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HomeMy WebLinkAboutAgenda Bill 3.N 04/07/20034 CITY OF PETALUMA, CALIFORNIA i! AGENDA BILL APR ® 7 ?001 o w . Agenda Title Meeting Date April 7, 2003 Resolution authorizing • the; purchase of one DMI000 Mailing System from Pitney Bowes "in the amount of $27,143.75. Meeting Time X 3:00 PM ❑ 7:00 PM Category (check one) X Consent Calendar ❑ Public Hearing ❑ New Business ❑ Unfinished 'Business ❑ Presentation Department Director Contact Person Phone Number General Services — Sue Simmons 778 -4322 Mail Services Finance William Thomas 778 -4323 Cost of Proposal $27,143.75 AccountNumber . 707- 400 -8121 -7301 Amount Budgeted $27,500.00 Name of Fund: General Services Attachments to Agenda Packetltem Agenda Bill Resolution RFP 03 -131 for one Mailing Machine Rental (Attachment l) Bid proposal from Pitney Bowes (Attachment 2) Summary. Statement The Mail Services Division.of the General Services Department identified a need for a new mail machine. The new machine will replace the current machine that was purchased in 1989. Three potential bidders were sent a Request for Proposal, with = three. bids being .received. The responses included the cost to purchase the machine as well as ;projected rental costs. 'The first and second to the lowest bidders were declared non- responsive due to critical exceptions; to the, specifications. After reviewing the bids, staff recommends purchasing the. and awarding the bid "to the third lowest bidder, Pitney Bowes, in the amount of $27,143.75. The City's current mailing machine is a Pitney Bowes product. It has proven to be less expensive than comparable units' due to its long useful life, with no sacrifice in performance and reliability. Recommended City Council Aetion/Sunested Motion Recommend the Council approve the authorization to purchase one DMI000 Mailing System from Pitney Bowes in the amount of $27,143:75. Reviewed by Finance Director: Reviewed by City Attorney t AimrovoilAy City Manage Date: Date: oday's Date Revision # and t . evised: File Code: Monday, March 24, 20.3 # RFP -131, Mailing Machine Rental CITY OF PETALUMA CALIFORNIA MONDAY, APIUL 7, 2003 - • AGENDA REPORT FOR RESOLUTION AUTHORIZING TH ,PURCHASE OF ONE DM1000 MAILING SYSTEM FROM PITNEY BOWES IN THE AMOUNT OF $27 1. EXECUTIVE SUMMARY The Mail Services Division of the: General. Services Department identified a need for a new mail machine. The new machine will replace the current machine that was purchased in 1989. Three potential bidders were sent a Request forProposal, with three bids being received. The responses included the cost to purchase the machine as well as projected rental costs. The first and second to the lowest bidders were declared non= responsive due to critical exceptions to the specifications. After reviewing the bids, staff recommends purchasing the machine and awarding the bid to the third lowest bidder, Pitney Bowes, in the amount of $27,143.75. The City's current mailing machine'is a Pitney Bowes product. It has proven to be less expensive than comparable units due to its long useful life, with no sacrifice in performance and reliability. 2. BACKGROUND The Mail Services Division of the General Services Department identified a need for new mail machine. 0 They developed very detailed specifications in order to maximize future use of the machine being purchased. The new machine,meets all current and proposed USPS compliance issues regarding meter security, ensuring that the City will not need to make costly" changes to the system to meet future mandated USPS regulations. The machine being replaced will be traded in to reduce the purchase price of the new machine. ALTERNATIVES Council could reject this request and give staff direction. 4. FINANCIAL IMPACTS 707- 400 - 8121 -7301 (General Services Fund) CONCLUSION Request City Council authorize the purchase of one DM 1000 Mailing System from Pitney Bowes in the amount of $27;143.75. 6. OUTCOMES OR PERFORMANCE MEASUREMENTs THAT WILL IDENTIFY SUCCESSOR COMPLETION: After Council approval, a purchase order will be issued to Pitney Bowes. The General Services Department will'take delivery of the mailing system. 7. RECOMMENDATION Approve the resolution authorizing the purchase of one DM 1000 Mailing System from Pitney Bowes in the amount of $27,143.75. gAbrms /2003 agenda bill 0 RESOLUTION AUTHORIZING THE PURCHASE OF , ONE IDM1000 MAILING SYSTEM FROM PITNEY BOWES IN'THE AMOUNT OF $27,143.75. WHEREAS, the Mail Services Division of the General Services Department identified a need for a new mail machine, and, WHEREAS, the funding for the mailing machine, is available from the General Services Fund, and, WHEREAS, Staff developed specifications and bids were solicited from responsible vendors, and, WHEREAS, after reviewing the bids, staff recommended that the Council authorize the purchase of one DM1000 Mailing System from Pitney Bowes in the.amount of $27,143.75. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the purchase of one DM1000 Mailing System from Pitney Bowes inthe amount of $27,143.75. • s Tuesday, April 23, 2002 3:00 PM Purchasing Office City of Petaluma 11 English Street Petaluma, CA 94952 Finance Department Purchasing Office CITY OF PETALUMA, CALIFORNIA REQUEST FOR PROPOSALS RENTAL OF MAILING MACHINE William J. Thomas Finance Director /Purchasing Officer PROPOSAL DATA RFP NV,N1.3EYt: 02 -131 RFP TITLE: Mailing Ma:chihe Rental CONTACT: Bruce J. Brady, Buyer TELEPHONE: 707 -778- 44418 / Fax 707 -778 -4414 ISSUE,DATE: March 27, 2002 PROPOSAL LWE.DATE /TIME DAY/DATE TIME: LOCATION/ MAIL ADDRESS: PROPOSAL:_ CONTENTS Section A: Section B: Section C Attachment A Attachment B: Attachment C. Attachment D-- Attachment E: Attachment F. Attachment G. • Request for Proposals General Provisions Special Provisions Contractor Information Specifications Cost Information Questionnaire References Exceptions City of Petaluma Lease Agreement ( Sample only) Proposals must be received at the address above no later than the date, time and at the location indicated' Submittal by fax is not acceptable. Do not send RFP to City Cler . Original and three (3) copies of RFP required. RFP402 -131 1 4/23/02 SECTION A REQUEST FOR PROPOSALS RFP`02 -131 • RENTAL OF MAILING - MACHINE 'The City of Petaluma. desires to solicit. qualified proposals for rental of a mailing machine, in accordance with the specifications, requirements and terms and conditions outlined in this Request,for Proposal (RFP). Award resulting from the RFP will be a firm fixed "three -year term contract with two (2) one -year renewal options. Scope Of Work: The City of Petaluma is seeking to replace an existing mailing machine with the rental of 9 : new mailing machine.. The City is seeking a contract, which will require the contractor to provide and install .a new mailulgmachine and maintain the machine under the contract award. 2. Proposal Process: Proposals will consist of technical and cost proposals; contractors' qualifications /experience and references. One (1) original and three >(3) copies of the complete technical and proposals are required. Contractors' primary cost will be submitted in Attachment "C" (Cost information) included herein. Original technical and cost proposals must be clearly marked and contain original signatures, and must be easily reproducible on a standard copying machine Failure to clearly mark the original and provide' original signatures may result in a proposal being found non- responsive.and given no consideration. The technical portion will be weighted more heavily than the cost portion of the proposals. 3. Technical Proposals: , Proposals without sufficient submittal data to provide a complete evaluation will notbe Failure to provide this data maybe sufficient to consider the proposal submitted as non - responsive. Proposals must include completed forms and schedules where requested And fully address the evaluation factors, complete technical submittal, references and data to verify qualifications and experience. An agreement/contract in final form will be forwarded to the successful contractor, for signature, prior to contract award. As part of. the technical proposal, a contractor must evaluate the terms and, condition& and provide any exceptions. Any exceptions taken to the RFP must be listed as a separate item in the Exceptions attachment, (Attachment "F "). Cost Proposals: Prices quoted will remain firm for a period of sixty (60) days and include a minimum 1) monthly minimum rental cost of equipment, 2) any optional add -ons offered, 3), delivery charges, 4) start-up, if any, 5) any necessary training. .Cost proposals will be submitted on Attachments "C" (Cost Information) included herein. Cost proposals must be submitted with `the, original and each copy of the contractor's proposal and address all proposal items in detail. Salestax must be applied and itemized only where applicable. • RFP #02 -131 2 4/23/02 S. Contractors '.'Qualification /Experience:' Offers will be accepted only froni-,contractors who are authorized. by the manufacturer to supply the mail machine makes;and models offered, and who have adequate nurnbefof.trained service personnel employed by the contractor submitting a proposal. Proposals will not be accepted from brokers. The City requires contractors to provide with•the proposal submittal, .a written, certified statement from the manufacturer stating that they are an authorized dealer. In addition, a statement of qualifications of "the firm, and a• description of the company history and financial capability is required. If known, .contractors will provide their Dun & Bradstreet number: Proposals must include definitive information regarding the experience and qualifications of the proposing firm. References: Provide on Attachment "E "(keferences) a list of at least_five agency references for which your firm has like contracts currently installed. 7. Evaluation Of Proposals: A panel of City of Petaluma personnel will review all proposals submitted and select the top proposals. The City may elect to contact°th6se contractors to arrange on- site demonstration of the proposed equipment (see EQUIPMENT DEMONSTRATION under'Special Provisions (Section C)). The number of contractors selected for an equipment demonstration will beat the sole discretion of the evaluation panel. The City may request written clarificatian and /or a best and fiii.al. offers Jf questions arise. Based on the initial proposals, the equipment demonstration process; acid best and;final offers.if requested, the panel will select the proposal which best fulfills the City's requirements and is deemed to offer the best value to the City. The City will negotiate with the contractor to determine final pricing. Because this proposal is negotiable; all pricing data will remain confidential until after award is made, and there will no public opening�and reading of proposals. Overall responsiveness to the Request for Proposals is an'importantfactor in:the evaluation process. Evaluation of the proposals is expected to be completed fifteen (15) working days after their receipt. The lowest price proposal will not;necessary be selected, and technical proposals will be weighed more heavily than costs to insure that the City is procuring ,best value versus lowest. price. Evaluation Criteria: The criteria to be used in the evaluation of proposals will be /but not limited to the following: o Overall responsiveness to t1ie Request for Proposal. .Proposals must be neat, complete, fully address technical, cost, contractor qualifications, references, proposal questionnaire and evaluation concerns: • A .contractor's experience and expertise in the subject industry. Contractor's response to a proposal questionnaire. (Attachment "D ") • City's perception of the contractor's understanding of the City's stated needs and specifications, as evidenced, by the contractor's proposal response. RFP#02 -131 3 4/23/02 ® Contractor's service and equipment performance references (Attachment "E ") (A minimum of five is required.) Costs. (Proposals will be evaluated on the.contractors demonstrated ability to provide suitability to purpose, quality service, previous experience, price, ability to deliver, or-any other'factor deemed by the City to be in the best interest of the City, not just the low price) Before =a Contract is awarded:for the equipment/services described herein, the City may conduct an investigation to determine the. performance record and ability of the apparent successful Contractor to perform all- requirements specified under this Contract. Upon request, the Contractor will submit such additional information as deemed necessary by the City to evaluate the Contractor's qualifications. The Purchasing Officer may conduct contract negotiations or another.party.as noticed by: the Purchasing Officer. No other officer or agent may obligate-or bind the City. The City reserves the right to reject all Proposals or any Proposal not in conformance with the intent of the contract documents and to waive any information and irregularities in said Proposals. 9. Contractor Inquires: For information concerning RFP procedures and regulations (i.e., a,submission deadline, forms required, etc.) contact: Bruce J. Brady, Buyer, at 707 - 778 - 4418. 10. Proposal, D;ue.Date /Time: Proposal is due no ,later than 4:00 PM, Tuesday, April 24, 2002 0 C7 RFP #02 -13:1 -4 4/23/02 SECTION B RFP 02 -131 GENERAL: PROV19IONS Proposals Cash discounts must'be proposal; otherwise prices will be considered net. Unless prices and all information requested are complete, proposal may be disregarded and given no consideration. This Request for Proposal shall result in a firm, fixed price: agreement /contract. In case of default by the contractor, the City of Petaluma, California may procure the articles or services from other sources and may deduct from any monies due, or that.may thereafter become due to the contractor, the differences between the price named in the contract or purchase order and actual cost thereof to the City of Petaluma. Periods: of performance may be extended if the facts as to the cause of delay justify such extension in the opinion - - of the Purchasing Officer. All prices and proposal's2must he in ink or typewritten: No pencil figures or erasures are permitted. Mistakes may be crossedout'and corrections inserted adjacent thereto and must be initialed in ink by the person signing the proposal. A responsible officer or employee must sign for the company. • 2. Submission Of Proposals Each proposal must be submitted on the prescribed form m a sealed envelope with a proposal number, closing date and time on the. outside.- Original and three (3)'copies of the proposals must be submitted. The information requested in Attachments "A" through "F must be submitted.in the proposal. The information requested in the. attachments can be submitted on the original: forms: or on the contractor's letterhead. If submitted on the contractor's letterhead, each page must note the RFP number (02 -131) and clearly indicated the referenced attachment(s). Information must be furnished complete in compliance with %terms, conditions; provisions and specifications of the Request For Proposals. The, information requested and the manner of submission is essential to permit prompt evaluation of all proposals on. a;,fair and uniform basis. Accordingly; the City reserves the right to declare as non-responsive, rand reject any proposal in which material information requested is not furnished or where' indirect or incomplete answers or information is provided. Proposals and modifications or corrections received after the closing time specified will not be considered. Proposals shall be for the total net price including all applicable taxes and charges. No telegraphic, telephone or facsimile of proposals will be accepted. If a photocopy is to be submitted, it must be signed in original, in ink. If you do not submit a proposal, return this Regnest For Proposals and state reason, • otherwise your name maybe removed from our vendor bid mailing list. RFP 402 -131 5 4/23/02 Notwithstanding any provisions contrary herein, the City of Petaluma reserves the reject all proposals. • Proposal Postponement And Amendment The City of Petalumaxeserves the right. to revise or amend the specifications and terms and conditions up to the time set for opening of proposals. Such revisions and. amendments if any, shalt be,announced. by amendments to this' solicitation. Copies of such.airiendments "shall be furnished to all prospective contractors: Prospective contractors. are „defined asthose contractors listed on the City's Request;for Proposal list for this, equipment /service, or who have obtained these documents > subsequent to the advertisement: If revisions and amendments require changes in quantities or prices proposed, or both,'the date set for opening of proposals may be "postponed by such number of days es in.the opinion of the City shall enable contractors to revise their proposals. In any case, the proposal opening_shall`be at least five (5). working days after the last amendment, and the amendment shall include an'announcement of the new date, if applicable -, for the opening, of proposals. 4. Single Proposal Response If only one: (l) proposal; is received in response, to the Request for Proposals,. a detailed cost proposal may be requested of the single contractor. A cost/price;_a.palysis aid evaluation and /or audit.may'.be performed of the cost; proposal in order to determine if the price is fair and reasonable. 5: Proposal Withdrawal After the proposals are opened, proposals may not 'be withdrawn for sixty (60) calendar, days. Prior to the date /time set for proposal` opening,.however, proposals may be modified or withdrawn by the contractor's authorized representative in "person, or by written or telegraphic.notice. If proposals are, modified.. or . . withdrawn - in person, the authorized representative shall make his identity known and shall .sigma-, receipt. for the Written or telegraphic . notices, shall be,received in the office designated on'thefront page of this Request for Proposals no later than the exact date /time for the proposal ;opening. A.telegraphic . modification or withdrawal received in the designated office by telephone from the receiving'telegrapli office no later than the date /time set-for=the proposal opening shall be considered ifla copy oft1etelegram confirms such message. Estimated Quantities The quantities shown in the-Request For Proposals are an estimate only. Since the exact quantities cannot be determined, the' City reserves the right to adjust quantities-as deemed necessary to meet its requirements. 7. Competency Of Contractors No proposal' will be, .accepted from or contract awarded to a contractor who is not licensed in accordance with; the law, who does hold a license'qualifying him to perform work under this contract, to. whom a proposal form has not been provided and who Has not successfully performed.on projects of similar . character and scope. The contractor may be required, before the award of any contract, to show, to the. complete satisfaction of the City, that it has the necessaryfacilities, ability, experience, and financial resources to provide the services specified herein in a:satisfactory manner. Generally, contractor history and references are,,required`at'a minimum. The City may make reasonable investigations deemed necessary and proper to, determine he ability of a contractor to perform the work, and the contractor shall furnish the City all information requested for -this purpose. RFP402' -131 6 4/23/02 8. Contractor Investigation Before submitting a proposal, each contractor shall make,all investigations and examinations necessary to ascertain al_l..site conditions and requirements the full performance of the contract and to verify any representations made by the City upon which the contractor will rely. If the contractor receives an award as a result of its.proposal submission, failure to have ma& such , investigations and examinations will in no way relieve ,the contractor from its obligation to comply, in every detail with all provisions and requirements of the contract, nor°will a plea of;ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the, contractor for additional compensation. Award The City of Petaluma reserves the right to accept proposals on individual items listed, on group items, or on the proposal as a whole; to reject any and all proposals; to waive any informality in the proposals; and to accept the proposal that appears to be in the best interest of the City. The City intends to award all proposal items to a single contractor. Notwithstanding any provisions herein, the City of Petaluma reserves the right to reject all proposals. In determining and evaluating the best proposal; the prices will not necessarily be controlling, but quality, equality, efficiency utility; general terms, delivery suitability of.the service offered, and the reputation of the service in general use will also be considered with any other relevant factors. Contractors shall be required to provide information requested under References in Attachment "E " . This information will be a critical part of the proposal evaluation and award. Failure to provide this information may be sufficient • reason to declare the proposal non - responsive. The Purchasing Officer shall be the sole judge in the determination of these matters. Notice of contract award, if contract is awarded, will be made within thirty (30) days of opening of proposals. Contractor shall submit'to the City, for approval, within ten (10) days from notice of contract award, all Certificates of Insurance evidencing the required coverage as.descr-ibed under Insurance in the schedule of the Request for Proposals. The contractor shall not commence delivery /installation of equipment under the terms and conditions of the contract until the City has'approved all Certificates of'Insurance and he has received notice to proceed in writing and an executed copy of the contract from the City of Petaluma. 10. Payment To The Contractor Payment will be made on a calendar -month basis in arrears. The contractor shall, submit his invoices to the City of Petaluma, Accounts Payable; P. O. Box 61, Petaluma CA 94953. lathe event this contract becomes effective or terminates during the course of a- month, the amount paid to the contractor for the part month shall be determined by prorating the amount on the basis of the number of calendar days involved. Payment will be scheduled within thirty (3.0) days upon complete delivery and acceptance of all equipment/material and receipt of an original invoice for the equipirnent/material complying with the tenns and conditions of the award. • RFP #02 -13.1 7 4/23/02 In connection with 'any:cash discount specified on this proposal, time will be computed from the date correct invoices are =received in the City Finance Department. For the purpose of earning the discount, • payment.is deemed to be made on the date of mailing of the City check. 11. Contract Administration Except.as otherwise specifically ,provided in the Request. for Proposals and resulting contract,, any notice, submittal or communication required or permitted to be served a on a party. hereto,'may be served by personal delivery to the person or the office of the person identified. Service may also be made by mail, by placing a notice, ;submittal or.communicati'on. in:an envelope with the proper first -class postage affixed thereto and addressed as indicated, and depositing said envelope in the United States mail. 12. Modification This agreement shall not be modified, except in. writing, by contract amendment, executed by all parties. Oral change:orders are not.permitted. No change in this Request For Proposals orresulting contract shall be made unless the City of Petalumma give 'its prior written approval therefore. The :contractor shall be liable for. all costs resulting from, and /or satisfactorily correcting, any specification change not properly ordered by written modification to the contract an:d signed by the City of Petaluma. 13. Termination Of Contract • If at any time; in the opinion,of the. City Manager; 1) contractor fails to conform to tle,requirements of this contract; 2) seeks relief underany law for the benefit, of insolvents or is adjudicated:bankrupt; 3) . any legal proceedings are commenced:against:,contractor which may interfere with the performance of the contract; or 4) contractor. has failed to supply an adequate working force, or material, of proper quality, or has. failed in any otherlrespect to prosecute, the work withlhe diligence and. force�specified and intended in any by the of the contract,, notice thereof in writing may be served upon.him; and should he neglect or refuse'to provide means for a satisfactory compliance with the contract as' directed by Purchasing Officer, within the time specified: in'such notice, the City Manager in any such case shall havethe right and power, at;its option and without prejudice to any other right it may have, to terminate the contract Any excess of the cost arising there from - will be charged against the supplier rand his sureties, who will be liable thereof. In the event of such, termination, all monies due the supplier'or retained.under terms of -the contract shall be forfeited torthe City; but such forfeiture will not release the.supplier or his sureties from liability for failure to fulfill the contract. Notwithstanding the provisions herein, the agreement between the City and Contractor may be'terminated or suspendedbythe City of Petaluma upon ten (10) days written notice. Said notice will be corninenced bythe City Manager. Upon receipt of such notice, Contractor shall immediately stop all work in process under this agreement. 111 the event "the City delivers such notice, the Contractor shall be entitled to payment for all services performed to date of "termination to the extent theywere actually performed in accordance with the agreement. 14. Assignment And 'Subcontracting The contractor shall not assign or subcontract the work, or any part thereof, without the previous.wri'tten • consent of the City, nor shall they assign, by power of attorney or otherwise, ahy of the money payable R NO2 -131 8 1 4/23/02. under this contract unless written consent of the City.has been obtained. No right under this contract, nor • claim for money due or become due hereunder shall be asserted.against the City, or. persons acting for the City, by reason of any so- called assignment of this contract -or any part thereof, unless such assignment has been authorized by written consent of the City. In case the contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. 15. Subcontractors The "Subletting and Subcontracfng,Fair Practices Act (Public Contract Code Section 4100 -4113, inclusive) shall be considered to apply to all subcontracts in excess of one -Half of one percent (.5 %) of the total amount of the proposal, and said act requires subcontractor, if used to be listed in the prime contractor's proposal; prohibits the substitution of subcontractors, except as therein authorized; and provides for penalties for violations of the Act. Each contractor shall, with,respect'to work of any subcontractor in excess of one -half of one percent (.5 %) of the total amount of the proposal, list in (Exceptions). a. The name and the location of the place: of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent (.5 %0). prime contractor's;total proposal. b. The portion of the work, which will be done by each such subcontractor. Only one subcontractor shall be listed for each such'portion. If the contractor. fails "to specify a subcontractor for any portion of work to be performed under the contract in excess of one -half of one percent (.5 %) of the contractor's total proposal, contractor agrees the contractor is fully qualified to and will perform that.portion of the work. The successful contractor shall not, without consent of the City, and in compliance with the Public Contracts Code Sections 4100- 4114, either: a. Substitute anyperson as subcontractor in place of the subcontractor designated in the original proposal; b. Permit any subcontract to be voluntarily assigned or transferred or allow the work to be performed by anyone other than the original subcontractor listed in the proposal; or C. Sublet or subcontract any portion of the work in excess of one -half of one percent (.5 %) of the total proposal as to which the contractor"s original proposal did not designate a subcontractor. NOTE: THE CITY ADVISES ALL PROSPECTIVE CONTRACTORS TO CAREFULLY READ THE CONTRACIT INSURANCE REQUIREMENTS LISTED BELOW. IT IS ALSO ADVISED THAT'PRIOR TO'SUBMITTING A PROPOSAL, CONTRACTOR SHOULD HAVE THEIR INSURING AGENCY REVIEW THE CITY'S INSURANCE REQUIREMENTS TO DETERMINE IF THEIR. CARRIER (S) WILL COMPLY WITH THE ADDITIONAL INSURED BY ENDORSEMENT. AND CANCELLATION LANGUAGE THAT IS REQUIRED FOR THE • CERTIFICATE OF INSURANCE. ALL CERTIFICATES OF INSURANCE MUST BE SUBMITTED TO THE CITY FOR APPROVAL AFTER AWARD OF PROPOSAL. FAILIRE TO RFP #02 -131 9 4/23/02 COMPLY WITH °TI3EE INSURANCE REQUIREMENTS, STATED IIEREIN, AFTER AWARD OF PROPOSAL WILL BE JUST CAUSE FOR ANNULMENT OF AWARD. i 16. - Insurance The contractor shall provide and maintain in effect throughout the term of this contract and at no expense to the City a policy of insurance with the scope of coverage to be equivalent to standard I.S.O. forms (e.g. 1973 or 1986 Broad Form Comprehensive- General Liability of Commercial General Liability; etc.) WITH NO LIMITING` MODIFICATIONS, each of which shall cover liabilities arising or alleged -to have arisen from, any act or any failure to act by the contractor in its performance underlhis contract and any failure to act of any not less than one million dollars ($1,000.000.00) * PER OCCURRENCE. Contractor shall also provide and maintain throughout the term of this contract and at no expense City, products liability and completed operations insurance, business automobile liability insurance, contractual liability, and completed operations insurance, in the total amount per occurrence of 'not less'that. one million dollars ($1,000.000.00). Each insurance policy shall name, by endorsement, the City of Petaluma, its officers, employees and agents as additional insureds and as to such,additional insureds the insurance is primary, and shall contain, by endorsement, a cross liability clause. A certificate of insurance specified below shall evidence the insurance required hereby. a. Should the Contractor's insurance consist of claims made coverage„ the contractor will be. required to furnish evidence that said policywill continue to be in effect" and enforceable for two (2) years after the effective termination date of the contract award. If contractor's insurance is higher.than.the minimum limits required by the City, such limits shall be certified and shall,apply i&the afforded the City under the terms and conditions of the Contract as though-required and set forth in the Contract. b. The contractor shall file with the City a certificate or certificates, executed by an agent of the insurer, which. shall certify that the above insurance coverages are in effect, that the City and it officers; employees and agents are named, by endorsement, as additional 'insureds hereunder, that as to such additional insureds the insurance is primary, and tl at,each policy contains, a cross liability clause. Each certificate shall also state that the insurance evidenced1hereby may not be altered, reduced in amount or coverages, or terminated without thirty (30) days prior written notice thereof 'being ,actually `received by the City of Petaluma,.c /o City Clerk, P. O. Box 61, Petaluma CA 04953. NOTE: This cancellation language deviates from the standard Certificate of Insurance Accord forms and is brought to. the attention of the contractor and' his insurance agent. FAILURE TOL COMPLY WITH THIS LANGUAGE WILL CAUSE A DELAY IN THE CONTRACT OR PAYMENTS. c. Any deductible or self - insurance retention must be declared to and approved by the City. At the option of the City, either! the insurer shall;reduce or eliminate such deductible or self-insurance retention as respects the City, it officials and employees; or the contractor, shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. d. Contractor in;rendering its performance under contract is and shall remain an independent contractor. Contractor shall provide and maintain th roughout the term of this contract, at no expense to the City, Workers Compensation Insurance, as required by law, for all contractor's officers and employees. Contractor shall with the City'a:certificate of insurance, executed by an authorized agent Hereby is in effect and stating thatthe same.may not be terminated without thirty (30) days. prior written notice thereof being actually received by the City Clerk. • RH #02 -131 10 4/23'/02 Workers�Compensation,'hisurance and all employee taxes and employee benefits required by law shall • be the responsibility of the contractor and a current; Certificate of Worker's Compensation shall be furnished request to the City Clerk. 17. Indemnify And hold Harmless, Agreement Contractor agrees to accept,all responsibility for loss' or damage to any person or entity, and to defend, indemnify, hold harmless and release the City, its officers, agents and employees, from.and against any and all actions, claims damages,. disabilities, or costs of litigation thatmay be asserted by anyperson or entity, arising out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, whether or notthere is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful; misconduct of the City. This indemnification obligation in not limited in ,any way by any limitation on the amount or type .or damages or compensation payable to or for Contractor or its agents under Workers Compensation act, disability benefits acts or other employee's benefits acts.: 18. Federal And State Tax Prices quoted' -shall not include Federal Excise: Tax. California Sales Tax of seven and one half percent (7.5% o) will be paid on material discretely priced in accordance with the contract payment schedule. Sales Tax will not be applied to services. 19. Legality If any provisions of,this agreement held. to be, invalid „illegal or unenforceable, the validity, legality and enforceability of the,remaming provisions shall not;in any way be affected or impaired thereby. 20. California Law This agreement shall be governed according to the laws of the State of California. 21. Immigration Reform Control .Act Of 1986 Contractor shall be responsible for compliance with the Immigration Reform Control Act of 1986. 22. . Compliance' With Laws And Regulations Alt materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of Califon is and OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance. 23. Legal Requirements And Permits The contractor agrees to full :comply with all local;. City, State and Federal laws, regulations and ordinances governing performance of contractual services required; hereunder, ,and it will be the responsibility of the contractor to,obtain any and all necessary licenses,..peniiits and /or clearances. RFP #02 -131 11 4/23/02 24. Retention Of_Records The contractor shall be required to retain any records necessary to document -the charges for goods to be provided,or services to be performed and make such records available to the City for inspection at the City's request for "a period of four (4) years. 25. Independent Contractor The parties conteridthat.contractor in performing the services herein specified, shall act as an independent contractor and shall:have control of its work and the manner in which it is performed. It shall be free to contract for similar services to be performed for other employers while it is under the City. Contractor is not be`considered an agent or employee ofthe City and is not entitled to participate in any pension,, medical or dental plan, or any other benefits provided by the City to "it employees'. 26. Non - Collusion. Affidavit The contractor declares, by signing and submitting a proposal, that the proposal is'notmade in the interest of, or on behalf of,.anyundisclosed person, partnership, company, association, organization, or corporation; that the;proposal is genuine and not collusive or sham; that the contractor has not directly or indirectly induced or solicited =any otlier contractor to put in a shame proposal„ or that anyone, shall refrain'from bidding;, that the, contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the contractor or any other contractor, or °to fix any overhead profit, or cost element of the proposal price, or of that of any other contractor or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the proposal are true; and, further, that the: contractor has not, directly or indirectly, submitted his or her proposal price, or any breakdown` thereof, or the contents thereof, or divulged information or data relative thereto; or paid, and will riot pay, any, fee to any corporation, partnership, company association, organization, proposal depository, or'to any member or agent thereof to effectuate a collusive or sham proposal. 27. Entire Agreement This agreement is the entire agreement between the parties. 28. Proposal Contents This proposal consists of the Request for Proposals, the Proposal, Provisions;.Specifications, Attachments and other term& and conditions as are attached or incorporated by reference. 0 RFP #02 -131 12 4/2'3/02 SECTION C SPECIAL PROVISIONS Security Of Data The contractor agrees that any data, reports or information provided by the City, as well as any data, reports, or information, generated from'the processing of mail shall not be disclosed to third parties without the prior written, approval of the -City. The contractor further agrees that any data, reports or information provided by-the City, as well as any data, reports or information provided by the City, as� well as any data; reports, or.information generated from'mail processing shall not be used in the production, or design of any product, service, report or press release, without the prior written approval of the City of Petaluma. Materials And Workmanship Materials sold and /or provided to the City shall be of new and recent manufacture and best quality. Patents And Royalties The contractor if their bid is accepted, shall defend any and all suits. and assume all liability for the use of any patent process, device' or article ; forming a part of the apparatus or any appliance furnished under the contract. All costs involved :in fees, royalties or claims for any patented. invention, article, process or method that may be usedupon or in any manner connected with the supply of material /equipment shall be paid by the contractor. Should the contractor, their agent or employees or any of them be enjoined from furnishing or using any invention, article,, material or plans supplied or required to be supplied or used under the contract, the supplier shall promptly .substitute other articles,. materials or appliances in lieu thereof equal finish, efficiency, quality, suitability and market value, and satisfactory in all respects to the City. Or in the event that the City elects, in lieu of such substitution, to have supplied andto retain and use any such inventions, articles, materials or plans as may be ;required to be supplied, the supplier' shall pay such royalties and secure such valid licenses as may be requisite for, 1he City, its officers, agents,, and employees, or any of them to use such invention, article,. materials ­ or appliances without being disturbed or in any way interfered with by any proceeding in the law or equity on :account thereof. Should the contractor neglect or refuse to make the substitution promptly or to pay such royalties and secure such licenses as may be necessary, then in the event the City shall have the right to ;make such substitution or the City may pay such royalties and secure such licenses and charge the contractor even though final payment under the contract may have been made. 4. Illustrative And Technical Data Contractor, shallsubmit with their proposal complete and current illustrative and technical data on the proposed systerri/services. Maintenance Service Requirements The contractor will provide remedial maintenance service during the City's normal working hours — 8:00 AM to 5:00 PM, Monday through' Friday; except on City holidays. Preventative maintenance service shall be performed in non -prime mail processing time (8:00 AM to 11:30 AM) and by prior scheduling with General Service personnel. Preventive maintenance. will be provided in accordance with the manufacturer's specifications. RFP402 -131 .13 4/23/02 On -call remedial maintenance will be provided on an "as needed" basis as determined by the City. The contractor will have an adequate.iriventory of spare parts immediately available for repairs and keep all equipment operating at, least 90% of the available work time. Repairs should be completed on the first visit. In a situation where the delivery of an out -of -stock part is anticipated to take more than.,twenty -four (24) hours, the:;contractor.will immediately provide a backup mail.machine of,similar specifications at no charge to the City. Fully trained and qualified technicians will perform all 'maintenance. The contractor will furnish, install, and maintain all equipment in accordance with manufacturer's specifications. Each contractor will complete the service questionnaire provided in Attachment, "D". The City will not tolerate repeated service calls for the same recurring problems. If the contractor's service technicians: fails to, repair successfully a serious recurring problem for the third time, the City may have the equipment canceled: and not pay any early termination: or removal charge. If the City selects to have the equipment immediately replaced with another unit in good working - order of comp arable: capabilities; then, the following-' rovisions apply: a. Proposed replacement unit must meet the:approval of the department and General Services. b. Contractor will bear the cost:for the removal of the original equipment,and the cost for-delivery of the replacement unit. c. The period of contract will remain the same as ,on original equipment. d. The cost of the replacement unit will not exceed the cost of the original unit. In order to meet:the'needs of the City's operations, the contractor's service department must have an answering service or device to record service calls in the priority in which they are made after normal business hours, on weekends, and on holidays. 6. Maintenance Service; Response The;maximum service response time allowed under any contract established as a result of this RFP will be four (4) normal working g ours per call, except for emergencies as defined in the following paragraph. Normal working hours are 8:00 AM through 5:00 PM, Mondays through Friday, excluding City holidays. The maximum maintenance service response time allowed under any contract established. as a result of this RFP for emergencies will be two (2) normal workin hg ours per call. An.Einergency call will include but not be limited to a call from General Services to report-the machine is "down." a. Service calls will be prioritized. Emergency service calls will: be given higher priority, The contractor will respond to emergency service ,calls within two (2) normal working hours from the time when tine calls where first placed_. b. Response time will be measured from the time when a service call is placed to thetime when the contractor's service' technician arrives at the site where the machine is to be RFP #02431 14 4723/02 repaired. Response time will not include the period that.,is -not considered the. City's normal • working hours or the period in which the service technician takes to repair the equipment. Pricing Prices will be entered in Attachment "D "(Questionnaire) of tlis -RFP., Alternate offers may be included. The 'format on Attachment "D" should b&fol'lowed in creating alternate offers. Alternate offers will be prefaced with a brief explanation of the contractor's purpose ofsubrnitting an alternate offer. The contractor will enter a base�monthly rental;rate the mailing machine. ,Said rates will be firm for the three (3) year contract term for the mailing machine. Be sure to complete the cost proposal carefully and completely for the prices shown here will be firm for the entire contract period. If the mail machine is installed for a partial month it will be invoiced at a pro -rated amount. The charges, in this case, will be a,percentage of the flat monthly rate based on the number of days a mail machine was installed divided by thirty'(30) days: 8. Performance Guarantee All responsive contractors will guarantee that the equipment and prices proposed, including maintenance and supplies, will be available to the City for the,entire contractperiod. For manufacturers, a signed proposal will be considered, as providing this guarantee. For dealers (non - manufacturers), asigned letter from the mail machine manufacture must be provided with this proposal, guaranteeing thatthe equipment and prices,proposed, including maintenance and supplies, will be available to the City,for the entire contract period. This letter of guarantee shall be an original copy written on the manufacturer's letterhead and addressed to the City. 9. Continuance The continuance of any contract issued by the City is dependent upon the contractor's ability to provide satisfactory service and equipment as setforth in this.RFP. 10. Delivery Time Frame The successful,contractor shall deliver the mailing machine to the site specified by the City, install and make readyfor use. The mailin g, machine shall`be delivered, installed, and made ready for use not later than:fifteen (15), :days following the date of order. Contractor shall remove and properly dispose of any packing materials; boxes, etc. used during delivery. 11. Special;Requirements It shall be the contractor's responsibility to examine each delivery -site and to advise the City of any safety, space or special requirements that are to be met prior to delivery of equipment. It shall be the City's responsibility to have the site properly prepared for the delivery of the equipment. • RFP #02 -1=31 15 4/23/02 If any special electrical.requirements (e.g. surge suppresser, isolation transformers; surge protector, power filters, dedicated line, etc.) are required by the contractor's equipment, the coordination, "special equipment • and costs to comply with these requirements will be the sole responsibility of the _ c ontractor. The City will be responsible for 1'20- volt,noininal power. only. If M electrical problems are.encountered with the mail machine, the mail machine shall be replaced or removed :immediately, at the discretion of the City. There shall be no penalties ,or removal fees .imposed for such removal. The City may elect to replace'the mailing machine with a mailing machine from an alternate contractor. TheCity will not be responsiible 'for any power related equipment;damage. (Dedicated circuits may not be available.) 12. Initial' Supplies There shall be enough. :supplies delivered with the mail machine to ensure a minimum of one month's usage. 13. Delivery Coordination The selected contractor shalIprovide to the Purchasing Office, within (10) days after receipt of the City's, contract notice to proceed, a delivery schedule for the; equipment to be installed under the contract. This is so the City can coordinate the removal of the existing equipment with the delivery: of the new equipment. 14. Training Training shall be provided to City personnel on the same day the mail machine is delivered,, installed.and operational. Additional training shall be provided as often as required at no additional cost to the City. Training shall'include nstructions on the propeYuse ofthe equipment and.features and briefing on safety precautioris: The "contractor shall also make sure that'City personnel have the necessary information, such. as telephone number, serial number, and/or customer'number, to place service,calls and supply orders. Each mail machine shall be delivered with an operator's instruction manual. 15. Acceptance Deliveries are not considered complete until: ® The equipment is delivered in the configurations as ordered.. • The equipment has been.properly installed and. made readyfor use by contractor's trained personnel. • Training has been properly provided to personnel at,the delivery. sites. • The responsible representative sib and date an acceptance certificate indicating that the above conditions'have been'met. A signed bill of lading or delivery receipt obtained. by the carrier is not considered acceptable. 16. Invoicing Contractor shall prepare invoices:for each,snail machine installation on a monthly basis in arrears, showing a minimum of the,following information: • Invoice date and.number. UP 402 -131 16 4/23'/02 • Contract number_. .'- • Make model,,,and' serial number ofequipment. ® Location of•the mail machine. Invoices shall be submitted in'duplicate to: CITY OF PETALUMA ACCOUNTS PAYABLE P.O. BOX 61 PETALUMA CA 94953 17. Equipment Demonstration Demonstrations of the proposed equipment configurations may be required from the most responsive contractors prior to making final selections(s). The selected contractors must provide and make all necessary arrangements for °a demonstration within one (1) week from date of notification. The demonstration shall be provided at no cost to the City. The contractor shall determine the location of the demonstrations; however demonstrating within Sonoma County is.Treferred and will be attended at the City's expense. The City reserves the right to determine whether or not a demonstration has been successfully completed. 18. Year 2000 Compliance All products offered by the contractor as well as third party components of the solution must be Year 2000 Compliant. The software and /or hardware design to ensure year 2000 compliance shall .include,. but not be limited to, century recognition of'dates; 'calculations that correctly compute same century and multi century formulas and date values, and. interface values that.reflect the century. None of these products should require any modification because of date issues.arising between now and the next one hundred years into the future. In any changes are required, the contractor will .make the changes at no cost and in a time frame that is acceptable to the City. 19. Lease Of Mail Machine If the selected contractor chooses to,finance the mail machine proposed to the City through a third party leasing company, it is the contractor's right. However, such arrangements shall be solely between the contractor and the leasing company, The City shall remain, clear of fall such arrangements and shall not - have to alter ;Or amend any terms or conditions of this RFP to accommodate any such arrangements. The contractor-shall remain the solesource of contact with the City. 20. ResponsibilityFor°Equipment Contractor shall assume complete responsibility for its;property in case of earthquake, fire, flood, theft, vandalism; or any damage ,not caused from deliberate careless,acts on the part of City employees. 21. Annual Reports Upon City General Services's request, the contractor shall also provide annual reports showing the • maintenance service history. The maintenance 'shall, include: RFP #02 -131 17 4/23/02 • Date and time contractor received each service call. • • Date and time contractor'dispatched a service technician.. • Description of problem. • Description of repair. • Indication of whether repair was completed on first visit. • Meter readings at time of;repair. • Average number of mail processed. These:reports shall be provided to the City at no additional cost and shall be.sent to: City of Petaluma Attn. General Services 11 English Street Petaluma CA 94952 22. Oral Communications Oral communications with City employees concerning this'RFP-shall not be on the City and shall in no way excuse the contractor from the obligations set forth in this RFP'. 23. Hazardous Materials Contractor shall identify all hazardous materials as required under the California Code of Regulations, Title 8, Article 1 1'0, Section 51'94, and the State of California Health 81 Safety Code Material Safety Data Sheets =(MS'DS) shall be provided by the Contractor at the time •of mail, machine installation�to General Services for e all products that may concern hazardous materials. 24, Force•Majeure Neither party to this shall be held responsible for delay or default caused by fire, riot acts of God and. /or war, which is beyondthat party's reasonable control. The: City of Petaluma may terminate this. contract by written.notice after deterinining such delay or defaultwill reasonably prevent' successful performance of the contract. 25. Business Tax Contractors, who are awarded a City contract, must'pay a City business tax pursuant to City Ordinance. • RFP 402 =131 18 4/23/02 ATTACHM ENT` "A" RFP 02-131 CONTRACTOR INFORMATION Company: PITNEYBOWESINC. Contact Person: JENNIFER.MEHCIZ Street Address: 2455 BENNETT VALLEYRD #115C City /State /Zip: SANTA ROSA CA 95404 Telephone: 800- 354 -4412 Fax Number: 707:5784009 Cell Phone Number: 707 -694 -9690 E -Mail Address: JENNIFER.MEIICIZ @PB.COM Website Info: PB.COMISTATEL/CALIFORNIA • Make & Model of Mailing Machine: PITNEYBOWES - PARAGON City of Petaluma Business License Number: If awarded contract. Pitney Bowes will provide a . Petaluma Business License Number. • RFP #02 -13'1 -19 4/23/02 ATTACHMENT "B" • RFP' 02 -131 SPECIFICATIONS AND REQUIREMENTS FOR MAILING MACHINE The following specifications are provided to allow prospective contractors the opportunity to submit their proposals on mailing machine equipment and services which the contractor feels best meets or exceeds the City's requirements. Current Environment The City of Petaluma is currently using one mail machine to meet the City's mailing /postage requirements. Equipment to be'Renlaeed none. All services and merchandise must comply`with safety orders of the California Department of Industrial Relations and Cal /OSHA (California. /Occupational Safety and,Health Administration.) The successful contractor will plan and conduct work in a manner that will safeguard all persons'from.injury and will take all precautions as required by the applicable regulations. Any deviation from the specifications and requirements shall be noted in Attachment 7". (Exceptions) of this RFP. No demonstrator, used, rebuilt or remanufactured mail machinewill be accepted for this! proposal. Only a new, unused mail:machine will be considered. Make'and Model Propose& Manufacturer: PITNEYBOWES Model: PARAGON SYSTEM Features: 'Mark, to specification and requirements. Note exceptions in' Attachment "F. (Excet).tions) YES' NO S eeifcations And. Requirements 1. Mailing', Machine: X 1.1 New stand . alone equipment only. X 1.2 Able to process a high volume of mail. City currently rocessin .0 to $6,0.00:00 per month'in postage. X 13 Equipped with an automatic power feeder and be able to weigh, set meter, stamp, seal and stack intermixed mail in one., rocess withoui manual handling. X 1.4 Capable. of processing both sealed and unsealed, material' with flaps: either open or closed. Must handle envelope, flap. of 3" maximum. X 1.5 Equipped with an internal gummed roll tape dispenser with capability of dispensiing wet or d_ry gummed meter roll tape as well astapes with peel off backing. Must have�water reservoir with water level indicator. X 1.6. Equipped with a wide feed deck to process oversized envelopes, up to 10 "'x 13 ". • RFP 402 -131 20 4/23/02 • • X 1.7 Processing speed of at least 90 envelopes per minute. 1.8 Able to process envelopes up to 3/4" thick. X 1.9 Equipped with an electronic "interface to. internal weighing X system and accounting system. _ 1.10 Able to automatically determine surcharges on oversize X Vieces. X 1.11 'Must have a locking,key or security feature. 1.12 Must have envelope stacking catch tray. X. 1.13 Must have sealed and non- sealed modes. X 1.14 Must have auto on /off feature. X 1.15 Systemshall have the ability of backing up accounting X information to a diskette, CD, and /or PC system. Data must be formatted for im into Microsoft Excel. 2. Electricpostage meter to meet the following specifications: 2.1 Ability to imprint postage from $ 0.01 to $99.99 in a single X impress ion. 2.2 Equipped with a display that provides data, piece count and X postage used. 2.3 Ability to ,automatically advance to the correct date without X operator intervention. 2.4 Must have postage -by -phone which may be placed on a X master agreement. 3. Electric postage ,computing scalewith.a mail accounting program ,and , report printer to meet the following specifications: 3.1 Scale and printer will consist of new equipment only. X 3.2 Equipped with a command terminal and a separate weighing platform with the capability of weighing items up to 30 lbs. X accurately. Accuracyto within 1 /32 -oz and weight increments of 05. ounces. 3.3 Electronic scale with the, mail accounting program will have X the capability of doing charge -back accounting for at least 50 departments with a department identification number up to 14 numeric digits. 3.4 Will contain rates and services for LISPS, including airmail, X certified and"' riori " mail rates. 3.5 Interfaced to the electronic mailingmachine in order to set X the. electronic°postagemeter from the scale or automatically rint a meter tape. RFP402 -131 21 4/23/02 • 0 • RFP 402 -131 22 . 4/23%02 4. Total bid price shall be inclusive of: X 4.1 Annual cost of maintenance for the complete mailing system. X 4.2 Annual cost of software and /or hardware to update any changes in rates and services for USPS. X 4.3 Any additional cost for obtainingthe USPS postage meter license, delivery, setup, installation and training (including training hours.) • 0 • RFP 402 -131 22 . 4/23%02 0 ATTACHMENT "C" RFP 02 -131 COST INFOkMATION Costs: .1. Outright: Purchase Cost for Paragon Svstem a Marl Machine: $ 20,170..00. b. Postage Meter: $ 88:60 1month c. Computing Scale $ 2;28S.00 d.. Sales Tax: ,$ 1,729.13 e. Delivery & Installation: $ 0 f Total Cost $ 24.784:13 g. Each Postage-by-Phone Reset: $ 0 • 2. 36-month - Lease/Rental Cost, per month for ParaZon System a. Nloiathly Lease/Purchase Cost: $ 753.44 b. Monthly Maintenance. Cost: $ 152.00 c. Monthly Postage Meter Rental: $ 91.00 d. Monthly Lease /Rental Computing Scale: $ Included e. Total Monthly Costs: $ 91.00 f. One Time Delivery /Installation Costs: $ 0 g. Each Postage -by -Phone Reset Charge: $ 0 0 RFP 402 -131 23 4/23/02 • ATTACHMENT "C" . (Continued) The undersigned declares that before :preparing their proposal,. they carefully read carefully the specifications; terms and conditions, and requirements for Contractors and that their proposal is made with full' knowledge of the knnd, quality and quantity of services and equipment to be, furnished, and their said proposal`is as stated on these pages. The undersigned offers and agrees, if this proposal is accepted, within sixty (60) calendar days from date of opening,, to furnish any or all of the items upon which prices are offered -at the price set opposite each item, delivered at the .designated pont(s) within the time specified.: "`'� AUTHORIZED SIGNA PRINTED/TYPED NAME: JENNIFE R'.AfEHCIZ TITLE: SENIOR AC'C'OUNT MANAGER COMPANY: PITNEYBOWBS DATE: 4122102 0 RFP 402 -131 24 4/23/02 ATTACHMENT' "D" RFP 02 -131 • "QUESTIONNAIRE" Contractor: PITNEYBOWES Make & Model of Mail Machine: PITNEYBORES /PARAGON How many years has your company been in the business of providing and servicing mail machines? 80 YEARS' 2. Is your company an authorized dealer for the: brand of equipment being offered? ( If so, attach proof of authorization from Manufacturer). CORPORATION. Are service technicians factory trained? ( so, attach proof of factory training Yes. Training on Pitney Bowes products are performed at our training/ Conference center in Peachtree City,. GA. Records of training are held • At the center and will be made. available,ifawarded he bid contract 4. How many technicians do you currently employ and how many of them will be available to the City? 15 total field representatives available .in the. district. Three reps available to service the City of Petaluma (1 Primary Service Rep; 2.Service peps for backup) Indicate below the years of experience in the service of mail machines that each technician to be assigned to the City has. Name Years of Experience VINNIE KIILIS 23 YEARS STEVE SCHNEIDER 17 YEARS STEVE GREGORY 24 YEARS • RFP #02 -131 25 4/23/02 6. What is, your company's average response time for emergency and non - emergency service calls? ( Attach documentation that substantiates vour response) Average response time; is 4 hours. Attached is service histor with response times for the City of Petaluma and over the last nine months the average response, time is 1.60 hrs. 7. Is after -hours maintenance available? If so, please ; state available,hours, telephone number, and hourly cost, and average response time. No after Hour services. for emergency's service is available. Arrangement for Non- Emergency, service after hours must be approved by Pitney Bowes Service prior to service date needed S. Indicate below the name, address, and telephone number of the nearest location, which will be providing the repairs on your mail machines. Also include the name and telephone number of "tlie service manager, and the available days and hours Which service calls can be requested. . Pitney.Powes 2455 Bennett Valley Rd 41150 Santa Rosa, CA 95404 Service. Department: 800 -522 -0020 Service Manager: John.A. Smyser 800 - 322 -8000 vm ext. 3674 9. Indicate below the name of the person who will be responsible for - administering the contract, if awarded. - Also include the person's' title, telephone number and address. Contract Administrator: Name: John Smyser Title: District Service 1VManazer Telephone: 510-3376500 Address: `8I5AtlanticAve #100 Alameda, CA 94501 • RFP 402 -131 26 4/23/02 ATTACHM ENT (.V" RRFP' 02 -131 REFERENCES Indicate below, or on a separate sheet, at least five (5) references. Be sure to include for each reference: an account name, contact person, telephone number number of mail machines installed, and how long you have had the account. References that are currently using proposed mail machine(s) are especially welcomed. Contractor: Pitney Bowes` Make & Model of Mail Machine: Pitney Bowes, Paragon 1. Account Name: Cbmaj, of Solarzo Address: 1745 Enterprise DR f Fairfield CA 93433 Contact Person/Title: Diane Paulson Telephone Number: 707 - 421 -6321 Number of MaiLmachines /Years. of Service 2 machines / 4 wears • 2. AccountName: Petaluma City Schools Address: 474 Kenilworth: Dr. Petaluma, CA 94952, Contact Person /Title :. Ray Dipiaima Telephone Number: 707- 778 -4645 Number of Mail machines/Years of Service 2 - machines /1 year 3. . Account Name: °Lelgacv Marketing Grou Address: 2090 Marina Blvd Petaluma, CA 94954 Contact Person/Title: Kirk More -Nukes / Operations Manager T61ephorie Number: 707 -765 -5853 Number of Mail machines/Years of Service: 2.nzachines /5 months with new Paragon and-4 years with'nrevious Paragon • RFP 402 -131 27 4/23/02 4. Account Nance: The Doctor's Management Company Address: 185 Greenwood Rd Napa CA 94558 Contact Person/Title: Liizda Johnson IManaaerAdministrative Services Telephone Number: 707 -226 -0339 Number of Mail machines/Years of Service: I wiacl ine /2 wears with current paraeon (4 years with previous Paragon) 5,. Accouut:l\Tame: Iinnzbc Mana ement Service Address: 105 Diffitdl Dr: Novato, CA 94 Contact Person/Title Alberto 10perator & Cathy MacDula T Office Manager Telephone Number: 415 -883 -1218 Number of Mail machines/Years of Service: 114 years rI • • RFP 402 -131 28 4/23/02 ATTACEN[ENT "F" R" 02 -131 • ,EXCEPTIONS Contractor-: Pitney Bowes Make & Model of Mail,Machine: Pitney Bowes Pargon.Swem Any exceptions to the Provisions,; Specifications and Requirements are to be noted below: 1. Page 10 Item 16 First paragraph.— Sample page-attached showing a few deletions by Pitney Bowes - Corporate Insurance,Departm'ent. 2. Page 10 Item 16' c " .to be`deleted in entirety. 3. Page. 17 Item 20 '.Pitney Bowes has it's own Insurance. Policy and the certificate will be provided ,if awarded bid. City ofPetaluma ls,self= insured which covers damage to the equipment in the event it is damaged dueto an earthquake, fire, flood, theft, vandalism or any damage not caused by Pitney Bowes employees. 4. Page 21 Item .1.7 Processing: speed of at least 90 envelopes per minute is the mini - mum speed when processing mixed mail (weight up to 16 ounces, up to _10" z_ 13 "., `and up to' /4" thick). The system should :process similar weight material at a minimum of 240 pieces per minute. 5. Page 21 Item 1.12 Currentsystem uses a power stacking tray where mail exits allowing up to 600 .pieces to be stacked-while processing. The bid asks fora catch tray which is different so 1 will .provide ;pricing with and without the power stacker. • 6. Page 23 Item 2 Bid -asks fora 36 month; contract with. a option for two one -year renewals. Pitney Bowes`State,and Local Government Term Rental,Agreement.is used for leasing and it states that thelessor owns the�equipment at the:end of the contracted period. -I will provide a 60 month cost as'well to m eet t he 5 year request. 7. Page 31 Item.3 New system comes with three hours of training included. Additional training available:if prearranged through account representative. 8. Page.32Item:C1 No data to support ,this request., 9. Page 32'Item 'C 2 No: data to support this request. 10. Page 32 Item D 4 More than 50% of spare - parts; that cause downtime are readily available. Unavailable;parts are overnighted to the' customer's site. The bid states current machine is not being replaced you may consider keeping 6100 mailing system as back -up unit. 11. Page 33 ItemD 6 See.attached Customer, Service.,Guaraitee. 12.. Page 34 Item F 1 When purchasing outright, the :meter rental ;is: generally billed quarterly and y. . ct underr RentIal .Terms and Condiii 13. n Pa a 34 Item H 1 -4 See attached Lease Con accommodated at ons on the the maintenance is billedAiinuall Some custom billing can be acc front number;l. 14. Page 35 Item 9 Paragraph 3 If you choose to lease with PBCC under the State: and Local Government Term Agreement, the title is passed to City of Petaluma upfront and PBCC holds security interest._ • RFP 402 -`131 29 4/23/02 ATTACHMENT "G" (SAMPLE ONLY ) • CITY PETAL UAM -LEASE A GREEMENT Citv of Petaluma Agreement Number: 00 -000 ' Commadity /Service: Rental of a mailing machine. The City of Petaluma agrees to rent . fora eriod of p thirty-six (36) months, with an option.for two (2)12 -month renewal periods. Agreement costs (M) moth rental at, for thirty -six month o P oval rental periods,_ per month. Agreement :includes two (2) twelve (12) p , Service of the mail machine is included in this agreement. Agreement Period The:period of this agreement shall be for thirty -six (36.) months with two (2)12- month optional periods, commencing the date of installation of the mailing. machine. Entire Agreement: This agreement with attachments is the entire agreement between the parties. RFP #02 -1:3.1 - 30 4/23/02 Terms and Conditions A. General Mandatory Equipment Requirements a. The Paragon mail machine supplied shall be U.L.. approved, new and shall meet the manufacturer's performance,and appearance standards for new equipment. Demonstrator machines are considered used and are not acceptablel for the purpose of this agreement. b.. All services and merchandise must comply with safety orders of the California Department; of Industrial Relations _and Cal /OSHA. The vendor shall plan and conduct work in a manner that will safeguard all persons from injury and shall take all precautions as required by the, applicable regulations. B. Delivery and'.Trainine 1. Pitney Bowes shall provide to the Purchasing Office, within ten (10) days after receipt of the City's contract notice to proceed, a delivery schedule for the equipment to be installed under the contract. This is so the City can coordinate the removal of the existing equipment with the delivery of the new equipment. This is especially important for locations with limited space and to minimize the downtime experienced by City departments during the change out of equipment. 2. Pitney._Bowes shall deliver the Paragon mail machine to the sites specified by the City, install, and make ready for use. The Paragon mail machine shall be delivered, installed, and.made ready for use not later than thirty (30) days following date of order. " Pitnev Bowes shall remove and properly dispose of anypackiig materials, boxes, etc. used during delivery. It shall be '-Pith-eV-Bowes' responsibility to examine the delivery site and to advise the City of 'an electrical safety space, or special equipment requirements that are to be met prior to delivery of themail machine. It shall be the City's responsibility to have the site properly prepared for the delivery of the equipment. 3. Trair ing shall be provided to City perso nnel on the same day the mail machine is delivered,'installed and operational. Additional training shall be provided as often as required at no additional cost to the City. • Training shall include instructions on the proper use of the equipment and features and briefing on safety precautions. ,Pitnev Bowes shall also make sure that City personnel have the necessary information such as telephone number, serial number, and /or customer number, to place service calls and supply orders. RFP #02 -131 31 4/23/02 4. The . Paragon mail machine shall be delivered with. an operator's instruction manual. Deliveries. are not considered complete until: a. The equipment is delivered in the configurations as ordered. b: The equipment has been properly, installed and made ready for use by Pitney Bowes' trained personnel. C. Training has been properly provided to the personnel at the delivery site. d. The responsible representatives at the site accepting delivery sign and date an acceptance certificate,- indicating that the above conditions, have been met. A signed bill' of lading or- delivery receipt obtained by the - carrier is not acceptable. C. Ea W went Performance L The mail machine supplied- by°the vendor shall be expected to perform their intended "functions, operate satisfactorily for, a.minimum of .SeeAttachment F % o of the available work time. 2. If the mail machine: does not meet the See AttachmentF % .measurement for any thirty (30).consecutive days (weekend excluded) during the contract period shall be rep laced_with,another mail: machine: of like capabilities, - which'ineets the approval of the City: Such replacement', shall be made within. three (3') working days from the date of notificationslo vendor and at cost toy the City. D. Maintenance Service Requirements L Pitney Bowes shall provide preventive and remedial maintenance service during the City's normal working hours ,&.00 a.m. -to. p.m., Monday through, Fri day, exception City holidays --'to keep the equipment in good working condition. 2. Preventive maintenance shall be performed in accordance with the manufacturer's specifications. 3. On -call remedial maintenance shall be provided on an: "as needed" basis as. determined by the City, 4. Pitney Bowes shall have an adequate inventory of spare parts iminediately available for repairs. Repair should be completed on the first visit. If the repair cannot.-be completed on the first visit,, leaving the machine inoperable, the vendor ,..shall provide a temporary backup of similar specifications at no charge to the City. RFP402 -131 32 4/23/02 5: Fully trained and qualified ;technicians shall perform all maintenance. The vendor shall furnish install, and maintain all equipment in accordance with manufacturer's specifications. 6. Repeated service calls for the same recurring problem will be not be tolerated by City. If Pitney Bowes' service technician fails to repair successfully a serious recurring problem for the thrd'time within five (5) working days, the City may have the equipment canceled and,not pay any early termination. or removal charge: If the City elects to have the equipment immediately replaced with another unit in good working order of comparable capabilities, then, the following provisions apply: a. Proposed replacement unit must meet the approval of the City General Services. b. Vendor shall bear the cost of the removal of the original equipment and the cost for delivery of the replacement unit. C. The period of contract shall remain the same as on original equipment. -d. The cost of the replacement unit shall not exceed the cost of the orlgmal unit. 7. In order to meet the needs of the City's operations, Pitney Bowes service department must have an answering service or device to record service calls in the priority in ,Which they are made after normal business hours. E. Maintenance Service Response Time 1. The maximum maintenance service response time allowed shall be four (4) normal workng.hours per call; except emergencies as defined in the following paragraph. Normal working hours are. 8:00 a.m. through 5:00 p.m., Mondays through Friday, excluding City holidays. 2. The maximum maintenance service response time allowed for emergencies shall be 4 normal working hours per.call. An emergency shall be. defined as the machine being reported as "down." a. Service calls shall be prioritized. Emergency service calls shall be given higher priority. Pitney Bowes shall respond to emergency service calls with two (2) normal working hours from the time when the calls were first placed. b. Response time shall be measured from the time when a service call is placed to'the time when Pitney Bowes" service technician arrives at the site where the machine is to be repaired. Response time shall not include the period that is not considered the, City's normal- working hours or the time the service technician takes to repair the equi- pment. RFP #02 -131 33 4/23/02 3. It pis agreed that any period in excess of the allowed response time will cause damages to be sustained by the City. Further, it is and will be extremely difficult and impractical to determine the actual damages, which maybe sustained by the City in such events. Therefore, the parties to the contract agree that the Citymay deduct $15.00 for every 15 minutes increment in excess of the allowed response time from any amounts owed the vendor. F. InvoieinQ 1. Pitney Bowes Credit L shall prepare an invoice on a monthly basis in arrears, showing a minimum of the following information - O Invoice date and number. City agreement number. (00 -000) Location, make, model and serial number. 2. Two (2) copies of the monthly shall be submitted to: Accounts Payable City of Petaluma PPBox0 Petaluma, CA 94953: 3: Vendor shall not invoice prior to completed installation and training. 'G. Payment Terms: Net 30 days. - H. Termination: The City aclnowledges that each rental is for a firm term. However, notwithstanding: anything contained to the contrary in the Agreement. . Pitney Bowes agrees that:the City may terminate this Agreement at any time with thirty (30) days prior' to Pitney Bowes , for any of the following reasons: 1. City has exhausted all funds legally available for payments to become due under this Agreement; or .2. 'Funds which have been appropriated are withheld and are not made' available to the City; or 3. An appropriation of funds for the next fiscal year is made, but prior to actual release such appropriation is withdrawn; or 4. No appropriation of funds for payments in the next fiscal year is made in the budget; or 5.1f Pitney Bowes fails to maintain the equipment. Prior to cancellation based on "failure to" maintain ", Pitney Bowes" be provided with an opport unity • RFP #02 -131 34 4%23/02 • • • RFP #02 -131 to resolve maintenance problems. "Failure to maintain" shall include failure to provide both parts and qualified technicians to, complete repair work; or 6. Pitnev Bowes _ fails to conform to the requirements of this contract; or 7. Pitnev Bowes seeks relief under any laws for the benefit of insolvency or is adjudicated bankrupt; or 8. Any legal proceedings are commenced against Pitnev Bowes which may interfere with the performance of the contract; or 9:. Pitnev Bowes has failed to supply adequate working force, or material of proper quality, or has :failed in any other respect to prosecute the work with the diligence and force specified and:intended in any of the terms of the contract. The termination notice shall be signed by the City of Petaluma City Manager At the endof the termination notice,` period:and if the City has the right to terminate, the City's obligation' under this agreement shall terminate, provided that the City has made all payments required to the date of termination, and further provided that all other obligations of the City, including the obligation to return the equipment'to which Pitnei; Bowes holds title,.have. been performed: Any costs incurred by the City an sing-out of the termination of this contract, shall be charged against Pitnev Bowes 'and its sureties. Notwithstanding ihe herein, in the event of such termination, all.monies due Pitnev Bowes or retained under the terms of the contract shall be forfeited to the City, but, such forfeiture will not release Pitnev Bowes or its sureties from liability for failure to fulfill the contract. I. Contract Administration Except as otherwise specifically provided in the Request for Proposals and resulting Purchase Contract or Purchase Order, any submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the person identified. Service.may also be made by mail, by placing a notice, submittal or communication in:an envelope with the_proper first-class postage. affixed thereto :and addressed as indicated, and depositing said envelope'in the United States mail. J. Modification This agreement shall not be modified, except in writing, by contract amendment, executed by all' parties. Oral change orders are not permitted. No change in this Request For - Quotations or resulting agreement- shall be made unless the City of Petaluma gives its prior written approval therefore. Pitnev Bowes shall be liable for. all costs resulting from, and /or satisfactorily correcting, any specification 35 4/23/02 changenot properly ordered by written modification -to the agreement and signed by the City of Petaluma City Manager. K. Assianment And Subcontracting Pitizey- Bowes shallf not assign or subcontract the work„ or any, part thereof, without the previous written consent of the City, nor shall it assign, by power of attorney or otherwise any of the money payable under this contract unless written consent -of the City has been obtained. No righf under this .contract, nor claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so- called.assignment of this contract or any part thereof, unless such assignment has been authorized bywritten consent of the City. In case Pitney Bowes is permitted to assign.monies due or to become due under this contract; the instrument of assignment shall contain a. clause subordinating the claiin:of the assignee to all prior liens for services rendered or materials supplied for the performance of work. L. Insurance Pitnev Bowes, shall provide and maintain in effect throughout the term of this contract and at no expense to the City a policy of insurancewith the scope of coverage: to b& equivalent to standard I.S.O. forms (e.g. 1973 or 19$6 Broad Form Comprehensive General Liability of Commercial General Liability etc.) WITH NO • LIMITING MODIFICATIONS, each of which shall cover liabilities arising from or alleged to have arisen from, any act or any failure to act by the contractor in' its performance under this contract and any failure to act of any not less than - one million dollars ($1,000.000.00) PER OCCURRENCE. , Pitney Bowes shall also provide and maintain -throughout :the term of this contract and at no expense to city, products, liability and toinpleted operations insurance, business autornobile liability insurance, contractual liability, and completed operations insurance, in the total amount per occurrence of not less that one million dollars ($1,000.000:00). Each 'insurance policy shall name, by endorsement, the City of Petaluma, its officers, employees and agents as additional insureds and as to such additional insureds -the insurance is I primary, and shall contain, byendorsement, across liability clause_. A' certificate of insurance specified below shall evidence the insurance required hereby. '1. _ Should Pitnev Bowes insurance consist of claims made coverage, Pitnev Bowes will be, required to A rnish evidence that said policy will continue to be in effect and enforceable . for two (2) years after the effective termination date of the contract award. If Pitnev Bowes insurance policy limits are higher than the minimum limits required by the City, such limits shall be certified sand shall apply to the coverage afforded the Cityunder the, terms and .conditions of the Contract as though required and set forth_ -in, the Contract; 2, Pitnev Bowes shall file with the City a certificate or certificates, executed by •. an agent of the insurer, which 'shall certify that the above insurance coverages are iii RFP #02 -131 36 4/23/02 effect, that the City and it officers, employees and agents are named, by endorsement; as additional insureds hereunder., that -as to such additional insureds the insurance is primary, and that each policy contains a cross liability clause. Each certificate shall also state that the insurance evidenced thereby may not be altered, reduced in amount or coverages, or terminated without thirty (30) days prior written notice thereof being'actuallyreceived by the City of Petaluma, c/o City Clerk, P. 0. Box 61, Petaluma CA 94953. NOTE: This cancellation language deviates from the standard Certificate of Insurance Accord forms and is brought to the attention of Pitney Bowes and its insurance agent. FAILURE TO COMPLY WITH THIS LANGUAGE WILL CAUSE A DELAY IN THE CONTRACT OR PAYMENTS. 3. Any deductible or self- insuranc* e. retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible or self - insurance retention as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related'investigation, claim administration and defense expenses. 4. Pitney Bowes in, rendering its performance under the contract is and shall remain an independent contractor. Pitnev Bowes shall provide and maintain throughout'the term of this contract,.at no expense to the City, Workers. Compensation Insurance, as required by 'law, for all Pitney Bowes officers and employees. Pitney Bowes shall file with the City a certificate of insurance, • executed by an authorized agent stating that such`insurance is in effect and stating that the same may not be terminated without'thirty (30) days prior written notice thereof being actually received by the City Clerk. M. ' Indemnity And Fold -Harmless Aueement Pitnev Bowes agrees to accept all responsibility-for loss or damage to any person or entity, and'w defend, ndemnify,.hol'd harmless and release the City, its officers, agents ` and employees, from and against any all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the negligent or willful misconduct in the performance by . Pitney Bowes hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type or damages or compensation payable to or for Pitney Bowes or its agents under Workers Compensation act, disability benefits acts or other employee's benefits acts. 1V. Federal And State Tax Prices :quoted shall not include Federal Excise Tax. California Sales Tax will be paid on material discretely priced in accordance with the contract payment • schedule. Sales Tax will not be applied to services. RFP #02 =131 37 4/23/02 O. Separability • If any provisions of this agreement shall be to be invalid, illegal or unenforceable, the validity; legality and enforceability of the remaining provisions shall not in any way beT affected or impaired thereby. P. California Law This agreement shall be .governed according to the laws of the State of California. Q. ImmiLyration Reform Control Act'Of 1986 Pitnev Bowes shall be responsible for compliance with the Immigration Reform Control Act of 1986. R. Comuliance'With Laws And Regulations All materials, parts and equipment furnished pursuant to these °specifications shall be in compliance with the laws and regulations of the State ofCalifornia and • OSHA. P ; shall, if requested by the City supply certification and evidence 'of such compliance. S.. Legal Requirements And Permits • Pttnev>Bowes agrees to fully comply with all local, City' ;State and Federal laws,, regulations and ordinances governing performance of contractual services required hereunder, and it will be the responsibility of Pihzey Bowes- to obtain: any and all necessary.licenses,.permits and /or clearances. T. Retention Of Records Pitnev Bowes shall be required to.retain any records necessary to document the charges for goods to be provided or services to be performed and make such records available to the City'for'inspection at the City's request for a period of four (4) years. U. Independent Contractor The pal contend that Pitnev Bowes in performing the services herein specified shall, act as an independent contractor and shall have control of its work and the manner -in which it is performed. It be free to contract for similar:sery ces -to be performed for other employers while it is under contract with the City. Pitnev Bowes is ,not to be considered an agent or employee of ther .City and is not entitled to participate in any pension, medical or dental plan, or any other benefits provided by the City to it employees. 0 RFP 402 -1 '3 1 38 4/23/02 • V. Non- Collusion,Affidavit Pitney Bowes .declares, by signing and submitting a quotation, that the quotation is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the quotation is genuine and not collusive or sham; that Pitney Bowes has not directly or indirectly induced or solicited any other contractor to put in a sham proposal, or that anyone shall refrain from bidding; that Pitney Bowes has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the contractor .or any other contractor, or to .fix any overhead profit, or cost element of the proposal price, or of that of any other contractor, or to secure any advantage against the public body awarding the agreement of anyone interested:in the proposed agreement; that all statements contained in the proposal are true; and, further, that the contractor has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof,, or the contents thereof, or divulged information or data relative thereto or paid and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. W. 'Entire Agreement This agreement along with attachments is the entire agreement between the parties. X. Securitv =0f' -Data Pitney-Bowes agrees that any data, reports ,or information provided by the City, as well as any data reports, or information generated from the processing of parking citations shall notbe disclosed to third parties without the prior written approval of the City. Pitney Bowes further agrees that any .data reports or information, provided by the City as well as any data orinformation generated from the processing of parking, citations sfiall, not be used in the production, or design of any product,, service, report or press release without the prior written approval of the City of Petaluma. Y. Patents And Rovalties Pitney Bowes if quotation is accepted, shall defend any and all suits and assume all .liability for the use of any patent process, device or article-forming a part of the apparatus or any appliance furnished under. the contract. All costs involved in fees, royalties' or claims for any patented invention, article, process or method that may be used upon or in any manner connected with the supply of this material /equipment shall be paid by P -itney Bowes Should Pitney Bowes agent or employees or any • of them be enjoined from furnishing or using any invention, article, material or plans supplied 'or required to be supplied or used under the contract, Pitney Bowes shall RFP #02 -131 39. 4/23/02 promptly.substitute other articles, materials or appliances in lieu thereof equal finish, efficiency, quality, suitability and market value and satisfactory in all respects'to the City. Or in, the event that the City elects; din. lieu of such, substitution, to .have supplied and to retain and use any such inventions, articles, materials or as may be required to be supplied, Pitney Bowes . shall pay such royalties, and secure such valid licenses as maybe: requisite for the City, its officers, agents; and employees, or any of them to use such invention article; materials or appliances without being disturbed or in anyway interfered with by any proceeding in,the law or equity on account thereof. Should Pitney Bowes neglect or refuse to make the substitution promptly or to; pay such royalties and secure such licenses as may necessary, then the City shall have the right to make such substitution or the City, may pay such royalties and secure such.licensesand charge Pitney Bowes even though final payment under the contract may have been made. Z. Performance Guarantee -Pitney Bowes guarantees that the equipment and prices proposed including maintenance and supplies, will be available to the City for the entire'•contract period. A.A. Continuance The continuan the City pis dependent upon Pitney of'any contract issued. by . • Bowes ability to provide "satisfactory service and equipment as set forth,in this agreement. BB. Year 200:0 •Compliance . All products offered by Pitney Bowes as well as third parry components of the I must be Year 20,0'0 Compliant. The software and /or hardware design to ensure year 2000 compliance shall include, but not be'limited to, century recognition of dates, calculations that: correctly corripute ,same century and multi fury and `interface values that reflect the century. cen formulas and date val None of these products should require any modification, because of date is arising• between now and the next one hundred years into the future. In any changes are`required, Pitnev Bowes will make :tl e' changes at no cost and in a time frame that is acceptable to the City. CC. Lease Of Mail Machine If Pitnev Bowes chooses to finance the proposed to the City ,through a third party leasing company, it may do so. However, such arrangements shallbe solely between Pitnev Bowes and the leasing company. The City shall remain clear of all such arrangements and shall not have to alter; or amend any -terms or conditions of this agreement'to accommodate any such arrangements. Pitney Bowes shall 'remain`the sole source of contact with the City. RFP 402 -131 40 4/23/02 DD. Annual Reports Upon City's General Service's request, Pitney Bowes s hall provide annual reports showing the monthly volumes made by the mail machine. The mail machine copier installation shall be identified in the report by location, the mail machine model, and serial number. It shall also contain -the period of time covered for the monthly volumes, and actual monthly meter readings. Upon City General Services' request, Pitney Bowes shall also provide annual reports showing the maintenance service-history. The maintenance shall include: Date and time each. service call was received by contractor. ® Date and time contractor dispatched a service technician. ® Description of problem. ® Description,of repair. V Indication of whether repair was completed on first visit. The City reserves the right to request::reports on the mail machine any time a review is required during the contract period. Reports so requested should include items listed above. I . These reports shall be provided to the City at no additional cost and shall be sent • to: City of Petaluma Attn. General, Services 11 English Street Petaluma, CA 94952 EE. Hazardous Materials Pitney Bowes shall identify all hazardous materials as required under the California Code of Regulations, Title 8,, Article 1 10, Section 5194, and the State of California Health 8i Safety Code Material Safety Data Sheets (MSDS) shall be provided by the contractor at the time of installation to General Services for all products that may contain hazardous materials. Attachments: (A) Copy of PFP 00 -000 • (B) Copy. of Parakon Proposal RFP #02 -13'1 41 4/23/02 Approved: Jennifer Meheiz (Printed oftyped name) Senior Account. Representative (Title) Date, - 4/22/02 City of Petaluma, California (Authorized Signer) Frederick C. Stouder -City Manager Date; Approyed,;as to form: City Attorney Date: I* • • RFP 402 -131 42 4/23/02 r Pitney Bovves CUSTOMER PROPOSAL For: CITY OF PETAL UMA I ENGLISH ST PETALUMA, CA 94952 -2610 March 24, 2003 PURCHASE QUOTATION QTY ITEM. PROGRAM I.D. DESCRIPTION I Mg RENTAL TRADE IN Mailing System -1 1 SPWT ISTQTGSA03 DM 1000 System - WOW (Base R ATE $0.00 Package) 1 I A00 STANDARD IntelliLink Interface / PSD I 1C00 IRENTVBS IntelliLink Subscription $45.00 $0.00 ., w /Confirmation Services {$15) 1 IFW6 ISTQTGSA03 30 lb1nterfacedWeighing I 1FA2 STANDARD Enhanced Accounting (100 Dept) $0 $675 $0.00 Software 1 SPY8 STANDARD J624 Laser Printer for _Reports (DM $235 $0.00 Series) 1 U7PS STANDARD Power Stacker for DM800, DM900, $0 $1,156 $0.00 DM1000 1 MP30 STANDARD 15/30 lb Scale Platform 1 IFW 1 STANDARD Differential Weighing; 1 DMC5 STANDARD Console for DM 1000 1 IFSI STANDARD USPS,Confirmation-Services_ Soft, are (DM800 /900/1000) - I F9DD STANDARD Confirmation Services Welcome Kit 1 F8DA STANDARD Confirmation Services Training (DM800 /900/1000) TOTALS $297A0 $25,250.00 $0.00 $25;250:00 *'* Billed quarterly for rented items. * Applicable "taxes will be added. DISCOUNT/ I Mg RENTAL TRADE IN bT—T TOTAL ANMJAL* AMOUNT*** UNITPRICE ALLOWANCE PRICE* R ATE $0.00 $0.00 $17,685 $0.00 $17,685.00 $1,990 $252.00 $0.00 $0.00 $45.00 $0.00 ., $0.00 $3,029 0.00 $3,029.00 $0 $760 $0.00 $760.00 $0 $675 $0.00 $675.00 $109 $1;385 $0:00 $1;385.00 $235 $0.00 $0.00 $130 $505 $0.00 $505.00 $0 $1,156 $0.00 $1,156.00 $0 $0.00 $0.00 $0.00 $0.00 $55 $0.00 $55.00 $0 TOTALS $297A0 $25,250.00 $0.00 $25;250:00 *'* Billed quarterly for rented items. * Applicable "taxes will be added. • Mailing System Proposal For: CITY OF PETAL UMA Proposed Equipment DM1.000 Mailing System w/ IntellLink IBIP Technology The:DM1000 system provides a leading edge, fully USPS IBIP compliant, automatic feed mailing solution for high volume mailers. The system meets all current and proposed USPS compliance issues regarding;meter security to ensure that you willnot need to make costly changes "to your system to-meet mandated US Postal regulations. The DM 1000 is configured with the Pitney Bowes Weigh -on -the -Way feature. Standard Features Include: Automatic Feeder at speeds of 260 letters per minute when pieces are uniform and .130 letters per minute in Weigh -,On- The= Way mode with Power Stacker and Console Table ➢ Secure, Sealing. . Whisper Quiet Operation (64 dba) ➢ Durability Interfaced 301b. capacity electronic scale including differential weighing p Y g _ � g ➢ 3 %a Thickness Feeding Dual Roll Tape Capability — Pressure Sensitive as well as Gummed ➢ Sharp Digital Printing. ➢ 100 Department Accounting w% Integrated Keyboard and Report Printer. 10 Job Presets ➢ Simplified Rating w/ USPS Domestic and International Rates, Fed Ex, UPS, Airborne & DHL) ➢ Auto - Oversize identifies mail that requires a postal.'surcharge based on size and.applies the correct postage without manual intervention. ➢, Auto - ;Class Selectidentifies.,mail that is overweight or oversized fora certain class and automatically- switches to the next appropriate. class and rate without manual intervention. ➢ Auto -Tape mode sets the system to automatically generate a tape as each mail piece is placed on the scale. This simplifies the repetitive processing of.heavier mail. ➢ Confirmation services include Delivery Confirmation and E- Certified ➢ IntelliIink Control Center ➢ Easy to Read Prompts ➢ USPS IBIP Compliant ➢ Modem ➢ Customer:Satisfaction Guarantee ➢ Mail Management Seminar Investment .Analysis Purchase Option 1 DM1000 w /16oz. Weigh -on- the -Way, 3`01b. Differential Scale, 100 Department Accounting,.Printer; Power,Stacker and Console Table. Item Description Commercial GSA Pricing Trade -In /Allow Net Price SPWT DM1000 $22,100.00 $18,785:00 $1,100:00 $17,685.00 1CO5 Confirm Svs 0.00 0`.00 0.00 0.00 1A05 Interface 0.00 0.00 0.00 0.00 1FW6 301b.Scale $3 $3,179.00 $150.00 $3,029.00 1FA2 100 Accts. $895.00 $760.00 0.00 $760.00 U7PS Power Stacker $1,630.00 $1,385.00 0.00 $1,385.00 MP30 Scale Platform 0.00 0.00 0.00 .0.00 1FW1 Diff. Weighing $595.00 $505.00 0.00 $505.00 DMC5 Console Table $1,360.00 $1,156.00 0.00 $1,156.00 F9DD Welcome Kit 0.00 0.00 0.00 0.00 F8DA Confirm Training 55.00 $5.5.00 0.00 $55.00 1FS1 Confirm Software 0.00 0.00 0.00 0.00 SPY8 Laser Printer 795.00 $675.00 0.00 $ 675.00 TOTALS $31,170.00 $26,500.00 1250:00 $25,250.00 Maintenance: $2,464.00-10%= $2,217.60 (After 90 day warranty period) Meter Rental: $92.25/mo. (2 year program with I" year free rental) All pricing programs are valid through February 28, 2002. Proposal provided'by: Jennifer Mehciz Senior Account Manager 1 (800) 354 - 4412 -x -3586 707 -694 -9690 Fax: 794 -8121 Jennifer.Mehciz@pb.com O.i