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124-12 RESOLUTION
RESOLUTION NO. 124-12 A RESOLUTION TO APPROVE A CONTRACT WITH MAILCO, INC. FOR ONE YEAR'S MAILING SERVICES AT AN APPROXIMATE COST OF $246,072.51 WITH AN OPTION TO RENEW THE CONTRACT FOR ANOTHER FOUR YEARS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with MailCo, Inc. for one year's mailing services at an approximate cost of $246,072.51 with an option to renew the contract for another four years. PASSED and APPROVED this 19th day of June, 2012. APPROVED: ATTEST: Bv:'4---By: a AA div4-) N ' D JORD ayor SONDRA E. SMITH, City Clerka0/4/1i6-:„,,,,,,I. rer .arrrro,TR��a, ®‘ ®9 °°O `.5:&:',,,, �O .z./., ° ®G\� Y O'c®°°Gcl\ o FAYETTEVILLE o ®�° °° ® CDmo o' 111/1)/G76 IA 'AS510�` IiiM@B Rainy Laycox Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/19/2012 City Council Meeting Date Agenda Items Only Billing & Collections Division Action Required: Finance Department Awardig Bid 12-21, Mailing Services to MailCo USA, Inc. for a period of one (1) year with an option for four (4) automatic annual renewals for a total possible contract term of five (5) years based on the prices presented. $246,072.51 Cost of this request 5400-1810-5305.00 5500-5000.5305.00 Account Number Project Number Budgeted iteral x $241,000.00 $146,600.00 Category / Project Budget $46,097.10 $30,156.01 Services and Charges Program Category / Project Name Billing & Collections/SW Admin Funds Used to Date Program / Project Category Name $311,346.89 Water & Sewer /Solid Waste Remaining Balance Fund Name Budget Adjustment Attached Dep ent Director City orney ,6 -I -Am Date Previous Ordinance or Resolution # Original Contract Date: .NL 6,- — ZJ j2 Original Contract Number: Date Finance and Internal Services Director Date Date ate 127-04 9/7/2004 Received in City06-0l-12P03:40 RCVD Clerk's Office Comments: Revised January 15, 2009 a'F vetleville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan Thru: Paul Becker, Finance Director From: Rainy Laycox, Billing & Collections Manager Date: June 01, 2012 Subject: Resolution approving a contract with Mailco USA, Inc. based on Bid 12-21 RECOMMENDATION: Administration recommends approval of the resolution and contract awarding to Mailco USA, Inc for mail processing for the City of Fayetteville for a period of one (1) year with an option for four (4) automatic annual renewals for a total possible contract term of five (5) years based on the prices detailed in Bid 12-21 BUDGET IMPACT: At this time it is anticipated that costs will not exceed budgeted amounts for 2012 provided there are no unforeseen U S Postal Service rate increases for the remainder of said year. RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT WITH MAILCO, INC. FOR ONE YEAR'S MAILING SERVICES AT AN APPROXIMATE COST OF $246,072.51 WITH AN OPTION TO RENEW THE CONTRACT FOR ANOTHER FOUR YEARS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with MailCo, Inc. for one year's mailing services at an approximate cost of $246,072.51 with an option to renew the contract for another four years. PASSED and APPROVED this 19th day of June, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ratelle THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org CONTRACT Reference Bid: Bid 12-21, Mailing Services Vendor: MailCo USA, Inc. Terms: One (1) year with 4 (4) automatic annual renewals, total contract option of 5 years This contract executed this 1614" day of /�,(�� , 2012, between the City of Fayetteville, Arkansas, and MailCo USA, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. MailCo USA, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 12-21 as stated in MailCo USA, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 12-21 all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay MailCo USA, Inc. based on their bid proposal in amounts not to exceed pricing as stated in Bid 12-21. In the event of a postage cost increase, the price per item will only be allowed to reflect the actual postage increase cost. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and MailCo USA, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 12-21 with the specifications and conditions typed thereon including any addendums B. MailCo USA, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and MailCo USA, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and MailCo USA, Inc. 5. MailCo USA, Inc. shall not assign its duties under the terms of this agreement. 6. MailCo USA, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from MailCo USA, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. MailCo USA, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's City of Fayetteville, AR CONTRACT FOR MAILING SERVICES Reference: Bid 12-21, Mailing Services Page 1 of 2 Compensation Insurance, MailCo USA, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. General Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by MailCo USA, Inc. 8. MailCo USA, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or MailCo USA, Inc. with 30 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. MAILCO USA, INC. CITY/ OF FA ETTEVILLE, ARKANSAS By: (4)— Pe)) PrintedlName itle ATTEST: Co p y Secretary -51* J 5d%01 Business Address Date Signed: City of Fayetteville, AR CONTRACT FOR MAILING SERVICES Reference: Bid 12-21, Mailing Services Page 2 of 2 ATTEST: AN, Mayor e,� a 4,14.t6 -'Son ra Smith, City Clerk ,00wlI!Miff', ®`v�o•�ERK/TR"s,.,' '' Date Signed: W/��f2P..\0 °G\A Y Ot.. • Gp'eP ®/• •< to a • FAYETTEVI LLE •; ah°a� < co •ho %°s°yoR/(Aj\1,P°OJo: eel/VG T•ON,,,•`` eG BID: 12-21 DATE: 05130/12 CITY OF FAYETTEVILLE Sy'eterql-leTIME: 2:00 PM ARKANSAS Bid 12-21, TIME: Services .. ......... ......... Data Forms, inc ;: Mai(Co USA Inc Item # Description Estimated Yearly quantity UNIT PRICE TOTAL Item # Description Estimated Yeaarlyrty Quantity UNIT PRICE TOTAL 1 Monthly Bill 327,000 $ 0.404 $ 132,108.00 1 Monthly Bill 327,000 $ 0.38 $ 124,260.00 2 Shut Off Notice/Past Due 78,000 $ 0.404 $ 31,512,00 ;? 2 Shut Off Notice/Past Due 78,000 $ 037 $ 28,860.00 3 Bank Draft 87,000 $ 0.404 $ 35,148.00 3 Bank Draft 87,000 $ 0.37 $ 32,190.00 4 Final Bill 24,000 $ 0.404 $ 9,696.00 "`` 4 Final Bill 24,000 $ 0.38 $ 9,120.00 5 Collection Letter 9,000 $ 0.404 $ 3,636.00 '' 5 Collection Letter 9,000 $ 0.37 $ 3,330.00 6 Employee Retirement & Savings Statements 2,000 $ 0.424 $ 848.00 <'; 6 Employee Retirement & Savings Statements 2,000 $ 0.40 $ 800.00 7 Arrest Warrants 6,000 $ 0.424 $ 2,544.00 7 Arrest Warrants 6,000 $ 0.37 $ 2,220.00 8 Parking Management 6,000. $ ` 0.424 $ 2,544.00 ��: 8 Parking Management 6,000 $ 0.37 $ 2,220.00 9 Sex Offender Mailouts 3,000 $ 0;60 $ 1,800 00 s :: Sex Qffender Mailouts 3,000 $ 0.525 $ 1,575.00 10 Trash Sticker Mailouts (newsletter 20,000 $_ , 0.97 ; 10 Trash Sticker Mailouts (newsletter & 20,000 $ 0.259 $ 5,180.00 11 0-2 oz. letter (price per each) 80,000 $ 0.424$ 33,920.00 'V 11 0-2 oz. letter (price per each) 80,000 $ 0.424 $ 33,920.00 12 Postcard 3,000 $ 0.30"=:12 $ 900.00 €a: Postcard 3,000 $ 0.32 $ 960.00 13 0-2 oz. certified with return receipt letter 250 $ 6.00 $ 1,500.00 ` 13 0-2 oz. certified with return receipt letter 250 $ 5.75 $ 1,437.50 14 Courier fee - price per day 252 NO FEE $ _ 14 Courier fee - price per day 252 NO FEE $ _ 15 Printing Water Bills, 8.5x11 paper, top 445,195$ >`' 15 Printing Water Bills, 8.5x11 paper, top 1/3 44Fir4?5 $ 0.02475 $ 1 1,021.7a 113 penoratea, wnite paper 0.02 $ 8,905.50 ." ; penorareo, wrate pit.10 66 Printing Past Due Notices, 8.5x11 R9 4�,4v; $ 1,b4(.18 w. as Printing Past Due Notices, 8.5x11 paper, top 1/3 perforated, PINK paper 82 359 $ 0.026 $ 2,141.33 paper, tup i/3 perf8ratea, Plivn paper $ U.UL Total Base Bld Total Base Bid $ $ g-rum 1 1,75 'SSC' 00 .0 2i(2i071.5 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: ' �` forms 2 Andrea oren, P • B, CPPD WITNESS 6y DdTE eVi City of Fayetteville, Arkansas chasing Division - Room 306 113 W. Mountain Fayett eville, AR 72701 Phone: 479.575.8220 ARKANSAS TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: BID 12-21, Mailing Services DEADLINE: Wednesday, May, 30, 2012 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, CPPO DATE OF ISSUE AND ADVERTISEMENT: Thursday, May 10, 2012 INVITATION TO BID Bid 12-21, Mailing Services No late bids shall be accepted. Bids shall be submitted in sealed envelopes labeled with the bid number, bid description, and with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Malleo USA Inc Contact Person: Kathy Ferguson Title: President E -Mail: kferguson@mailcousa.com Business Address: 3186 S School Ave Phone: 479-521-6245 City: Fayetteville State: AR zip: 72701-7935 Signature: Date: 05/29/12 City of Fayetteville, AR Bid 12-21, Mailing Services Page 1 of 15 4, MailCo USA 2012 MAILCO USA OFFERS YOU...MORE THAN MAIL Company History and Overview MailCo USA Inc. was established on July 1, 1988 by Robert C. Susong. Mr. Susong had just retired as United States Postmaster in Fayetteville after more than 33 years of service. He was joined by his daughter, Kathy D. Ferguson, in 1989 and together they owned and operated the firm. After graduating from college in 2005, Mrs. Ferguson's daughter, Sarah Bailey, and son-in-law, Justin Bailey, also joined the family business. MailCo USA Inc. has provided complete mailroom services for both large and small firms and organizations throughout Northwest Arkansas since 1988. MailCo USA was the first "presort bureau" available to companies in this region, allowing them to mail at discounted rates with an increase in efficiency and speed of service. MailCo USA has closely partnered with the United States Postal Service for many years to provide quality service for area companies, churches, and individuals. Wal-Mart, PAM Transport, Bank of Fayetteville, Washington Regional Medical Center, City of Fayetteville, Fayetteville Chamber of Commerce, University of Arkansas Mailing Services, Fayetteville Public Library, Fayetteville Public Schools, Razorback Foundation and the Walton Arts Center are just a few of the several hundred customers we serve daily. MailCo has been providing daily mail processing services to the City of Fayetteville since 1990. ***Current daily customer base serving is 215 with an average monthly volume of 2.25+ million (70% 1st class, 30% presort standard).*** 13 Daily Routes include: > Fayetteville > Fort SmithNan Buren > Springdale > Bentonville > Rogers > Eureka Springs MailCo USA's success can be measured by: ➢ Our phenomenal growth and expansion over the last 20+ years. ➢ The longevity and trust of our customer base: Customer Service. ➢ The amount of monies and time we have contributed back to Northwest Arkansas and surrounding areas. MailCo USA donates $50,000 to $75,000 to local non profits via services and/or cash donations every year. > Bella Vista > University of Arkansas > Siloam Springs > On -Call MailCo USA 2012 2 Equipment Profile MailCo USA has the equipment and technology to handle any size and type of job. Onsite equipment include(s)*: • Lockheed Martin/PTI Multi -line Character Reader/Barcode Sorter which barcodes and sorts lettersize mail (Bulk or 1st Class) at speeds between 25,000 to 40,000 pieces per hour. It is equipped with a licensed US Postal Service FastForward system, which forwards mail directly to customers who have moved and filed a change of address with the USPS. This system meets all USPS address verification requirements. Our system also operates the full service intelligent mail barcode offering further postage discounts and mail tracking capabilities. We are the ONLY company in Northwest Arkansas using this sophisticated system incorporating the latest in USPS technology. • One Connect Plus Pitney Bowes Postage Digital Meter Machine. • Five DM1000 Pitney Bowes Postage Digital Meter Machines. • Two DM800 Pitney Bowes Postage Digital Meter Machines. • One Pitney Bowes 8 Series Console Inserter with 1 Dual -Accumulation Sheet Feeder and 5 Insert Stations with Scanning Capabilities. • One Pitney Bowes 7 Series Console Inserter with 1 Sheet Feeder and 4 Insert Stations with Scanning Capabilities. • Two Pitney Bowes 1863 Tabletop Folder. • One Baum Ultra -fold XLT Tabletop Folder. • Two Pitney Bowes W990 lnkjeting System with drier and color/imaging capabilities. • One Xerox 4110 High Speed Laser Printer/Scanner with document finishing capabilities. • One Xerox 4127 High Speed Laser Printer/Scanner with document finishing capabilities. • One Xerox Docucolor 260 High Speed Color Laser Printer/Scanner with document finishing capabilities. • One Sharp AR -450 High Speed Laser Printer with document finishing capabilities. • One Ricoh 1107 High Speed Laser Printer with document finishing capabilities. • One Dell Server for Document Processing. • Two Pitney Bowes SmartMailer Software for Cass Certification, presorting, postal coding, barcoding, and address standardization. • One Pitney Bowes Flat sorter is a EZ Flat with RAF (Relative Aperture Focus) Smart Match • One Hasler HT 25 Dual -Head Tabber • One Rena XPS Protab Tabber • One P-625 Samuel Strapping System • One Accufast Wafer -Seal Tabbing Machine. • One Pitney Bowes DP4OS Color Printer • Two Pitney Bowes Business Manager software system MailCo USA 2012 Support Staff 7 Barcode Operators 12 Meter Operators 13 Route Drivers covering 13 Daily Routes across NW Arkansas 2 HR/Accounting Personnel Extended Mailing Services Provided: • Presort Bureau o FastForward - Address Changes Returned via Upload o Full -Service Intelligent Mail Barcode (Mail Tracking) • Bulk Mail Services o NCOA Move Compliance o Duplicate Detection (No Charge) o List Management (No Charge) o List Services (Specialty, Routes, Demographics) • Lettershop o Statement Setup and Creation (No Charge) o Mail Merge o Fold/insert/inkjet address/label o Print invoices, statements, flyers, postcards, envelopes • See Business Services Flyer Value -Add and Professional Services: • Courier Services • Volumes and Footprint with Larger Customer Base • Print On -Demand (Threshold driven) • Marketing and Advertising — Direct Mail, etc. • Compliance Assisting Alt Areas of the Business MailCo USA concerns itself with researching every customer's extended needs to reduce mailing costs throughout their organization. We also cost allocate to the different departments daily/monthly/yearly to anticipate budgets for the upcoming year. Real -Time Transactional Accounting Accrual — Pitney Bowes Business Manager Benefits: • Manage accounts across the enterprise. • Monitor and consolidate data from multiple systems at multiple sites. • Track postal and shipping costs in real-time for an unlimited number of accounts. • Use data management tools to analyze expenditures and highlight potential cost reductions. 3 MailCo USA 2012 Customer Base: • Corporations • City and County Governments • Universities, Schools, Non -Profits • Banks and Statement Processing (Red Flag Compliance) • Hospitals/Medical Clinics and Statement Processing (HIPAA Compliance) • Marketing and Advertising • Benefits and Legal Departments • And more... Disaster Recovery Program: Wal-Mart PMDC Future of Mail Processina/MailCo USA in providing High Quality Service: • Online Bill Pay • Online Account Access and Bill Pay • Online Job/Project View • Mail Tracking through IMB 4 City of Fayetteville Bid 12-21, Mailing Services Bid Form 4.„^ n... � ©.. qll� - t ,,d4 ' e3y zr�j Item # Descri •tion Estimated Yearly Quantity UNIT PRICE TOTAL 1 Monthly Bill 327,000 x .38 $ 124,260.00 2 Shut Off Notice/Past Due 78,000 x 1$ :. a • s 3 Bank Draft 87,000 X .37 $ 3a,1 0.0 4 Final Bill 24,000 x .38 I $ • 120.00 6 Collection Letter 9,000 x .37 1 $ 3 330.00 = Section B Standard:: Monthly Services.. Item # Descri • ion Estimated Yearly Quantity UNIT PRICE' TOTAL 6 Employee Retirement & Savings Statements 2,000 X .40 1 $ 800.00 7 Arrest Warrants 6,000 x .37 1:1$ 2,220.00 8 Parking Management 6,000 x .37 11$ 2,220.00 9 Sex Offender Mailouts 3,000 x .525 l MIMI 10 Trash Sticker Mailouts (newsletter & stickers), single bulk mailing 20 000 x .259 $ 5,180.00 l>:�x+^.. }S W}A��!- r,.. 1, Sj-�',, y �'� 'Y.`Y'YYe .. ,T , G*,n'�.1-<. V... &,,,,:- it�J -0J"�U �r�i C.� 3” 5, `al. J it ��c`�o-..,a, _ h'4i�.. Y w� � fiYF' s=� { e5 '�'I 2Y.. " .L Z� +h f-[ ^t ..�..s ;'u ...,. r—�,�.��ay.�t .a. f�_....�.:.j Item # Descri • ion Estimated Yearly Quantity UNIT PRICE TOTAL 11 0-2 oz. letter (price per each) 80,000 X .424 i $ 33 920.00 12 Postcard 3,000 X .32 6 $ 960.00 13 0-2 oz. certified with return receipt letter 250 x 5.75 11:$ 1,437.50 14 Item # Courier fee - price per day Descri • tion 252 Quantity x • 0 UNIT PRICE $ 0 1 TOTAL 15 Printing Water Bills, 8.5x11 paper, top 1/3 perforated, white paper 445,325 x .02475 $ 11,021.79 16 Printing Past Due Notices, 8.5x11 paper, top 1/3 perforated, PINK paper 82,359 x .026 $ 2,141.33 Total Base Bid $ 259,235.62 All pricing shall reflect one total all inclusive cost, including postage, sorting fees, etc. as described in the bid documents. Prices shall not include printing unless stated. In the event postage costs increase, the per item price increase will only be allowed to reflect the actual postage increase. Bid form shall be completed in its entirety. Bidders shall bid on all items in order for bid to be considered. Name of Bidder: Mail en USA Toe City of Fayetteville, AR Bid 12-21, Mailing Services Page 11 of 15 By signing the bid form, bidders agree to all terms, clauses, requirements, addenda, etc. listed in this bid document: *NAME OF FIRM: MailCo USA Inc Purchase Order(s) and/or Payments shall be issued to this name *BUSINESS ADDRESS: 3186 S School Ave *CITY: Fayetteville *STATE: AR *ZIP: 72701-7935 *PHONE: 479-521-6245 *E-MAIL: kferguson@mailcousa.com FAX: 479-521-1195 *BY: (PRINTED NAME) Kathy Ferguson *AUTHORIZED SIGNATURE: *TITLE: President *DOES A CONFLICT OF INTEREST EXITS? (EXPLAIN IF YES): no *ACKNOWLEDGE ADDENDUM (List each addendum # & date): 1) EXECUTION OF BID BY SIGNATURE OF THIS DOCUMENT: Upon signing this Bid, bidder certifies and agrees that: a. He/she, as an officer of the organization, or with permission, is duly authorized to certify the information provided herein is accurate and true. b. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and all information regarding the articles being bid on. c. Unless otherwise noted by the bidder on the bid documents and explained in detail, the item(s) bid and listed shall meet or exceed all requirements presented in the bid package. d. The Bidder shall comply with all specifications and requirements for delivery, documentation and support as specified herein. e. Bidders are required to indicate by check mark or "Yes/No" on each line, of provided, of the Technical Specifications the compliance of the item bid. Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. 2) The City of Fayetteville reserves the right to award this bid all, by line item, or none. 3) The City reserves the right to award based on the best interest of the City. 4) Unsigned bids will be rejected. Items marked * on the bid form are mandatory for consideration. 5) By signing this bid form, bidder is providing debarment/suspension certification indicating that they are in compliance with the below Federal Executive Order. Certification shall be completed by signing this bid form. a. Debarment: Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Bidder's signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. c. NOTICE: City of Fayetteville, AR Bid 12-21, Mailing Services Page 12of15 i. CAUSE: Debarment by an agency pursuant to FAR 9.406-2 GPO Instructions 110.1IA, or PS Publication 41, for one or more of the following causes (a) conviction of or civil judgment for fraud violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; (b) violation of the terms of a Government contract, such as a willful failure to perform in accordance with its terms or a history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility. (See Code N- Debarment pursuant to FAR 9.406 2(b)(2) Drug Free Workplace Act of 1988.) ii. TREATMENT.' Contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the City determines that there is a compelling reason for such action. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment; unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing. 6) Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 7) Conflict of interest a. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. b. if no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. c. Bidder shall list any conflict on the bid form, as provided above. City of Fayetteville, AR Bid 12-21, Mailing Services Page 13 of 15 City of Fayetteville Bid 12-21, Mailing Services Draft Contract This contract executed this 30th day of May , 2012, between the City of Fayetteville, Arkansas, and MailCo USA Inc . In consideration of the mutual covenants contained herein, the parties agree as follows: 1. MailCo USA Inc at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 12-21 as stated inMailCo USA's bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 12-21, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay MailCo USA Inc based on their bid proposal in an amount not to exceed $ cep hid a(" Ppit arPca finents will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and MailCo USA consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 12-21 with the specifications and conditions typed thereon. B. MailCo USA Inc bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation: 4. These Contract documents constitute the entire agreement between the City of Fayetteville and MailCo USA Inc and may be modified only by a duly executed written instrument signed by the City of Fayetteville and MailCo USA Inc 5. MailCo USA Inc shall not assign its duties under the terms of this agreement. 6. MailCo USA Inc agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from MailCo USA Inc performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Mai 1 co TTSA Tn€hall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation insurance, MailCo USA Inc shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance City of Fayetteville, AR Bid 12-21, Mailing Services Page 14 of 15 8. Bodily Injury Liability General Liability $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by MailCo Mallen USA Inc USA Inc to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or MailCo USA Inc 10 days written notice. with 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS 30th DAY OF May , 2012. ATTEST: COMPANY SECRETARY 3186 S School Ave Fayetteville AR 72701-7935 BUSINESS ADDRESS Sarah Bailey CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor Attest: Sondra Smith, City Clerk City of Fayetteville, AR Bid 12-21, Mailing Services Page 15 of 15 MailCo USA Inc CONTRACTOR BY A E AND ITLE • A CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDWYYY) 10117/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is al ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holler In lieu of such endorsmnent(s). PRDOIICER Larry Bittlee Insurance Agency Inc 2786 N College Ave Ste A Fayetteville AR 72703-3314 INSURED CONTACTE. dif Nelson PHONE L.IrAB . ExN: 479-521-6505 ADD:18elanvbittle.com NUM No): 479-521-6570 INSURER(S) AFFORDING COVERAGE Mailco USA Inc 3186 S School Ave Fayetteville AR 72701-7935 COVERAGES INSURER* : State Farm Fire and Casualty Comoamr INSUIRER s : NAICC 26143 INSURER C: INSURER D : INSURER E DJSURER F: • KCVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDn7ONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rR TYPE OFINSURANCE IURIL J SUE* PM POLICY NUMBER POUGY (M YTv) (11 DDm I LINTS A GENERALUABIUTY X 11 L1DAMAGE I 94-C1-3440-0 07110/2011 07t10/2012 EACH occuRRENCE $ 1.000,000 COMMERCIAL. GENERAL u BILfrY TO RENTED PREMISES (Ea occurrence} $ 300,000 CLNM$4IADE OCCUR MED EXP (My one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE 3 2,000,000 GENI. AGGREGATE LtMrr APPLIES PER: TC1 fl 11 PRODUCTS - COMP/OP AG13 $ 2,000,000 POLICY LOC $ AUTOMOBILE IJABILJTY COCO INED SINGLE LIMIT $ ANY AUTO ALL OWNED — SCHEDULED BODILY INJURY {Per person) $ AUTOS AUTOS BODILY INJURY (Pet acddet') $ HIRED AUTOS AN sUTO {O PROPERTY accident) GE $ $ A X UIN RELIa Has _ OCCUR RR I1 94 -BB -L041-5 12/03/2011 1210312012 EACH OCCURRENCE $ 1,000,000 EXCESS UAB AGGREGATE $ 1,000,000 DED RETENTION$ 10,000 $ A VYORKERS COMPENSATION AND EMPLOYERS' LIABIIJTY YIN ANY 94 -BE -V137-11 0910512011 09/06/2012 WC STATU• o7it X 1 TORY Mara- ER PROPRIETOR1PART7NERlEXECUTIVE OFTicENEI.ER EXCLUDED? N N 1 A E.L. EACH ACCIDENT $ (Mandatoryra IN) Ives. demos under EL DISEASE - EATO>APLOYEE $ DESCRIPTION OF OPPRATIONS below EL DISEASE -POLICY UNIT $ J II 1 DESCRH TION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more space Is required) mail processing center CFITTICIr_ATF Lift. nsD — - -- --- - ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988-20 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15.2010 2/2/2012 12:25:30 PM MaiIC® USA 3186 South School Ave Fayetteville, AR 72701-7935 Phone: 479 -521 -MAIL (6245) Fax: 479-521-1195 \,)/aivoit) Worksheet summary for 1/1/2012 through 1/31/2012 67 - City of Fayetteville Description Pieces Amount metered 50,208 $21,556.98 service charge $2,008.32 foldlinsertl 14,418 $144.18 fold/insert2 30,049 $600.98 fold/insert3 444 $13.32 fold/insert4 58 $2.32 sex offender 0 $55.92 ups 5 $100.55 Worksheet summary for 1/1/2012 through 1/31/2012 Page 1 of 1