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Home My WebLink AboutFineline Printing Group/Util. 05/28/02 TUE 09:40 FAX 317 870 44~0 . FincLi~e Printing Group Utilities Dept. 2002 Appropriation ~01-7360-07; P.O. #S07536 Apl~opriation #01-6360-ff7; P.O. ~v'0~321 Contract Not To Exceed $3,000.00 Flnellne Prln~lng Group ~]002 APPROVED, A$_. IO FORM AGREEI~EENT FOR PROFESSIONAL SERVICES TI-tIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), is hereby made and entered into by and between thc City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and Fineline Printing Group (hereinafter "Professional"). RECITALS WHEREAS City owns and is responsible £or its public works, its pnblic sewer and water systems, and its infrasmacture; and WHEREAS, from time to time, City needs printing and related assistance (the "Services" in fitlfilling it~ foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the Services referenced herein; and WHEREAS, City desires to engage Professional as an independent conta'actor tbr the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants mad conditions set forth herein, City and ProfessionaI mutually agree az follows: SECTION 1. INCORPORATION OF RECITALS 1.I The foregoing Recitals are hereby incorporated into this Agretanent and made a part hereof. SECTION 2. ~COPE OF SERVICES 2.1 2.2 City desires to engage Professional as an independent contractor for the Services set forth in attached ~ incorporated herein by this reference. Professional understands mad agrees that City may, from time to timc, request Professional to provide additional or modified Services, the scope of which shall be as requested and dcfincd by the Mayor or his duly author/zed representative and attached hereto in the order approved by City_ 2.3 Time is of the essence of this Agreement. · 05/28/02 TIlE 09:41 FAX 317 870 4410 · Fiaclim: Printing Group Utilities Dept - 2002 Appropriation ~)1-7360-07; P.O. ~-S07536 Appropriafon ~!~01-6360-07; P.O. g'W(M.321 Conitact Not To Exceed $3,000,00 Finellne Printlns Group 003 SECTION 3. CITY'S RESPONS]]~ILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.3 City shall designate payment of the Services from City budget appropriation number 01-7012-06 funds. 3.4 City shall designate the Mayor or his duly authorized rcprcsantative to act on City's behalf on all maners regarding the Services. SECTION 4. 4.1 4.2 4.3 PROFESSIONAL'S RESPONSIBII2TIE$ Professional shall perform thc Scrvices pursuant to the te..s of this Agreement and within any applicable time and cost estimate. Professional shall coordinate with City its performance of the Services. Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. ~OMPENSATION $.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Three Thousand Dollars ($3,000.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice, lnvoiees shall be submitted on a form containing the same informatiou as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days fi'om the date of City's receipt of same, or be subject to a late charge of one percent (1%) of such mtpald and undisputed invoice amount for each month same remains unpaid. 5.2 Professional agrees not to provide any Semces to City that would cause the total cost of same to exceed the Estimate, without City's prior wdttan consent. 05/28/02 TUE 09:41 FAX 317 870 4410 Fi~eli~e PrL~ti~g Group Utilil~es Dept - 2002 Appropriation fi'01-7360-07; P.O. ~L~07536 Appropria:ion #01-6360-07; P.O. #W04321 Contract Not To Exceed $3,000.00 Flnellne Printing Group 004 SECTION 6. TERM Subject to the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from its Effective Date through Decenaber 31, 2002, auld shall therea~er, on the first day of January in each subsequent year, automatically renew for a period of one (1) year. ous Termination. 7.1.1 'llae obligation to provide all or any pmtion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to tmovide all or any portiou of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder. Professional shall be paid ~or all such Services rendered and expenses [ncttrred as of the date of teahination that m'e not in dispute, except that such payment amount shall not exceed tile Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7. lA Thc parties agree that prior to January l of any succeeding year in which this Agreemem remains in effect, Prbfessional may submit revised rates £or the Services to be provided hereunder during such succeeding year. Such revi.~ed rates shall tak6 effect on January 1 of such succeeding year or at such later date as the parties agree, unless City does not accept such revised rates. Notwithstanding another provision contained in this AgreemenT, if the City, in its sole discretion, decides not to accept the revised rates proposed by Professional, it may terminate this Agreement withom penalty or further obligation at any time on or a/ter the effective date of such revised rates by written notice to Professional, which t~,,aination shall become effective two (2) days al%r the date on which such notice is sent to Professional, or at such later date as is set forth in the notice. 7.2 Bindint Effect. City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 05/28/02 TUE 09:41 FAX 317 870 4410 Flnellne Prlnrlns Group ~ 00S Fia~linc Printing (~roup Utilities Dept - 2002 Appropriation t~01-7360-07: P.O. #S07536 Appropriation #0t-6360-07; P.O. #W04321 Conll'act No/To Exceed $3,000,00 7.3 No Third Pai'WBencficiaries. Nothing contained herein shall be constl'ucd to give rights or benefits to anyone other than thc parties hereto. 7.4 Relationshin. The relationship of the parties hereto ~hall be as provided for in this Agreement. and neither Professional nor any of its agents, employees or conwacto~ are City employees. Professional shall have the sole r~spo~sibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligatiol~s as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, f~s, expenses and/or damages incurred by City as a result of any claim for wagos, ben,fits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall sm'vive the t~mination of this Agreement. 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, becansc of errors and omissions, because of bodily injury, includ/ng, but not bruited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall bc no less than those .,mounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) tala' prior written notice to City. Professional shall not cause or permit the filing of any lien on any of City's property. In tile event such a lien is filed and Professional fails to rcmovc it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default. In thc event Professional: (a) repudiates, breaches or defaults under any of the tc~rns or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of thc Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifyi.ng same; or (d) bccomos insolvent, files, or has filed against it. a petition for receivership, makes a genre-al assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have thc fight to terminate all or any part of this Agreement, without liability to Professional and to exemise any other fights or remedies available to it at law or in equity. 05/28/02 TUE 09:42 FAX $17 870 4410 Flnellne Prlnrlng Group ~ oos Fineline Prin6ng Group Utilities Dept - 2002 Appropriation t~01-7360-07; ?,0. ~07536 Appropriation tt01-6360-07; P.O. #W04321 Cm~tract Not To Excccd $3~000.00 7.8 Government Comoliance. Professional agrees to comply with all present and future laws, executive orders, mits and regulations applicable to Professional's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference, and Professional agrees to indemmfy and hold harmless City from any and all losses, damages, costs, attorney fees and/or liabilities resulting from any violation of same. This indemnification obligation shall survive the termination of this Agreement. 7.9 lnd~rmi.fication. Professional shall indemni~ and hold harmless City and its officers, officials, employees and agents ~om all losses, liabilities, claims, judgments and he-ns, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or ncgligant act or omission of Professional and/or any of its employees, agents or contractors in thc p~rformance of this Agreement. This indemnification obligation shall survive the termination or this Agreement. 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in thc rseneoITllanC6 of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of ~ploymenl or any matter directly or indirectly related to ~nployment, subcontracting or work performance h~'~under because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status, This inderrmificatinn obligation shall survive the termination of this Agreement. 7.11 Scver~bilit¥. If any provision of tlxis Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions orthis Agreement which can operate independently of same shall continue in full force aid cffcct. 05/28/02 TUE 09:42 FAX 317 8?0 4410 Fineline Printing Gxoup Utilities Dept - 2002 Appropriation ~01.7360-07; P.O, ff-~07536 Appropriation #01-6350-07; P.O. #W04321 Flnellne Prlntlng Group ~007 7.12 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the pax, ties as follows: CITY: City of Carmel One Civic Square Carmel, LN 46032 ATTN: John DutTy (with a copy to thc City Attorney, Department of Law, same address) PROFESSIONAL: Fineline Printing Group 8081 Zionsville Road Indianapolis, I~ 46268 ATTN: Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, pwvided that such notice shall also then be sent as required by this paragraph within ten (10) business days fi-om the date of such oral notice. 7.13 Effect/ye Date. Thc effective date ("Effective Date") of this Agre~nent shall be thc date on which thc last of thc parties hereto executes same. 7.14 Oovernin2 Law: Lawsuits. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of thc City of Carmel, Indiana. Thc patties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only. and agree that such court is the appropriate venue for and has jurisdiction over same. 7.15 Waiver. Any delay or inaction on th,', part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such pax~y to require such performance at any time thereafter. 05/28/02 TU~ 09:42 F.4.T 31'7 870 4410 Fiueliue Printing C?roup Ufiliti,~ Dep! - 2002 Appropriation {~01-7360-07; P.O. #S07536 Appropriation ,V0 I.-d360.07; P.O. #W04321 Conu'act Not To Exceed $3,000.00 Flnellne Prlntlns 0roup ~ 0o8 Professional shah not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.17 This Agreement contains the cntire agreement of and between fl~e parties hereto with respect to the subject matter hereof, and uo prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be cffcctivc for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by mn agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision comained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained i.u this Agreement shall prevail. 7.18 Reurcsentation and Wan'ant%~, Each party hereto represents and warrants that it is authorized to cuter into this Agreement and that any person or ~utity executing this Agreement on behalf of such party has the authority to bind such party or thc party which they represent, as the case may be. 7.19 Headings. All headings and sections of this Agrcemant are inserted for convenieucc only and do not form a pan of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.20 ~dvice o f_.f_i~tt~. Thc parties wan-ant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout thc negotiation of same, and enter into same freely, voluntarily, aud without any duress, undue influence or coercion. 05/28/02 ~ 09:43 FAX 317 870 4410 Fin~line Printing Oroup Utilities Depr - 2002 Appropriation/~01-7360-07; P.O. ~07~36 Approp~/ation/~01-6360-07; P.O.//W0/311 Corm'act Not To £xc~cd $3,000.00 Flnellne Printing Grou~ ~009 IN WITNESS WHEREOF, the par'ties hereto have made and executed this Agrea'aent as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: ~/nes Brainard, Presiding Officer '~ate: ~ ~ Date: ~- 5~ ~ Date: FINELINTE PRINTING GROUP ~d Si~mmr~ Title: ~ m/TIN: 35:'/6,qO bl SSN if Sole Proprietor: ATTEST: Dian~Cordra¥, ~dvjC~ Clerk-jlrr~asurer Date: {I/f,/~,~ ~ ,] 05/28/02 TUE 09:43 FAX 317 $?0 4410 Flnellne Printing Group ~010 ......... ..~ ,,.oo ra~ ~1'[ s?o 1410 FJ-nellne Prl/zt/n~ G'rozll, I~looz Estimate Fineline PHnting Group 8081 Zionsvilla Road Indianapolis, IN 46268 317.872.4490 Pr:..:;.;~ · PrePeess · Mailing Bindery ' Media Management Carm~ IN 46032 De~r Size: #~0 Windo~ & ~ P, esular ChmntfW: 60,000 ~f ear, h hper Body: ~'Wfdts Wo~a Composition: DJ& .Provided Proofs:Laser AIl c~ in proo~ job spe~ficaiiom, tla~ ~ m- any al~ratitms necessary to for up to 30 diy~ atbr above dal~ Prbflng:. #I0 ~lV.= 2 PMS. 1 ~:l~ #9 ~, - 1PMS -.1 Side Pric~ #10 llrmdow l~v. - S1,290.00 i~ ]~v. Re~ = Sl,O20.00 Notes: Price is lined on ~eclronic files ready to OUtlet. Any probkn~ with tho fil~ will ~ corrected at S60.00 per hour. T'gRMS: ~___~~upon cra:lit app~~i~j-e~.p~ as poss~l~u~'pa~ ' du~ balance will be assu,scd~½% on ;d~ Imp~ Sales Tax of proponl h_.~m~7. ~ .>/- - 05/28/02 ~ 09:43 F~ 317 870 4410 ......... *-~..~ oxt oYu 4410 Estimate Rnaline Printing Group 8081 Zionsville Road Indianapolis, IN 46268 317.872.4490 Flnellne PrJ. nrtng Group P,t~eZ.'L~j l~tn'cJ.z~ Group 011 i~oo2 PFh'zting., h,ePress · MB/ting einde~ · MediB Management Pat C,r,ay Carm~ ~ Csrm~ ~ 4~032 $/1/o~ Desedpd~n: Monthly Rill PaSta: 2 S&~ 8 l/2zll Omm~,. 12~ooo / ~o, ooo .r~ ~2 Compo~itleg: Di~: Provid~ 05/28/02 TUE 09:43 FAll 317 870 4410 Flnellne PrinTing Group ~012 05/01/02 wi:u; I$:59 FA~ lit $79 l/lo FJ, Aellne Plrlo~l=~ Group ~003 MAILING · ESTIMATE 8081 Zlon~la Rcmd Ind~anapoKs. IN 46258 317-872-4490 Fax 317-870-44t 0 April 29, 2002 Camlel UtJrrliea Thank you for ~ opportunity to submit ~a following os~mate: Desc~pllon: Invoice Mailing Quanti~:, 2,000 to 3,000 U.S, pos'lags is not inoluded in g'li~ eatlltlaM. Payment of post~o In advance is required. Sorvioe Unit Price EsL Total Est. Total Z,000 3,000 Folder Set UP $25.00 ea. $25.00 S2S.00 Fold Invoices ,,_ $10.OO/M i S20.D0 $30.00 ir~mt 2 Plecea into #10 Window ~'$.00 $90.00 Pmrmm postal forms & mm~ S65.00 ea. ~/~tO.O0 Total $180.00 ,* _ ,~m'dmS om ~ for UP t~ ~0 raYS =ftsr alx~e dO~- P~es ae~me d pieass mee~ postal ;,;,,,d~nb fur s~e wei~N ond dlmons~s. "~~(uponct~approvaO. P~payaspmmplJyas~'~'?:_ !~d~ Afly past due I~taflco ua ~ assessed a sevJce charge of I ,,~ % m ~e r~poid babflce. 05/28/02 TUE 09:44 FA~ 317 870 4410 Flnellne Prln:ln~ Grou~ ~013 Name of Company: Address & Zip: Telephone No.: Fax No.: EXIamIT B Invoice Date: Project Name: Invoice No: Person Providing Goods/Services Date Goods/ Service Provided · Goods/Services Provided (Describe each good/service separately and in detail) Goods Cost Per Item Services Hourly Rate/ Hours Worked ITotal GRAND TOTAL Signature Printed Name