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HomeMy WebLinkAbout1994-05-03; Municipal Water District; Resolution 8690 e 1 I/ RESOLUTION NO. 869 2 3 4 5 6 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS OF CARLSBAD, CALIFORNIA, AWARDING TWO CONTRACTS AND A BID AND AUTHORIZING THE PURCHASE OF A WATER BILLING MANAGEMENT SYSTEM WHEREAS, the Board of Directors of the Carlsbad Municipal Wate 7 would enhance an overall water billing management system; and 8 previously authorized the request for proposals for three pieces of equipn 9 WHEREAS, the City of Carlsbad staff has received proposals and lo 11 evaluated these in accordance with the Municipal Code; and 12 WHEREAS, only one bid for each piece of equipment was responsive; 2 WHEREAS, funds for the purchase of this equipment are available 13 11 water operating reserves. 14 NOW, THEREFORE, BE IT RESOLVED, as follows: 15 1. That competitive negotiations were used to purchase this equipment l6 17 of the more technical nature of the equipment, and the best offers were accept (Exhibit A) with Standard Register, 5675 Ruffin Road, San Diego, CA 921 l8 2. That the President is authorized to execute the contract attachc remittance processing system. I’ 20 3. That the President is authorized to execute the contract attachc 21 24 23 folder/inserter system. 22 (Exhibit B) with Pitney Bowes, Inc., 10410 Friars Road, San Diego, CA 92‘ Group, Inc., 1700 South El Camino Real, San Mateo, CA 94402. 25 26 27 4. That the bid for the high speed laser printer be awarded to The 5. That the Purchasing Officer is authorized to issue purchase orde remittance processing system, the folder/inserter system, and the high spc printer. 28 I/ 0 0 i1 1 2 3 4 , 6. That funds in the amount of $105,000 are appropriated from tk operating reserves to purchase the water billing management system and f year maintenance costs. 5 /I PASSED, APPROVED AND ADOPTED at a special meeting of the ( Municipal Water District held on the 3rd day of MAY by the following vote to wit: 6 7 8 9 AYES: Board Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None 10 11 12 13 ABSENT: None 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: llQctLR6h \ ALETHA L. RAUTENKRANZ, Secretary) (S EAL) 0 e* EXHIBIT A .. CONTRACT FOR PURCHASE, INSTALLATION AND SET-UP OF A .. REMITTANCE PROCESSING SYSTEM THIS CONTRACT, is made and entered into this 10th day of MAY, 1994 , by between the Carlsbad Municipal Water District, hereinafter referred to as "District" The Standard Register Company, hereinafter referred to as "Contractor". WHEREAS, the Contractor has submitted to the District a proposal to provide purchase, installation and set-up of a remittance processing system. WHEREAS, it has been determined that it is in the best interests of the District to e into the contract hereinafter contained. NOW, THEREFOREl in consideration of the mutual promises, conditions, and coven, herein contained, the parties hereto agree as follows: I, Items to be Purchased The Carlsbad Municipal Water District will purchase the following items at indicated total price: Standard Register Model S40 RPS .including: OCRA Numeric Reader MlCR encoder at 40 characters/second 512 KB main memory 16 KB Non-volatile memory Numeric keyboard 20 character alphanumeric display 5-1/4 ".high density floppy disk drive Four pocket stacker Reject return station 28 column high speed thermal printer Programmable dual line matrix endorser Interface RS-232 port to PC Workstation Table Interface Cable Software necessary to operate machine as proposed Turnkey System Price: $37,930.00 Tax $2,655.1 0 Total Delivered Price $40,585.1 0 1 of6 0 @ .. . 2. Description of System The system in paragraph one of this contract will be as described in Section 3 the Contractor's proposal and accompanying literature. 3. Responsibility for System Performance The Contractor represents that the system proposed will, perform in a man which will meet the needs of District as described in the District's request proposal. If the system does not perform at the proposed level, the Contractor no increased cost to the District, will add or upgrade equipment as necessar) meet the proposed standard. 4, Items Included in Price Included in the total cost of the system in paragraph one of this contract delivery and freight charges, installation costs, setup and 'adjustment, the cos the required performance bond, the cost of required insurance, the cost of a ( of Carlsbad license, and training, as described in section four of the proposal City personnel. 5. Delivery All equipment will be delivered to the required site at the City of Carlsbad no I than 60 calendar days after the City mails the purchase order. The Contractor advise the City of the estimated delivery date and of actual delivery date at I one week prior to that date. 6. Installation and Setup Initial setup and adjustment will be completed by the Contractor no later than E business hours after delivery, unless both City personnel and the Contractor a to a different setup and adjustment schedule. 7. Traininq of City Personnel Training of City personnel will proceed as in Section Four of the Contrac proposal. Training will be on dates agreed to by the City. Number of emplo initially trained will be decided by.the City. 2 of6 0 0 8. Payment Payment to the Contractor will be due 30 days after the Purchasing Officer isst a 'memo of acceptance. Acceptance will occur only after all equipment is instal and is operating in accordance with specifications proposed by the Contractor E other contractual obligations have been discharged to the satisfaction of Purchasing Officer. 9. Warranty The Contractor hereby supplies a warranty that the equipment, along with software, will perform as described in the Contractor's proposal after installaf and setup. 10. Equipment Maintenance Aqreement The Contractor will offer an annual service agreement covering equipm maintenance and software support. The cost will not exceed $4,560.00 for the f year and will be as described in section five of the Contractor's proposal. If District chooses to enter into the agreement, the agreement will begin the day a' acceptance of the system and will end after 365 days. 11. Faithful Performance Bond Within 10 days after the issuance of the purchase order for this equipment, Contractor will provide an executed performance bond on the form provided by City. 12. Insurance The contractor shall obtain and maintain policies of general liability insurance, E a combined policy of worker's compensation and employers liability insurance fr an insurance company authorized to do business in the State of California wh meets the requirements of -City Council Resolution No. 91-403 in an insura amount of not less than one million dollars ($1,000,000) each, unless a loc amount is approved by the City Attorney or the City Manager. This insurance st be in force before the delivery of any equipment and end after installation, se' and training is complete. 13. Business License The Contractor shall maintain a business license to operate in the City Carlsbad. 3of6 0 ..- 14. Immiqration Reform and Control Act .. The Contractor shall be aware of the requirements of the Immigration Reforr Control Act of 1986 and shall comply with those requirements including b\ limited to verifying the eligibility for employment for all agents, employee: subcontractors that are included in the contract. 15. Hold Harmless The City, its officers, and employees shall not be liable for any claims, liab penalties, fines, or any damage to goods, properties, or effects of any p whatever, nor for personal injuries or death caused by, or resulting from intentional or negligent acts, errors or omissions of the Contractor o Contractors agents, employees, or representatives. Contractor agrees to de indemnify, save free, and hold harmless the City and its officers, agent: employees against any of the foregoing claims, liabilities, penalties or including liabilities or claims by reason of alleged defects in any plan: specifications, and any cost, expense or attorney's fees which are incurred I City on account of any of the foregoing. 16. Independent Contractor It is expressly understood and agreed that the Contractor herein named is i as an Independent Contractor and not as an agent, servant, or employee City, 17. Assignment of Contract Contractor may not transfer, assign, or subcontract this, contract without written consent of the District. 18. Notice Any and all notices, notifications, changes or other matters relating to this cc shall be given in writing by the individual designated by the Contractor i agreed to, shall be effective only when received by the City at the foll address: Purchasing Department, City of Carlsbad, 1200 Carlsbad Village Carlsbad CA 92008. All notices to the Contractor from the City will be effective when mailed to the following address: Standard Register, 5675 Road STE 315, San Diego CA 92123. 4 of 6 19. 20. 21. Ill Ill //I Ill Ill Ill Ill Ill /I/ /I/ Ill Ill Ill Ill 'e '0 .. Governing Law Ali.matters regarding this contract shall be interpreted in accordance with the lau of the State of California, and any controversy that cannot be settled directly shz be initially submitted to an arbitrator mutually acceptable to the parties. Judgmer upon the arbitration award rendered may be entered by any court havin jurisdiction thereof, if the parties do not exercise their right to a judici determination. Chanqes in Contract If, in the course of this contract, changes seem merited by the Contractor or tt- District, and informal consultations by one party with the other indicate that change in the conditions of the contract is warranted and is mutually agreed to, tt Contractor or the District may request a change in this contract. Such changc shall be processed by the District in the following manner: A letter outlining tt changes shall be forwarded to the District by the Contractor describing tf changes along with any updates to charges or level of service. A supplemeni contract shall be prepared by the District and approved by the District accordance with applicable City codes. Such supplemental contract shall r render ineffective or invalidate unaffected portions of this contract. Verbal Aqreement or Conversation No verbal agreement or conversation with any officer, agent or employee of t District, either before, during or after the execution of this contract, shall affect modify any of the terms or obligations herein contained nor entitle the Consult; to any additional payment whatsoever under the terms of this contact. 5 of6 ,e I) 22. Authorized Signature The person signing this contract for the Contractor is an agent authorized by Tt Standard Register Company to bind the Contractor. IN WITNESS WHEREOF, the parties hereto have executed the contract at Carlsba California, the day and year first above written. Carlsbad Municipal Water District Contractor Claude Li4?J&gfl A. Lewis, President A Name, a.& Title Vfd6fi 637. The Standard Register Company Attest: ll/Kd&a.&, IC1_9-n. L Aletha L. Rautenkranz, Secretary Approved as to form: General Counsel V6/9v6 6 of 6 0 0 EXHIBIT 8 CONTRACT FOR FOLDERANSERTER SYSTEM PURCHASE, INSTALLATION AND SET-UP OF A THIS CONTRACT, is made and entered into this lothday of MAY, 1994 , by a between the Carlsbad Municipal Water District, hereinafter referred to as "District" a Pitney Bowes Inc., hereinafter referred to as "Contractor". WHEREAS, the Contractor has submitted to the District a proposal to provide purchase, installation and set-up of a folder/inserter system. WHEREAS, it has been determined that it is in the best interests of the District to en into the contract hereinafter contained. NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenai herein contained, the parties hereto agree as follows: 1. Items to be Purchased The Carlsbad Municipal Water District will purchase the following items at 1 indicated total price: 1 EAF430 Spectrum Base Unit $9,235.00 2 EAF431 Spectrum Insert Feeders (2,375.00 ea) $4,750.00 1 EAF432 Spectrum Folding Module $2,460.00 1 EAF434 Spectrum Sheet Feeder $2,545.00 Subtotal $18,990.00 Less Value Plus Discount -$2,500.00 Net FOB Destination $1 6,490.00 Tax (7.00%) .$I 154.30 Total Cost of Equipment $17,644.30 2. Description of Equipment The equipment in paragraph one of this contract will be as described in paragra 3.1 of the Contractor's proposal and accompanying literature. 1 of6 0 0 3. Responsibility for System Performance The Contractor represents that the system proposed will perform in a man which will meet the needs of the District as described in the District's request proposal. If the system does not perform at the proposed level, the Contract01 no increased cost to the District, will add or upgrade equipment as necessar meet the proposed standard. 4. Items Included in Price Included in the total cost of equipment in paragraph one of this contract delivery and freight charges, installation costs, setup and,adjustment, the COI the required performance bond, the cost of required insurance, the cost of a 1 of Carlsbad business license, and training, as described in paragraph four of proposal, of City personnel. 5. Delivery All equipment will be delivered to the required site at the City of Carlsbad no I; than 60 calendar days after the City mails the purchase order. 6. Installation and Setup Initial setup and adjustment will be completed by the Contractor no later than e business hours after delivery, unless both City personnel and the Contractor ag to a different setup and adjustment schedule. 7. Traininq of City Personnel As stated in the Contractor's proposal, the Contractor will conduct initial trair on all installed equipment with no limit on the number of initial trainees. 8. Payment Payment to the Contractor will be due 30 days after the Purchasing Officer iss a memo of acceptance. Acceptance will occur only after all equipment is insta and is operating in accordance with specifications proposed by the Contractor i other contractual obligations have been discharged to the satisfaction of Purchasing Officer. 2 of6 e 0 9. Warranties and Guarantees The Contractor will provide a 90-day warranty as described in paragraph 5.1 of Contractor's proposal. Also the Contractor will provide a five-year custol satisfaction guarantee as described on the Pitney Bowes certificate number 10807 RI(91) which was included in the Contractor's proposal. Both the warrt and the guarantee will start after acceptance as discussed in paragraph seve this contract. ?O. Equipment Maintenance Agreement The Contractor will offer an equipment maintenance agreement based c monthly usage of less than 42,000 equipment cycles per month for a cost nc exceed $1,502.00 for the first year as described in paragraph 5.2 and 5.3 oi Contractor's proposal. If the District chooses to enter into the agreement, agreement will begin after the initial warranty expires and will end 365 day I; 11. Faithful Performance Bond Within 10 days of the issuance of the purchase order for this equipment, Contractor will deliver to the City an executed performance bond on the provided by the City. 12. Insurance The contractor shall obtain and maintain policies of general liability insurance, a combined policy (of worker's compensation and employers liability insurance' an insurance company authorized to do business in the State of California u meets the requirements of City Council Resolution No. 91-403 in an insul amount of not less than one million dollars ($1,000,000) each, unless a I amount is approved by the City Attorney or the City Manager. This insurance be in force before the delivery of any equipment and end after the 90-day war1 period. 13. Business License The Contractor shall maintain a business license to operate in the Cis Carlsbad. 14. lmmiqration Reform and Control Act The Contractor shall be aware of the requirements of the Immigration Reforn Control Act of 1986 and shall comply with those requirements including bL 3 of 6 0 0 limited to verifying the eligibility for employment for all agents, employees a subcontractors that are included in the contract. 15. Hold Harmless The City, its officers, and employees shall not be liable for any claims, liabilitil penalties, fines, or any damage to goods, properties, or effects of any per: whatever, nor for personal injuries or death caused by, or resulting from, i intentional or negligent acts, errors or omissions of the Contractor or 1 Contractors agents, employees, or representatives. Contractor agrees to defel indemnify, save free, and hold harmless the City and its officers, agents, E employees against any of the foregoing claims, liabilities, penalties or fin including liabilities or claims by reason of alleged defects in any plans E specifications, and any cost, expense or attorney's fees which are incurred by 1 City on account of any of the foregoing. 16. Independent Contractor It is expressly understood and agreed that the Contractor herein named is act as an Independent Contractor and not as an agent, servant, or employee of i . City. 17. Assiqnment of Contract Contractor may not transfer, assign, or subcontract this, contract without PI written consent of the District. 18. Notice Any and all notices, notifications, changes or other matters relating to this contr shall be given in writing by the individual designated by the Contractor and agreed to, shall be effective only when received by the City at the follow address: Purchasing Department, City of Carlsbad, 1200 Carlsbad Village Dri Carlsbad CA 92008. All notices to the Contractor from the City will becol effective when mailed to the following address: Pitney Bowes lnc.,10410 Fri; Road, San Diego CA 92010. 19. Governinq Law All matters regarding this contract shall be interpreted in accordance with the la of the State of California, and any controversy that cannot be settled directly st be initally submitted to an arbitrator mutually acceptable to the parties. Judgmc 4of6 0 e upon the arbitration award rendered may be entered by any court ha' jurisdiction thereof,, if the parties do not exercise their right to a jud determination. 20. 21. ill lil Ill iil Ill iil Ill I// /f/ /I/ Ill /I/ Ill Ill Ill Ill Ill Ill Ill Chanqes in Contract If, in the course 0; this contract, changes seem merited by the Contractor 01 District, and informal consultations by one party with the other indicate th change in the conditions of the contract is warranted and is mutually agreed to Contractor or the District may request a change in this contract. Such chat shall be processed by the District in the following manner: A letter outlininc changes shall be forwarded to the District by the Contractor describing changes along with any updates to charges or level of service. A supplem contract shall. be prepared by the District and approved by the Distri accordance with applicable City codes. 'Such supplemental contract shai render ineffective or invalidate unaffected portions of this contract. Verbal Aqreement or Conversation No verbal agreement or conversation with any officer, agent or employee c City, either before, during or after the execution of this contract, shall affc modify any of the terms or obligations herein contained nor entitle the Cons[ to any additional payment whatsoever under the terms of this contact. 5 of 6 0 e. 22. Authorized Siqnature The person signing this contract for the Contractor is an agent authorized by Pitr Bowes Inc. to bind the Contractor. IN WITNESS WHEREOF, the parties hereto have executed the contract at Carlsb California, the day and year first above written. Carlsbad Municipal Water District Contractor &d@Z,LtU oL?;JQ 5>@& Name, Title &J&)&,&bn Pitney Bowes Attest: decThA ,I iQ h Aletha L. Rautenkranz, Secretary Approved as to form: r&.A. &. General Counsel sp/s 44 6 of 6