Contract 2020-046A#2020-46-A
AGREEMENT NO. &W —'A FOR
UTILITY BILL MAILING AND PRINTING SERVICES
THIS AGREEMENT, is made and entered into this Ll�— day of JU 14
2020, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and NORTHEAST II, INC. d/b/a TC
DELIVERS, whose address is: 8879 Boggy Creek Rd., Orlando, FL 32824, (hereinafter
referred to as "CONTRACTOR").
WHEREAS, the City of Clermont issue RFB 20-020 titled Utility Bill Mailing and Printing
Services;
WHEREAS, CONTRACTOR submitted its response dated April 9, 2020 to RFB 20-020;
WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the
terms and conditions of RFB 20-020 and CONTRACTOR's response thereto;
WTTNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall provide utility bill design, printing and mailing services as
described in CITY's RFB 20-020 and CONTRACTOR's April 9, 2020 response thereto,
which are expressly incorporated herein and made a part of the Agreement Documents
hereto and shall do everything required by this Agreement and the Agreement Documents.
Provided, however, that nothing herein shall require CITY to purchase or acquire any items
or services from CONTRACTOR.
ARTICLE II — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement Documents and the Unit Price Schedule an amount in accordance with
the compensation schedule set forth in Exhibit "A", attached hereto and incorporated
herein.
ARTICLE III — TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect for a period of three (3) years thereafter, unless terminated or
renewed as provided for herein.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement: a) without cause
and for CITY's convenience upon thirty (30) days written notice to
CONTRACTOR; b) if CONTRACTOR is adjudged to be bankrupt; c) if
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon the performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual Agreement of the parties, this Agreement may be renewed for two
(2) additional one (1) year terms. Sixty (60) days prior to completion of each
extended term of this Agreement, CONTRACTOR may request and the City
may consider an adjustment to price based on changes in the Producer Price
Index (PPI).
ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK
CITY shall authorize services to be provided hereunder by issuing a purchase order or
notice to proceed to CONTRACTOR.
ARTICLE V — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery of products to CITY as set forth in the applicable purchase order. CITY shall
make payment to the CONTRACTOR for all accepted deliveries and undisputed products
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
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agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for all its
employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's
Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance
shall comply with the Florida Worker's Compensation Law. In case any class of employees
engaged in hazardous work under this Agreement at the site of the Project is not protected
under the Worker's Compensation statute, the CONTRACTOR shall provide adequate
insurance, satisfactory to the CITY, for the protection of employees not otherwise
protected.
2. CONTRACTOR's Commercial General Liability Insurance - The CONTRACTOR
shall take out and maintain during the life of this Agreement, Commercial General Liability
and Business Automobile Liability Insurance as shall protect it from claims for damage for
personal injury, including accidental death, as well as claims for property damages which
may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as
follows:
(a) CONTRACTOR's Commercial General Liability, $1,000,000 Each,
($2,000,000 aggregate). Liability Coverages, Bodily Injury
Occurrence, & Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury &
Property Damage Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be
amended to provide coverage on an occurrence basis.
3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall
indemnify and hold harmless the CITY and its employees from and
against all claims, damages, losses and expenses, including but not
limited to reasonable attorney's fees, arising out of or resulting from its
performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than the Work
itself) , and (2) is caused in whole or in part by any negligent act or
omission of the CONTRACTOR, any subcontractor, anyone directly or
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indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in
part by a party indemnified hereunder. Such obligation shall not be
construed to negate, abridge, or otherwise reduce any other right to
obligation of indemnity which would otherwise exist as to any party or
person described in this Article.; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Northeast II, Inc. d/b/a TC Delivers
8879 Boggy Creek Road
Orlando, FL 32824
Attn: Jamie Freeman, Vice President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX — MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
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sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
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not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order / Notice To Proceed
3. All documents contained in City of Clermont RFB 20-020 and any amendments
thereto.
5. CONTRACTOR's April 9, 2020 response to RFB 20-020.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this,�4 day of U 2020.
City of Clermont
Howe, City Clerk
Northeast II, Inc. d/b/a TC Delivers
By:
(Sign e)
(Name & Title Printed or Typed)
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EXHIBIT A
SECTION - C
PRICE SCHEDULE
NOTE: The quantities shown in the Price Schedule are estimates only. They may vary significantly from
the actual quantities ordered by the City. Payment shall be for the units ordered, placed, and accepted by
the City. By signing this form, the respondent fully acknowledges that there will be no additional
compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the
number of items authorized, ordered, placed, and accepted by the City.
eDescription
'mu Unit
Processing, printing, collating, folding,
inserting, preparation and delivery of regular
1 bills based on 4 billing cycle per month 2,000/ E
(ranging from 3,000 to 7,000 bills each cycle Each $0.07703 $1,540.6Q
per month).
2 Second notice letter to customers per month 4,000/ $0.05548 $221.92
(ranging from 500 to 3,000 bills each cycle). Each
Cost of printing one additional insert per
3 month with less than 48-hour notice (ranging 20,000/ $.0342 $684.00
from 3,000 to 7,000 each cycle) (BM or Each
color).
4 Postage to be billed at cost per month. 24,a000
at At Cost At Cost
' $2,446.52
RFB No: 20-020
Page 13 of 31
SECTION — C
PRICE SCHEDULE
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this
solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies
that it can and will provide and make available, at a minimum, the items set forth in this solicitation.
Company Name (print): TC Delivers
Street address: 8879 Boggy Creek Rd. Orlando, FL 32824
Mailing Address (if different):
Telephone: (407) 855-8262 Fax: (407) 855-4457
Email: jamie.freeman@tcdelivers.com Payment Terms: 100 % days, net30
FEIN: 23 _ 2096759 Professional. License No.: 3100-1103876
Signature: Date: 4/15/20
Print Name: Jami reem Title: Vice President
Does the respondent accept payment using the City's MASTERCARD? ❑ Yes ® No
END OF SECTION — C
RFB No: 20-020
Page 14 of 31
SECTION — B
STATEMENT OF WORK
The City of Clermont is seeking to outsource the utility bill design, printing and mailing
services of the Utility Billing operation. The scope will consists of printing and mailing
complete utility bills, reminder letters and any other communication the City may have
with its 20,000 plus utility account holders. This total may amount to over 28,000
communications per month. The City currently uses Tyler Technologies MUNIS as our
billing software. See Section K for a sample of our current utility bill designs.
1 — SCOPE
The scope of work includes:
a. Contractor must provide programming and bill design services.
b. The City utilizes four (4) billing cycles per month with each cycle ranging from 3,000
to 7,000 bills plus a second notice for each cycle ranging from 500 to 3,000 bills.
c. Tri-Fold paper and insertion of bills and mailings of same via USPS.
d. Duplex color printing is required.
e. Ability to insert at least one additional bill -insert per month with less than forty-eight
(48) hour notice.
f. Contractor must have the ability to omit printing and mailings to customers who
have the e-billing option identified on their account.
g. A sample billing document (front and back) is attached to this RFB.
h. A sample late notice document is attached to this RFB.
i. A sample of a basic envelope is attached to this RFB.
j. Mailing of certified letters is not required and is not part of this contract.
k. Contractor must have the ability to place multiple customer messages on the bill
dependent on conditions of the account such as delinquent balances, owner
messages, leak messages, change in service messages, etc.
I. Ability to generate a scan line at the bottom of the utility bill for the purpose of
automated reading for payment and remittance processing.
m. Postage rate fees must be pass -through, at the lowest possible rate/discount and
include any rebates offered by the United States Postal Service.
n. Contractor must provide a secured website for data transmission.
RFB No: 20-020
Page 9 of 31
SECTION — B
STATEMENT OF WORK
2 — MINIMUM REQUIREMENTS
All respondents shall be able to meet the following requirements:
a. Contractor must have a web based access or comparable method where by the
City can manage, schedule changes, and track the progress of bills mailed to
customers.
b. The City must have the ability to spot check bills prior to disbursement.
c. Contractor must be able to coordinate with the City's Utility Billing to change the
scheduled billing and bill management at any time.
d. The City must have the ability to re -call individuals bills, multiple bills, complete
billing routes and/or partial bill cycles if it is determined that an error in billing has
occurred. Already printed bills must be shredded.
e. Respondents must provide programming and bill design services.
f. Respondent must hold USPS required certifications such as, but not limited to,
CASS and Delivery Point Barcode, Intelligent Barcode, etc.
g. The City must have the flexibility to change the bill extract file as well as the bill
formatting layout with thirty (30) days written notice of intention.
h. Final processed and finished mail pieces must be in the possession of the USPS
by the end of the business day that the electronic billing file is released by the City
of Clermont, Utility Billing.
i. Respondents must provide for redundant data and equipment delivery system in
the event of a declared or undeclared (by the County) disaster. A disaster is
defined as fire, weather related, or other catastrophic loss or operational capability
at the respondents' primary location for the execution and delivery of service in this
RFB.
j. Respondent must have backup disaster and recovery for downed equipment.
k. Provide identity theft safety measures.
RFB No: 20-020
Page 10 of 31
SECTION — B
STATEMENT OF WORK
I. Ensure that the City's data is protected, secured and not shared with third party
vendors or other individuals, in accordance with local, state and federal
regulations.
m. Ability to provide automatic mailing address validation with USPS database. This
must be completed prior to bill run to reduce delays and returned mail.
n. Provide all materials specific to utility bills and letters:
• 8.5in. x 11 in. perforated 24-lb. white paper for billing statements (see
Section K)
• 8.5in. x 11 in. pre-printed letterhead paper (see Section K)
• #10 pre-printed window envelope for letters (see Section K)
• #9 pre-printed envelope, Return (see Section K)
#10 pre-printed window envelope, Utility Bill Mailing (see Section K)
o. Respondent should be able to provide one solution "send/return" envelope as an
option to eliminate return envelopes.
3 — ADDITIONAL INFORMATION
On a separate document, respondent may include a price list of any additional services
provided that could be considered in the future by the City. Respondent must also provide
information regarding services that do not conform completely to the scope of work
requirements but will meet the needs of the City and its customers. Information may
include more efficient processes not currently employed by the City but may be
seamlessly incorporated by way of process changes without cost impacts. Utility bill
statement improvement design information may also be submitted on a separate
document for future consideration.
4 — UTILITY BILL FORMS & ENVELOPE SPECIFICATIONS
a. Utility Bills
• 8.5in. x 11 in., 24-lb., white paper stock, (Duplex Color Printing)
b. Mailing Envelopes
• #10 commercial window envelope (to match existing envelope)
RFB No: 20-020
Page 11 of 31
SECTION — B
STATEMENT OF WORK
• Standard window size
• Pre -Printed — (color font)
• Gummed closure
c. Return Envelope
• #9 window envelope (to match existing envelope)
• Standard window size
• Pre -Printed — (font color black)
• Gummed closure
5 — PROOF APPROVAL AND QUALITY ASSURANCE
Successful respondent shall provide a hard copy "color match" proof and obtain
authorization in writing prior to printing. The successful respondent shall ensure that each
document is inspected for print quality and content. Rejected proofs must be re -run and
re -submitted at no additional cost to the City.
END OF SECTION — B
RFB No: 20-020
Page 12 of 31