HomeMy WebLinkAboutAgenda Report - November 16, 2022 C-12CITY OF
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CALIFORNIA
AGENDA ITEM Ctw12
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Extend a One -Year Professional
Service Agreement with Pre -Sort Center of Stockton, Inc., For Print, Fold, Insert, Postage
and Mail Services in the amount of $375,000
MEETING DATE: November 16, 2022
PREPARED BY: Revenue Manager
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to extend a one-year
professional service agreement with Pre -Sort Center of Stockton, Inc., for
print, fold, insert, postage, and mail services.
BACKGROUND INFORMATION: On September 13, 2016, after a Request for Proposal process, the City
Council approved Resolution 2016-163 authorizing an agreement with
Pre -Sort Center of Stockton. The contract consisted of print, fold, insert,
postage, and mail services for a term of five years with the option to extend the agreement for three additional
one-year periods. The first one-year extension expired on September 30, 2022.
The City processes approximately 500,000 statements annually for utility bills, delinquent notices, accounts
receivable invoices, and miscellaneous informational flyers. Due to the volume of statements and equipment
required, the City does not have the capacity to provide this service internally. The annual estimated cost for
printing, paper, folding, envelopes, postage, and mail handling is $300,000 per year.
Changing paper stock from 201b to 241b to assist with processing mail payments through mail machines, Pre -
Sort Center of Stockton, Inc. increased the pricing of paper by $.055 bringing the total amount for paper stock
to $0.08 per sheet for the one-year extension. Based on the increase, the new cost of processing the 500,000
statements and miscellaneous items will cost approximately $375,000 per year.
It is recommended that the City Council adopt findings and amend and extend the current agreement with Pre -
Sort Center of Stockton, Inc. for an additional one year.
FISCAL IMPACT: The new estimated annual cost of the agreement for printing, paper,
envelopes and mail handling is approximately $375,000 per year. The
estimate is based on current volumes of processing. Actual costs will be
based primarily on invoicing and miscellaneous items.
FUNDING AVAILABLE: Fiscal Year 2022/23 account number 10095000.72201
APPROVED: mi r (Nov 2, 202215:44 PDT)
Stephen Schwabauer, City Manager
Andrew Keys
Deputy City Manager/Internal Services Director
TV -1--a D5W/W-
Tarra Sumner (Nov 2, 202214:27 PDT)
Tarra Sumner
Revenue Manager
AMENDMENT NO. 3
PRE-SORT CENTER OF STOCKTON, INC.
Professional Services Agreement
THIS AMENDMENT NO, 3 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this day of September, 2022, by and between the CITY OF LODI, a municipal
corporatlon, hereinafter called "CITY", and PRE-SORT CENTER OF STOCKTON, INC., a
California Corporation, hereinafter called "CONTRACTOR".
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY, entered into a Professional Services
Agreement on September 13, 2016, Amendment No. 1 on November 17, 2016 and
Amendment No. 2 on November 17, 2021 (collectively the "Agreement"), as set forth in
Exhibit 1; attached hereto and made a part hereof; and
2. WHEREAS, CITY, at its option, has advised CONTRACTOR of its intent to extend the
terms of the Agreement an additional one (1) year and increase the unit prices and total
fees by $375,000, as set forth in Exhibit 2, attached hereto and made part of; and
3. WHEREAS, CONTRACTOR agrees to the amendments set forth above.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth in
Paragraph 2 above. All other terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment
No. 3 on the date and year first above written,
CITY OF LODI. a municipal corporation
STEVE SCHWABAUER
City Manager
Attest:
OLIVIA NASHED
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
jdm
PRE-SORT CENTER OF STOCKTON, INC.
MICHAEL GLITTERRES
Executive Vice President
AMENDMENT NO. 3
PRE-SORT CENTER OF STOCKTON, INC.
Professional Services Agreement
THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this day of September, 2022, by and between the CITY OF LODI, a municipal
corporation, hereinafter called "CITY", and PRE-SORT CENTER OF STOCKTON, INC., a
California Corporation, hereinafter called "CONTRACTOR".
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY, entered into a Professional Services
Agreement on September 13, 2016, Amendment No. 1 on November 17, 2016 and
Amendment No. 2 on November 17, 2021 (collectively the "Agreement"), as set forth in
Exhibit 1; attached hereto and made a part hereof; and
2. WHEREAS, �ITY ,pt its option, has advised CONTRACTOR of its intent to extend the
terms of the.lgre"nt an additional one (1) year and increase the unit prices and total
fees by $37,M10, as set forth in Exhibit 2, attached hereto and made part of; and
3. WHEREAS, CONTRACTOR agrees to the amendments set forth above.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth in
Paragraph 2 above. All other terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment
No. 3 on the date and year first above written.
CITY OF LODI, a municipal corporation PRE-SORT CENTER OF STOCKTON, INC.
STEVE SCHWABAUER
City Manager
Attest:
OLIVIA NASHED
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
MICHAEL GUTTERRES
Executive Vice President
From: U .tttt'aS
To: 11tn-er
s+bjed: Re: Edemlon to Contract:
Date: Monday, OctobeO, 2022 S:11i25 PM
hIello Tarra,
Sorry it has taken me so long to get back to you. but I % as working on getfing the best pricing 1 could,
Here is the updated quote to extent[ our contract with vcxii;
Print Statement, on 8.5 z 1 l , 24# paper stock with micro per — $0,075
Print delinquent notice, on 8.5 x. 11, 24# tinted colored paper with micro perf=$0,08
#10 Double Window Envelope = $0:054
Fold, insert bill and return envelope into outgoing envelope = $0.0525
Thank you For your patience and continued business. If I can be of further assistance, please do not
hesitate to contact role.
Michael
From: Tarra Sumner
Sett: Tuesday, September 27,2022 10,25 AM
Subject: Extension to Contract
Importance: High
Hello Angie,
I hope your day is going well. Can we get an updated quote to extend our contract with your
If I can get it as soon as possible, that would be awesome. Also, could you add to the quote
using 241b paper for our utility invoices instead of the 20lb?
Thank. you,
Tarra Sumner
*� IL
w
0 Z Revenue Manager
CALIFURAI l.
Post Office Box 3006, Lodi CA 95241 -1 91 0
(209) 269-4648 Direct 1 (209) 333-6795 Fax
Lsumner lodf aov
AMENDMENT NO. 2
PRE-SORT CENTER OF STOCKTON, INC.
Professional Services Agreement
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this _L -L day of 2021, by and between the CITY OF LODI, a municipal
corporation, hereinafter called "CITY", and PRE-SORT CENTER OF STOCKTON, INC., a
California Corporation, hereinafter called "CONTRACTOR".
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY, entered into a Professional Services
Agreement on September 13, 2016 and Amendment No. 1 on November 17, 2016
(collectively the "Agreement"), as set forth in Exhibit 1; attached hereto and made a part
hereof; and
2. WHEREAS, CITY at its option, CITY has advised CONTRACTOR of its intent to extend
the terms of the Agreement an additional one (1) year and increase the unit prices and
total fees by $225,000, as set forth in Exhibit 2, attached hereto and made part of; and
3. WHEREAS, CONTRACTOR agrees to the amendment set forth above.
4. COUNTERPARTS AND ELECTRONIC SIGNATURES: This Agreement and other
documents to be delivered pursuant to this Agreement may be executed in one or more
counterparts, each of which will be deemed to be an original copy and all of which, when
taken together, will be deemed to constitute one and the same agreement or document,
and will be effective when counterparts have been signed by each of the partles and
delivered to the other parties. Each party agrees that the electronic signatures, whether
digital or encrypted, of the parties included in this Agreement are intended to authenticate
this writing and to have the same force and effect as manual signatures. Delivery of a copy
of this Agreement or any other document contemplated hereby, bearing an original manual
or electronic signature by facslmile transmission (including a facsimile delivered via the
Internet), by electronic mail in "portable document format" (".pdf') or similar format intended
to preserve the original graphic and pictorial appearance of a document, or through the use
of electronic signature software will have the same effect as physical delivery of the paper
document bearing an original signature.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above; all
other terms and conditions or the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment
No. 2 on the date and year first above written.
CITY OF LODI, a municipal corporation
L LIM,io�±
Attest;
IN''f FR I1SM}P
: ity Clerk
Approved as to Form:
w
r'
D. MAGOICH
City Attorney
PRE-SORT CENTER OF STOCKTON, INC.
MICHAEL GUTTERRES
Executive Vice President
EXHIBIT 1
AMENDMENT NO. 1
PRE-SORT CENTER OF STOCKTON, INC.
PROFESSIONAL SERVICES AGREEMENT
THIS AM�NDMENT NO. 1 to PROFESSIONAL SERVICES AGREEMENT, is made and
entered this l'1 day of November, 2016, by and between the CITY OF LODI, a municipal
corporation (hereinafter "CITY") and PRE-SORT CENTER OF STOCKTON, INC. (hereinafter
"CONTRACTOR").
WITNESSETH:
1, WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement
(Agreement) on September 13, 2016; arid
2, WHEREAS, CITY requested to amend said Agreement to include daily mall pick-up and
mailing services; and
3. WHEREAS, the Scope of Services (Exhibit A) and Fee Proposal (Exhibit B) of
Agreement are amended to include the additional services and fees described In this
amendment; and
4. WHEREAS, CONTRACTOR agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Agreement as described in the
attached Scope of Services and Fee Proposal. All other terms and conditions of the Agreement
remain unchanged,
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1
on November 1 2016.
CITY OF LODI, a municipal corporation
I[i�ir si. A��
Attest:
J IFER , FERRAiOI.O
City Clerk
Ap roved as to Form:
ANICE 0. MAGDICHr
City Attorney In
PRE-SORT CENTER OF STOCKTON, INC,
MICHAEL GUTfTERRES
Executive Vice President
EXHIBIT A
ADDITIONAL SERVICES
CONTRACTOR will process CITY'S First Class United States Mail and special mailing projects during
the term of this agreement.
City will;
• Have mall ready at a location previously agreed upon with Pre -Sort by the time each day
also agreed upon;
Have with the mail a driver's "pick -up -slip" which is properly completed including item and
tray count;
Properly seal each item;
• Place each Item of mail in an approved tray In an upright position with all letter facing the
same direction;
Correctly address and zip -code each item;
Use only pre -approved fonts and advise Pre -Sort prior to making any font changes and
obtain Pre -Sort's consent to such changes, such consent not unreasonably withheld;
• Provide Pre -Sort with prior notice of any special mailings,
Pre -Sort will)
Pick up city mail at the agreed upon location and during normal business hours;
Affix the correct pre-sorted First Class postage to each Item;
Postmark each piece of mail with the date of pick-up, or next business day if not possible to
postmark on the date of pick-up;
• Deliver mail to the U. S. Postal facility on the same day as pick-up, or next business day If not
possible to deliver on the same day as pick-up.
EXHIBIT B
ADDITIONAL CHARGES
City will pay any charges assessed by the U.S. Postal Service arising from Improper postage, dating, zip
code or other Information provided by City. Such charges will be Invoiced and payable along with
CONTRACTOR's regular invoice,
POSTAGE RATE — Using New Postage Rates Effective April 10, 2016
PresorterlrLr.sLClass Letter _ail
Pre -Sort will meter one and two ounce mail at the Presorted First Class rate, which as of April 10, 2016
Is:
$0.419 — for letters up to 1 oz.
$0.419 — for letters up to 2 oz,
Should the U, S. Postal Service change the postage rates, this rate will change,
One or two -ounce mail that does not barcode on ourrnachlne, Pre -Sort will add the additional postage
to bring that piece up to the full rate. Customer will be charged for this postage with no service fee,
All mall to be presorted must be wlthln dimensions given by the USPS of up to 11-1/2" in length and 6-
1/8" In width and not weighing more than two (2) ounces,
Mail not meeting these specifications will be metered at the single piece First -Class rate,
,Presorted First Class Flats
All flat mail qualifying forthe automation rate will receive a five (5) cent discount with no fee to affix
postage. All fiat mall qualifying for the automation rate may be mailed the next business day. All flat
mail not qualifying for the automation discount will be metered at a cost of $0.25 each,
Service Fees
Fee to seal, affix postage, and/or barcode sort:
$0,059 for letter size mail (6-1/8 x 11-1/2)
0 $0.25 for flat size mall not qualifying for a discount
Courier fee: $1.00 per day to pickup Customer's mall at location in Lodi
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT Is entered into on Sepi,13, 20R. by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and PRE-SORT CENTER
OF STOCKTON, INC. (hereinafter "CONTRACTOR").
Section 1.2 Pt)r ose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for print, fold, insert
and mall services (hereinafter "Project") as set forth In the Scope of Services attached
here as Exhibit A, CONTRACTOR acknowledges that It is qualified to provide such
services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scogo bt 5nrvices
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A,
-Section 2.2 Time For Commencement +nd Compiption of Wnrlt
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth In Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
1
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Mcetitiq
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services,
Section 2,4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing, CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY Is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein, CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be Imposed against
CITY under this Agreement.
Section 1.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement,
Section 2.6 Term
The term of this Agreement commences on September 26, 2016 and terminates
upon the completion of the Scope of Services or on September 25, 2021, whichever
occurs first.
Section 2.7 Opjt onto Extend Term of_Agreement
At its option, City may extend the terms of this Agreement for an additional three
(3) one (1) -year extensions; provided, City gives Contractor no less than thirty (30) days
2
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect,
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed eight (8) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference,
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY
Section 3,2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
Individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Ru�JitinSl
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or Its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or Its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of Interviewing employees and
3
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUSPROVISIONS
Section 4.1 Nondiscrirnination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Com LlAl ce
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (AOA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification anr3 Res n�isihilit for DarragQ
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense Is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, Its elected and appointed officials, directors, officers,
employees and volunteers CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this Indemnification,
CONTRACTOR shall pay all of the costs related thereto, Including without limitation
reasonable attorney fees and costs. The defense and Indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
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Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liablllty arising under this
Agreement.
Section 4.5 Res onslblllt of C! �Y
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Re uirements for CQNTf�ACTDR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and Incorporated by this
reference.
Section 4,7 Successors and Rssns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest In this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY,
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the some is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O, Box 3006
Lodi, CA 95241-1910
Attn: Deputy City Manager
To CONTRACTOR: Pre -Sort Center of Stockton, Inc.
3906 Coronado Avenue
Stockton, CA 95204-2314
Attn: Michael Gutterres
Section 4.9 C90Reratl0n of CITY
CITY shall cooperate fully and In a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services
5
Section 4,10 CONTRACTOR is Not an Ernpia ee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY, CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase,
Upon termination, CONTRACTOR shall be entitled to payment as set forth In the
attached Exhibit B to the extent that (lie work has been performed, Upon termination,
CONTRACTOR shall Immediately suspend all work on the Project and deliver any
documents or work In progress to CITY_ However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered Into by CONTRACTOR with third parties in reliance upon this Agreement,
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted In writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 !gip lirabto ITawv,lurisdirtlon, Spypral7±!_ and Attorney`s Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found (o conflict with
applicable laws, such part shall be Inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
6
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3,01,020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 416 Int�ry and Mo.difIcation
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any Inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severabiii y
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 [7 �r�nersfi�, p f r�nrainicnt�
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
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Section 4.20 A thorit
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Fun[fina Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST; CITY OF LODI, a municipal corporation
NIFrF FERRAIOLO�^ STEPHEN SCHWRBA
+ty Clerk UER
City Manager
APPROVED AS TO FORM: PRE-SORT CENTER OF STOCKTON, INC,
JANICE D. MAGDICH, City Attorney
By: c
J N . AKASA_WA__1__' -BY:
JJAN� ./ Name: MICHAEL GUTTERRES
Deputy City Attorney I,C Title: Executive Vice President
Attachments.-
Exhibit
ttachments:Exhibit A —Scope of Services
Exhibit B — Fee proposal
Exhibit C — Insurance Raqulramgnts
Exhibit 0 — Federal Transit Funding Conditions (if applicable)
Funding Source; 10095000 and 10020203
(Buslneas Unit & Account No.)
Doc ID:
CA: Rev.01.2013
a
EXHIBIT A
SCOPE OF SERVICES
The City is seeking a provider with the ability to print, fold, insert and mail all utility bills and
notices for the City. The selected vendor will also be required to occasionally provide
design and print services for billing inserts. While the daily volume will fluctuate based upon
the number of accounts in each billing cycle and number of accounts in the collection
process on any given day, the average volumes are expected to be about 2,500 pages per
day for regular and final bills, 160 10 -day notices per day and 100 48-hour notices per day.
Bills are to be printed in black and white (no color) on 8 '/ by 11 inch white paper with a
bottom 1/3 page perforation remittance advice tear stub. Notices are to be printed on
Yellow paper (10 -day notice) or pink paper (48-hour notice). Notices are printed on paper
with a bottom 1/3 page perforation remittance advice tear stub. Bills are to be mailed in a
#10 single window (left side) envelope along with a #9 single window (left side) return
envelope, Notices are to be mailed in a #10 single window (left side) envelope or #10
double window (left side) envelope along with a #9 window (left side) return envelope,
Vendor will be required to obtain and warehouse all paper products.
City will provide 4 files each business day no later than NOON: a regular bill file, a final bill
file, a 10 -day notice file and a 48-hour notice file, Vendor will need to provide a secure
method/site for City to upload these files. Each file will consist of PDF images of all bills or
notices that are to be printed. Vendor will need to parse the images to print individual
bills/notices. The City logo appears on the first page of each bill/notice and could be used
as the key to determine when each new bill/notice starts in the file. Multiple page bills will
only have the City logo on the first page. Pile size is not expected to exceed 200M13.
Most utility bills will be 2 to 3 pages and are expected to be mailed in a #10 window
envelope, Some bills may be up to 25 pages and are expected to be mailed in an
appropriately sized envelope and metered first-class separately. These bills only require a
single return envelope,
Notices are a single page and are to be mailed in a #10 window envelope.
Vendor will be required to print, fold, insert and mail all bills/notices on day of receipt.
Delivery of mail to the post office is the responsibility of the vendor. Vendor must provide
daily confirmation of delivery and City should be able to verify proof of delivery to USPS on
an as -needed basis.
Postage costs will be passed directly to the City without any "mark-up" based upon current
postal rates. Vendor is expected to sort and package mail such that the City receives the
lowest possible postage rate.
Vendor will be required to meet USPS postal coding and sorting requirements, including
return address, MOVEcomply, and mail forwarding/address verification,
Vendor must be able to provide invoices to the City that separately detail bill printing costs,
notice printing costs, paper supply costs, postage costs, and insert design and printing
services,
Vendor's primary site for operations is Stockton, CA. Vendor must be able to perform
services from an alternate site in the event of a disaster at the primary site to prevent any
disruption of services to the City, Vendor will notify City immediately in the event that an
alternate site must be used. Vendor's alternate site is In Fresno, CA.
Vendor is responsible for the security of the City's customer data and agrees not to
compromise, sell or share this data. Customer information will be treated as confidential
and will not be released to any outside party without City approval. City retains all rights to
the data,
EXHIBIT B- FEE PROPOSAL
Complete the (able below. Vendor Name: i'tc-Soni f.cnter of Stnck.(on. Inc.
Initial and On nine Professional Services Fees
One -Time implementation Fee $500.00 One -Time Pec
Includes all phases of the project prior to the production
1'hasr: initial rograntming, testing, and irttpletnentatinn _
Professional Services Charges $125.00 Per hour
For
4H_liuur Notice Paper Stock Cost
B.SxI 1, 20 pound pink parer stock with
I—
$p,Q3$85-milt
Per Sheet
micro -perforation.
colored paper
Tinted colored paper is white paper that is tinted instead of
$0.02881 -tinted
Per Sheet
dyed at the paper mill. Samples are attached,
colored paper
design o#'inserts
$0,01925
Per Envelope
Cost of ]Materials -
$0.01732
Per Envelope
Statement Paper Stock Cost
",
$0.01.483
Per Sheet
-5X 11 20 pound er stock with a micro- erforation.
10 -Day Notice Paper Stock Cost
$0,03885 - mill
Per Sheet
8.5x 11, 20 pound yellow paper stock with micro -perforation.
colored paper
Tinted colored paper is white paper that is tinted instead of
$0.02881 - tinted
Per Sheet
dyed at the paper mill. Samples are attached,
colored paper
4H_liuur Notice Paper Stock Cost
B.SxI 1, 20 pound pink parer stock with
I—
$p,Q3$85-milt
Per Sheet
micro -perforation.
colored paper
Tinted colored paper is white paper that is tinted instead of
$0.02881 -tinted
Per Sheet
dyed at the paper mill. Samples are attached,
colored paper
Outgoing Envelope Cost
or double w left side
_windo#10 envelope,
$0,01925
Per Envelope
Return Envelope Cost
Sii� Window (left side)
$0.01732
Per Envelope
_
Flat Envelope CostPer
Applies only to multi -page bills that do not fit in the standard
Envelope
single window #10 cnvclope
Ser•vie 17—- —
-
-
c ccs -- --• _
I Page Bill/Notice Service Fee $0.037 f Per 1 Page Bill
Includes file transmission, data processing, single sided bill
printing, mail preparation (folding, inserting a 1 -page
bill/notice and the return envelope into an outgoing
envotope), and delivery to the USPS.
Additional Bill Pages Service Fee � $0,012 PerAdditinnal
Prc-page cost to print and insert additional pages if the bill Page
contains more than ]_page.
Insert Fee$0.005
Charge for inserting client -provided insert, 1/3 sheet single
or double sided
For example: informational flyer
$0.08
Per Additional
Insert if
machineable
Per Additional
Insert if non-
machineable
_
Move Update Service Fees $0.445 f
Per Reported
NGC�1A ,4 fi• er+ ea. lV OVEcornl
Cliany�c
EXHIBIT C
lnaurarice RequfrBments far Contractor The Contractor shall lake out and maintain during Ina life of this
Agm$rnenl, insurance coverage as listed below. These insurance policies shnli pratarl Conlrsr-lor and any
subcomrarlor performing work covered by this Agreement from ORIms far damages for personal Injury, Inciuding
accidental death, as wall as from ctalms for property damages, which may Brise from C:ontraator's operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indireclly employed by is] the rof them, and the amount of such Insurance Shall be as follow$:
MPR UqN!VE CiENFRAL LIAOILITY
$6,000,040 Each Occurrence
$7,000,000 General Aggregate
2• ,�� SlVr A1���1 ¢;t,
$1,000,000 Combined SingIs Limit L(ABILITY
Such Insurance shall cover liability arising out of any vehicle (Including, owned, hired and non -hired vehicles)
operated in performing any and all services purauent to this Agreement. Coverage shall be written on ISO form
CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form.
3. ERRORS A NO 0 M IS-S10NIS 1 PPI ERS 7 HN LOGY
$1,000,000 Per CInIm
Covering all acts, errors, omissions, negligence, network security and privacy risks, Including but not limited to
unauthorized access, fallure, of aecurlty, breach of privacy perils, wrongful disclosure, collection, or other
negligence In the handling of confidential information, privacy perils, and Including coverage for reisled
regulatory defense and penalties; dale breach expenses, and payable whether Incurred by City of Lodi or
Contractor. Including but not limited to consumer notification, whether or not required by law, Computer
forensic investigations, public relations and crisis management firm fees, credll file or Identity monitoring or
remedlalIon services In the performance of services for, or on behalf of, 01 l of Lodi. Such insurance shall be
maintained in force at all limes during the term of the agreement and provide an Extended Reponing Period
(ERP) for a paned of one year thereafter, far services completed during Cha term of tha agreement.
All limits are to he designated alrlctly for the City of Lodi. Its elected and appointed boards, commiselona, officers,
agents, employees, and volunteers. All deduclibtes or self-inaured retentions (SIR) must be dlscfased to Cilyrs Risk
Manager for approval and shad not reduce the limils of liablifty set forth hereinabove. Insurance policies containing
airy deducllble or SIR provision ahall provide, a be endo read to provide, that the deduct Ib Is a SIR may be aalisfied
by either the Named insured(s) or the City of Lodi,
It Is required that any available insurance proceeds broader than or in excass of the specified minimum Insurance
coverage requirements and/or limits set forth above, shall be available to Clly as an additional insured. Furthermore,
the requirements for coverage and limits shall be (t) the minlmum coverage and limits specified In these insurance
requirements; or (if) the broader coverage and maximum Ilmlls of coverage of any Insurance policy or proceeds
available to the Contractor; whlrhaver Ix orvaler
Contractor agrees and stipulates that any Insurance coverage provided to the City of Lodi shall provide for a claims
period following larmination or coverage which is at least consistent with the claima period or statutes of limitations
found In the California Ton Claims Act (Cat[to mla Government Coda Sect inn 810 at seq.),
A copy of the ceril6cate(s) of Insurance with the following endorsements shall be fumiehed to the City:
(a) Addition I Named Insured Endorse en
Pursuant to a separate endorsement (ISO form CG 2010 (11186) or a later version, that provides liabillty
coverage at (east as broad as this form) such Insurance as is afforded by this policy shall also apply to Iha City
of Lodi, Cls elected and appointed boards, commissions, officers, agents, employees, and volunteers as
additional named insureds. An additional named insured endorsement is also required for Auto Liability,
(b) PrLma and Non-Conlnb to Inswa g Endors meat
Additional insurance coverage under the Contractor's policy shall be "primary and non-contribulory" and will
not seek contribution from City's Insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 0413.
NOTE: (1) The street address of the 91JY OP x_001 must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, California, 05240; (2) The Insurance certificate must state, on Its face or as an
endorsement, a description of the pMlaet Thal It Is Insuring,
Page T j of 2 pages I Risk; rev,03.2010
111surance-Rerrulrementa far Con ractDj (continued)
(c) +Malver pt 5uhrogahon
Include a waiver of subrogation against the City of Lodi, Its elected and appointed boards, commissions,
officers, agents, employees, and volunteers. A waiver Is required for General Liability and Auto Liab[Illy,
(d) I.imils of %egage
Rie lir rill of Insurance coverage required may be satisfied by a combination or primary and umbrella or
excess Insurance. Any umbrella 6i excess insurance of Contraclor shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the henefll of the City
before the City's awn insurance or self-insurance shall be called upon to protect the City as a named Insured.
(e) 5everabili12-pf l LeMst Glajse
The term "Insured" fs used severalty and not collectively, but the Inclusion herein of more than one Insured
shall not operate to Increase the limit of the company's liability.
(f) Not0e of Ca!Mel(AIion or Chan�c a in Cuvr,rage Enda�r emp_rll
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancel€alion or reduction in coverage to the Risk Manager. City of Lodi, 221 west Pine SI„ Ladl,
CA 95240,
(g) ConlInully of C avera m
All policies shall be In effect on or before the first day of the Term of Ihis Agreement At least Ihirly (30) days
prior to the expiration of each insurance policy, Contractor shall fvrnish a cerlifrcate(s) showing that a new or
extended policy has been obtained which meals the minimum requirements of this Agreement. Contractor
I provide proof of continuing Insurance on at least an annual basis during the Term. if Contractor's
Insurance lapses or is discontinued for any reason, Contractor shall Immediately notify the City and
Immediately obtain replacement Insurance.
(h) FprhlreI_o. Cprrl &
If Contractor fails or refuses to obtain and maintain the required insurance, or fails Io provide proof of
coverage, the City may obtain the insurance, Contractor shall reimburse the City for premiums paid, with
interesl on the premium paid by the City at thin msxlmum allowable legal rate then In effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment slating the amaunt
paid, the names) al the Insurer(s), and rale of interest. Contrattor shall pay such reimbursement and Interest
on the first (1' ) day of the month following the City$ notice, NolwitHslanthng any other provision of this
Agreement, If Contractor fails or refuses to obtain or maintain Insurance as required by this agreement, or falls
to provide proof of Insurance, the City may terminate this Agreement upon such breach, Upon such
lerminalion, Contraclor shall Immediately cease use of the Site or facililles and commence and diligently
pursue the removal of any and Ertl of its personal properly from the site or facitillas.
(I) av-41.ifred Instrrerls)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the Stale of California which are rated at least "A-, VI' by the AM Best Ratings Guide, and which are
acceptable to the City, Non -admitted surplus lines carriers may he accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI Ilse) and otrterwlse meet Glly requirements.
NOTE., The City reserves the right to oblaln a full cortifled copy of any Insurance policy or endorsements
required. Failure to exercise Ilrit3 right shall not constitute a waiver of the City's right to exercise after rho
effective date.
Page 2 1 of 2 pages Risk: rev.03.2016
RESOLUTION NO. 2022-277
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXTEND A ONE-YEAR PROFESSIONAL SERVICES
AGREEMENT WITH PRE-SORT CENTER OF STOCKTON, INC., OF
STOCKTON, FOR PRINT, FOLD, INSERT, POSTAGE, AND MAIL SERVICES
WHEREAS, the City Council approved Resolution No. 2016-163 on September 13, 2016,
authorizing an agreement with Pre -Sort of Stockton, Inc., for print, fold, insert, postage, and mail
services for a term of five years with the option to extend the agreement for three additional one-
year periods; and
WHEREAS, the first one-year extension expired September 30, 2022; and
WHEREAS, the City processes approximately 500,000 statements annually for utility bills,
delinquent notices, accounts receivable invoices, and miscellaneous informational flyers. Due to
the volume of statements and equipment required, the City does not have the capacity to provide
this service internally; and
WHEREAS, Pre -Sort Center of Stockton has increased the pricing of paper by $0.055,
increasing the annual estimated cost for printing, paper, folding, envelopes, postage, and mail
handling to $375,000; and
WHEREAS, staff recommends that the City Council extend the current agreement with
Pre -Sort Center of Stockton, Inc., for the second one-year extension.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute the second one-year extension of the Professional Services
Agreement with Pre -Sort Center of Stockton, Inc., of Stockton, California, for print, fold, insert,
postage, and mail services in the amount of $375,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation or
term, and to make clerical corrections as necessary.
Dated: November 16, 2022
I hereby certify that Resolution No. 2022-277 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held November 16, 2022, by the following vote:
AYES:
COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES:
COUNCIL MEMBERS — None
ABSENT:
COUNCIL MEMBERS — None
ABSTAIN:
COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-277