015 unless the parties agree to an extension as provided in this
paragraph or a party terminates the Agreement pursuant to Paragraph S. Prior to the termination date provided herein, the
patties may mutually agree to extend the agreement an additional two years, The parties may agree to a total of three such
two-year extensions.
3. COMPENSATION. The City shall pay the Vendor the following amounts according to the following schedule, plus
applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement See Attached pricing
sheet.
A_ Dgkc0or Lzhu Work The City reserves its right to withhold payment from Vendor for any defective or
unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this
Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above.
The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs,
from any and all amounts due or to become due the Vendor.
4. INDEPENDENT CONTRACTOR Contractor is and shall be at all times acting as an independent contractor and not as an
employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social
security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor,
officer, agents, employees and sub -contractors. The Contractor shall also secure all applicable business licenses, if required, in
connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub -contractors,
5. TERMINATION. This Agreement shall remain in force until completion of the term as provided in Paragraph 2, terminated
----by--the both parties in writing, -terminated by the City for good cause as provided in this paragraph, or terminated by the City for
convenience.. "Good cause" shall include, without limitation, any one or more of the following events:
A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for
completion of this Agreement
B. The Vendor's failure to complete this Agreement within the time specified in this Agreement.
C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor.
D. The Vendor's failure to comply with federal, state or Iocal laws, rules or regulations.
E. The Vcndofs filing for bankruptcy or becoming adjudged bankrupt
Rev. 7/14
If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this
Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a
third party of the City's choosing.
6. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided
during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must
submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or
should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or
decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving
either a written change order from the City or an oral order from the City before actually receiving the written change order. If the
Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent
change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must
complete the change order work, however, the Vendor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by
the City, the Vendor shall:
1. Immediately give a signed written notice of protest to the City,
2. Supplement the written protest within fourteen 114) calendar days with a written statement that provides the
following information:
a. The date of the Vendor's protest.
b. The nature and circumstances that caused the protest.
C. The provisions in this Agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is
asserting a schedule change or disruption.
3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work
The City shall have access to any of the Vendor's records needed for evaluating the protest
The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a
protest is valid, the City will adjust payment for work or time by an equitable adjustment, No adjustment will be
made for an invalid protest
B. "Vendor's Duty to Corwlete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide
the goods, materials and services required by the City under this Agreement_
C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by. (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted
by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time
and for direct, indirect and nonsequential costs, including costs of delays related to any work, either covered or
affected by the change.
- --
Rev. 7/14
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any
additional entitlement and accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procetiuter Constitutes Waiver. By failing to follow the procedures of this section. the Vendor
completely waives any claims for protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor
unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such
provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from
the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must
include the information set forth regarding protests in Section 6(A)(2)(a)-(e).
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED
SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120
calendar days from the date the contract work is complete.
S. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the
City's acceptance of the Contract work When defects are corrected, the warranty for that portion of the work shall extend for one year
from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7)
calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a
reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish
the correction_
9. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and
volunteers harmless from any and aU claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out
of or in connection with the performance of this Agreement Vendor's obligation to indemnify shall not extend to that portion of
damages caused by the City's sole negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these
covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall
be only to the extent of the Vendor's negligence.
3
Rev. 7114
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION
CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL. I.NMURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMRmcATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for
injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the
Vendor, its agents, representatives, employees or subcontractors.
Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance
evidencing:
1. Automobile Liability instrance with limits no less than $1,000,000 combined single limit per accident for bodily
injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000
combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property
damage, Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad
form property damage; and employees liability.
Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor.
All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which
shall be provided on a "claims -made" basis.
The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work
performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance
policies.
The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to
each insured against wham claim is made or suit is brought, except with respects to the limits of the insanes liability.
The Vendor's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Vendor
to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, Attn: Risk Management, 345 6's Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation,
suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach
of this Agreement
The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a
duplicate of the h mace policy with all etndorueluents as evidence of coverage.
4
Rev. 7114
11. MISCELLANEOUS.
A- Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required
to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this
agreement, assigns any payments due under this contract to the City Clerk for payment of such tares which have
been declared delinquent.
B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates
higher on the following list shall take precedence:
1. Addenda, if any,
2. Contract,
3. Specifications,
4. Terms and Conditions,
S. Contractors proposal.
C. Documents IncgM9Ep ed by Reference. The following documents are incorporated by reference, to include, but not
be limited to:
I. Terms and Conditions,
2, Specifications,
3. Proposal, and
4. Non -Collusion Affidavit
D. se of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials,
personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of
the City. The City will not unreasonably withhold its consent.
E. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its
subcontractors, or any person acting on behalf of Vendor shall not, by reason of raze, religion, color, sex, sexual
orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates.
F. ConiphLu a with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout
every aspect in the performance of this Agreement
G. qr_k Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the
safety of its employees, agents, and subcontractors in the performance of this Agreement All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles
used or held for use in connection with the work
H. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of
Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement,
resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County
Superior Court, Kitsap County, Washington.
1. AttnmeVs Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each
party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing
such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under
5
Rev. '7114
Section 9 of this Agreement.
J. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed
below, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3)
calendar days atter the date of mailing by registered or certified mail, and shall be deemed sufficiently given if seat
to the addressee at the address stated in this Agreement
Notices to be sent to:
Notices to be sem to:
Attn: Sr. Account Director Attn: UtilityBilling Supervisor
Kaye - Smith City of Bremerton
4101 Oakesdale Avenue SW 100 Oyster Bay Ave N
Renton, WA 98057 Bremerton, WA 98312
K.si ent Any assignment of this Agreement by the Vendor without the written consent of the City shall be void
L Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding
unless in writing and signed by a duty authorized representative of the City and Vendor.
M. Severability. If any one or more sections, sub -sections, or sentences of this Agreement are held to be
unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and
the remainder shall remain in full force and effect
N. Entire Agreement The written provisions and terms of this Agreement, together with any attached Exhibits,
supersede all prior verbal statements by any reprusentative of the City, and those statements shall not be construed as
foraying a part of or altering in any manner this Agreement This Agreement and any attached Exhibits contain the
entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement
VENDOR: CITY:
Kaye — Smith City of Bremerton
By- By. (?44
Print Name:Print Name: Dent
1ts: 11A C. ..sr ,t.� ..L�- . Its: Mayor
Date: 9/t,A/i<! Date
APPROVED AS,T RM:
)-
Breen City Attorney
r
A
City Clerk
6
Rev. 7/14