5-RFP-25-0076 Utility Bill Printing and Mailing Services.pdf

Procurement Division PO Box 768 Olathe, KS 66051-0768

REQUEST FOR PROPOSALS

FOR

UTILITY BILL PRINTING AND MAIL SERVICES

DATE OF ISSUE: SEPTEMBER 15, 2025 BID NUMBER:RFP-25-0076

Proposals must be received online at Bonfire no later than:

October 6, 2025, at 5:00 PM (CST)

Questions concerning this RFP shall be directed to Bonfire no later than:

September 24, 2025, by 5:00 PM (CST) Questions will be addressed via addendum on to Bonfire.

https://olatheks.bonfirehub.com/ https://olatheks.bonfirehub.com/

City of Olathe Utility Bill Printing and Mailing Services

RFP-25-0076

I. INTRODUCTION AND BACKGROUND

The purpose of this Request for Proposals (RFP) is to engage a qualified firm to manage the end-to-end process of printing, inserting, and mailing the City’s utility bills and related notices, including any supplemental billing inserts. In addition, the selected contractor will be responsible for the formatting and online presentation of utility bills. The successful firm must provide all services necessary for the printing, mailing preparation, physical mailing, and digital presentation of utility bills to City customers.

The City of Olathe Customer Services Division currently prints and mails approximately 27,000 utility bills every month, divided over four cycles each month:

Week one – 6,054 Week two – 7,810 Week three – 4,773 Week four – 7,820

There are also approximately 5,477 service interruption notices distributed monthly at the approximate rate of 1,264 per week. The City currently issues approximately 41% of its water bills electronically rather than a printed bill (e-billing).

The City anticipates a reduction in printing and mailing of paper bills over time as more customers use the e-billing system and discontinue paper billing, although it is difficult to forecast changes in customer preferences for delivery methods.

The Pantone Matching System or PMS colors used for printing required in this RFP are:

Blue – PMS 294 Orange – PMS 152 Black – PMS Black

II. SCOPE OF SERVICES

The successful contractor, by agreeing to these requirements, affirms commitment to timely delivery of all utility bills as outlined in this document. Should delivery delays become persistent or problematic, the City reserves the right to immediately terminate the contract and exercise its right to call the performance bond.

If any portion of the work is to be subcontracted, the subcontractor must be clearly identified in the respondent’s RFP submission. Regardless of any subcontracting arrangements, the primary contractor remains fully responsible for ensuring that all utility bills and service interruption notices are delivered to the Post Office, mailed, and made available online according to the established weekly schedule.

A sample mockup of the utility bill (front and back), service interruption notice, and mailing envelope is included with this RFP (see Attachments) for reference.

Print specifications, including color details, are outlined in the Fee Schedule section of this RFP. The City is open to alternative suggestions but maintains strict guidelines for the use of its logo, as specified in the City of Olathe Logo Manual (see Attachments). Contractors must match PMS colors exactly as outlined in the manual.

For every billing cycle, the contractor is required to send a confirmation email to the following City staff members. The email must confirm both the date and time data was received from the City and the date and time the bills were mailed. This requirement applies to all regular billing cycles as well as delinquency notices.

All work products generated under this contract, including reports, calculations, surveys, research, and any other deliverables—shall be considered the property of the City of Olathe. The contractor shall provide all such materials to the City within thirty (30) days following the completion of work or upon termination of the contract. The City retains the right to use or reproduce any and all materials for its purposes.

(Please see attached 2025 Bill Notice Printing Requirements Matrix)

III. PROPOSAL FORMAT

Proposals shall address all the following questions in the order in which they appear in this document. This is required to make comparison of submittals received equitable for the evaluation team. Failure to present your submittal in this manner may result in less consideration and minimal rating scores. All proposal information must be submitted electronically through Bonfire.

1. Cover Letter: provide name of Company, address, phone number, email and a brief description of your company’s history.

2. Provide a brief background and description of the respondent’s knowledge, experience, qualifications and record of performance relevant to the items identified under the Scope of Work.

3. All forms contained within this Request for Proposal package completed and signed where necessary.

4. The Proposal shall include the identification and organization of the proposed team to be assigned to this project, with individual resumes and the specific areas of responsibility of key personnel. All sub-contractors proposed to be used for this contract shall also be listed, including the information addressed above.

5. Proposals shall include examples of key personnel’s ability and experience.

6. Respondent’s proposed plan for services shall include content and scope, proposed methods of proceeding with the project work, and identify efforts or methods of keeping the City informed on the progress of the project. Respondent shall also include a proposed timeline for completion of the project.

7. Affidavit, signed and notarized

8. Fee Proposal: Pricing must be provided in a separate electronic document from the RFP response.

9. Additional information your firm wishes the City to consider in the evaluation of your proposal.

10. Exceptions & Addenda

• Any exceptions to the RFP must be clearly indicated in your proposal. Failure to do so will result in the assumption of compliance in specifications and requirements as stated.

• Indications of the receipt of all addenda must be included with your proposal.

• Fee Proposal - The fee proposal submitted shall remain valid for a period of 120 calendar days from the opening date of the RFP.

Respondents shall make NO CONTACT – either written or verbal – with members of the City of Olathe Council, City of Olathe Legal Counsel, or any City of Olathe employees during the period beginning with the issuance of this document through approval of award. Any attempt by respondents to influence any of the aforementioned individuals may be grounds to disqualify the respondents from participation in the selection process of this RFP.

It should be noted that other information provided in your response will be considered proprietary and will not be divulged during the proposal review process as authorized by K.S.A 45-217 (Kansas Open Records Act). Because contractual agreements of this nature require the expenditure of public funds and or use of public facilities, the successful proposer shall understand that portions (potentially all) of their proposal (including any final contracts) will become public record after its acceptance by the City Council.

IV. EVALUATION CRITERIA

The evaluation team will review the proposals received and rate each in accordance with the following criteria:

Project Approach: 15 Points Firm Personnel: 30 Points Quality of Similar Work: 50 Points Fee Proposal: 5 Points

The City may prepare a short list of respondents from the submitted Proposals for oral presentations to the evaluation committee. This decision will be based on the number and quality of Proposals received.

If Proposals are deemed to be of high quality, oral presentations may be waived, and finalists selected based on Proposals submitted.

In the event oral presentations are required, the City of Olathe will not be responsible for any expenses incurred by the potential respondents for these presentations. New evaluation criteria may be established for oral interviews. The City will provide the desired format and criteria prior to the oral presentations.

The final selected respondents(s) will be recommended for contracting for this work. However, if it is determined to be in the best interest of the City, all proposals may be rejected, and the City may reissue Requests for Proposals.

V. SCHEDULE

The following is a tentative project schedule:

All times are listed as Central Standard Time and are subject to change as necessary to allow for proper receipt and evaluation of proposals.

• Distribution of RFP September 15, 2025

• Questions to City by September 24 , 2025 by 5:00 PM

• Proposals due to City October 6, 2025 by 5:00 PM

• Conduct Interviews and demos Weeks of October 13 & October 20, 2025

• City Council approval requested November, 2025

VI. CONTRACT AWARD

The City anticipates entering into a contract with the individuals and/or firms who submit the proposal(s) judged by the City to be most advantageous.

Respondents shall understand that this RFP does not constitute an offer or a contract with the Respondent. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the City and executed by the parties. The City anticipates that the final contract will be in substantial conformance with the Sample Standard Contract; nevertheless, Respondents are advised that any contract which may result from the RFP may deviate from the Sample Standard Contract. Any changes to the Sample Standard Contract suggested by the Respondent must be clearly stated in your Proposal.

The City reserves the right to reject all proposals, to abandon the project, or to re-advertise for and solicit other proposals. The City may, in its discretion, waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. The City further reserves the right to negotiate any and all terms of the proposal.

PRE-CONTRACTUAL EXPENSES

The City shall not, in any event, be liable for any pre-contractual expenses incurred in the preparation of a vendor’s submittal, prior to execution of the contract by both parties. Precontractual expenses are defined as expenses incurred by the vendor in:

• Preparing and submitting qualification(s) to the City;

• Preparing and submitting proposal(s) to the City;

• Negotiations with the City on any matter related to the contract terms, professional fees, and schedule

• Any other expenses incurred by the respondent prior to reaching agreement of the contract with the City.

All prospective Proposers will be afforded an opportunity to submit statements of qualifications in response to this request and will not be discriminated against on the basis of race, religion, color, national origin, age, sex, disability or any other protected class in receiving consideration for an award of any contract entered into pursuant to this Request.

INDEMNIFICATION

Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including reasonable attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless the City and the Olathe Housing Authority and their agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of the contractor or its subcontractors. Neither acceptance of completed work nor payment therefor nor termination or expiration of this Agreement releases Consultant of its obligations under this paragraph.

APPROPRIATIONS CLAUSE

The City is subject to the Kansas Cash Basis Law. Accordingly, execution and continuation of the contract is contingent upon annual appropriation of funds by the applicable legislative body in an amount sufficient to allow performance in accordance with the terms and conditions of the contract. The City shall, upon receipt of notice by the appropriate authority that sufficient funds are not available to continue full and faithful performance of the contract, provide prompt written notice to the Respondent of such event, and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever comes first, be thereafter released of all further obligations in way related to the contract.

ATTACHMENTS

Attachment Letter Return Read Only

A Vendor Response Form X B City of Olathe Terms and Conditions X C 2025 Bill Notice Printing Requirements Matrix X D Sample Contract X

Attachment A

VENDOR RESPONSE FORM

Proposer Information:

Legal Name of Company: _____________________________________________________________________________

Doing Business As (if different): _______________________________________________________________________

Federal Tax ID Number: _______________________________________________________________________________

UEI # (Unique Entity Identifier, formerly DUNS): _________________________________________________________

Address: ____________________________________________________________________________________________

City, State, Zip Code: _________________________________________________________________________________

Contract Person: _____________________________________________________________________________________

Title: ________________________________________________________________________________________________

Phone number: ______________________________________________________________________________________

Email address: _______________________________________________________________________________________

Website: ____________________________________________________________________________________________

Company Structure and Experience:

Type of Legal Entity (Check one):

[ ] Corporation [ ] Limited Liability Company (LLC) [ ] Partnership [ ] Sole Proprietorship [ ] Other (Specify): ____________________________________________________

State of Formation/Incorporation: _________________________________________

Date Company Established (MM/DD/YYYY): ________________________________

Acknowledgement & Certifications:

1. Acknowledgement of Addenda: The undersigned Proposer acknowledges receipt of the following Addenda to this Request for Qualifications:

Addendum No. ______ Dated: ____________

Addendum No. ______ Dated: ____________

Addendum No. ______ Dated: ____________

(If no Addenda have been issued, please state "None". If more space is needed, please attach a separate sheet.)

2. General Certification: I hereby certify that the above information is true and correct to the best of my knowledge. I also certify that I hold the authority to contract with the City of Olathe/Olathe Housing Authority and that this Statement of Qualifications, including all required forms and attachments, is submitted in full understanding and acceptance of all terms, conditions, and requirements set forth in this Request for Qualifications.

Authorized Representative Name (Printed): _________________________________________

Authorized Representative Signature: ______________________________________________

Title: ______________________________________________ Date:__________________________

Attachment B

CITY OF OLATHE

INSTRUCTIONS TO RESPONDENTS AND GENERAL TERMS AND CONDITIONS

1. SCOPE: The instructions to respondents and general conditions apply to transactions for material, equipment, supplies or services with an estimated single or combined cost over $100,000.00. These conditions shall be in force unless otherwise modified by the City in this document. Respondents shall be advised that the City of Olathe is not responsible for the content of any BID package received through any 3rd party bid service other thanhttps://olatheks.bonfirehub.com/. It is the sole responsibility of the respondents to ensure the completeness of the documents received from any 3rd party source other thanhttps://olatheks.bonfirehub.com/.

2. DEFINITIONS (AS USED HEREIN):

A. The term "Request for Proposals" means a solicitation of proposals. The acronym "BID" means Request for

Proposals.

B. The term "respondents”, “supplier", “Contractor” or “respondent” means the person or organization responding to the Request for Proposals.

C. The term “Contractor/Respondent” means a person or organization who is the successful respondents and who enters into a contract with the City.

D. The term “change order” means a written order from the Procurement Manager directing the respondents to make changes to a contract.

E. The term "City" means the City of Olathe, Kansas.

F. The term “City Council” means the governing body of the City of Olathe.

3. SUBMISSION AND RECEIPT OF PROPOSALS: Proposals shall be submitted in accordance with the specific instructions contained in the BID document. Proposals must be received prior to the specified time of closing as designated in the BID. All references to time shall be Olathe, Kansas time. Late proposals will be rejected.

All proposals will be held in confidence until a contract recommendation has been made or all proposals are rejected. All materials submitted in response to this BID will become the property of the City and may be returned only at the City’s option and at the respondent’s expense.

Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, samples will be returned at the respondent's expense unless otherwise specified in the BID.

Failure to follow these procedures may be cause for rejection of proposal.

4. BID DOCUMENT MISTAKES: (Kansas statues K.S.A. 75-6901 through 75-6906). The respondent shall not be allowed to modify or correct mistakes in the BID document after the closing of the proposal. Failure to respond to the entire proposal may result in declaring the proposal as non-responsive and the proposal may be rejected.

Telephone, fax, e-mail, or verbal alterations of a proposal will not be accepted. A proposal that is in the possession of the Procurement Division may be altered only by submission of an alternate sealed proposal signed by the person authorized for responding, provided it is received prior to the time and date of closing.

Proposals may not be withdrawn after the BID closing time and date if a proposal mistake is based upon an error in judgment. If a nonjudgmental mistake, such as a math error, is suspected by the City or the respondent, the respondent shall request within two (2) business days of the BID closing for the City to consider verification of the mistake. Once a proposal has been verified, it shall be considered submitted as verified.

5. ACCEPTANCE OF OFFER: Proposals submitted shall be considered an offer on the part of the respondents; such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Price Agreement, or other contractual document.

6. PRICING: Bidder proposes to furnish and deliver items ordered from this bid F.O.B. Olathe, Kansas. Pricing shall include all travel, shipping, freight, surcharges, and handling costs. Bidder signifies that they have read all bid documents and are providing detailed, expressed warranties with this bid. It shall be unacceptable for any bidder to make the statement "see specifications" instead of listing all exceptions and additions in the specifications of this bid document. Bidders shall enter unit pricing on https://olatheks.bonfirehub.com/ where indicated. Failure to provide any requested information may result in rejection of your bid.

7. FIRM PRICES: The respondents warrant that prices, terms, and conditions quoted in their proposal will be firm for acceptance for a period of not less than ninety (90) days from the closing date unless otherwise specified in the BID.

Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed over a period of time.

8. F.O.B. OLATHE, KANSAS: Unless otherwise specified in the BID, all prices quoted by the respondents must be F.O.B.

Olathe, Kansas with all delivery, handling, surcharges, and other charges included in the proposed price. Failure to do so may cause rejection of proposal.

9. THIRD PARTY FREIGHT SERVICE: The City of Olathe may, at its discretion, use a third-party freight service to arrange for delivery of the goods ordered as a result of this solicitation. In this case, the freight terms will be FOB Destination/Third Party Prepaid.

10. DISCOUNTS: Cash discounts will be considered in determining the award. Unless otherwise specified in the BID, discounts offering 10 days or more will be taken by the City's Accounts Payable Division with payment being made on the nearest pay period subsequent to receipt, inspection, and acceptance of articles, and receipt of correct invoice(s).

11. VARIATIONS OF SPECIFICATIONS: For purposes of evaluation, respondents must indicate any variances from stated specifications or requirements, terms or conditions, no matter how slight. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with the City's specifications.

In the event that satisfactory proposals are not received, the City reserves the right to consider alternate proposals containing deviations from stated specifications as non-responsible.

12. QUALITY: Unless otherwise specified in the BID, all materials used in the manufacture or construction of supplies, materials, or equipment covered by this BID shall be new, of the latest make or model, the best quality, and highest-grade workmanship currently available.

13. ACCEPTANCE OF MATERIAL: The material delivered under this proposal shall remain the property of the respondents until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the City. It must comply with the terms herein, and fully comply with the specifications. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the respondents and return product to respondents at the respondent’s expense.

14. DELIVERY: Respondents shall indicate the number of days required to make delivery and provide installation or to complete service after receipt of a purchase order or contract. Delivery time may be considered in making an award.

15. COPYRIGHT OR PATENT RIGHTS: Respondents warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of the proposal and respondents agrees to hold the City harmless from any and all liability, loss or expense occasioned by any such violation.

16. TAXES: The City of Olathe is exempt from any taxes imposed by the State and Federal Government. Exemption certificates will be provided upon request; Kansas Tax Exempt No. KS6XLFHVA1, Exp. 10/01/2020.

17. CITY ORDINANCE #3.50.140 - LOCAL PREFERENCE STANDARDS: For supplies, materials, and equipment acquired through bids, where an award is to be made to the lowest responsive and responsible bidder, a bid from a local business may be selected over the lowest responsive and responsible bid only if:

A. The bid from the local business is responsive and responsible;

B. The quality, suitability, and usability of the supplies, materials, and/or equipment are equal to that of the lowest responsible bidder; and C. The amount of the bid of the local business does not vary more than two percent (2%) and does not exceed Five Thousand Dollars ($5,000) above the amount of the lowest responsible bid. Such a variance shall be calculated based on the total contract price.

The local preference described in this Section shall not apply to bids in which federal funds or other governmental funds are used when the use of such funds prohibits the application of local preference policies.

18. PERSONNEL PRACTICES: Respondents must comply with K.S.A... 44-1030 et. seq., mandatory provisions of the

Kansas Acts Against Discrimination as applied to state and local government contracts, which: (1) precludes discrimination against any person in the performance of work under this contract because of race, religion, color, sex, national origin or ancestry; (2) require solicitations or advertisements for employees include the phrase "equal opportunity employer"; and (3) allows the City to terminate their contract for default if provisions of the act are violated.

Chapter 2.44 of the Olathe Municipal Code also prohibits discrimination against individuals in the performance of this contract as a matter of concern to the City, since such discrimination threatens not only the rights and privileges of the inhabitants of the City but menaces the institutions and foundations of a free democratic state. The affirmative action program is designed to ensure a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to race, color, creed or religion, physical handicap, national origin or sex.

All respondents who are awarded a Class I Contract ($10,000 or more in aggregate) are required to complete a Questionnaire on Personnel Practices for the City’s Office of Fair Housing and Equal Opportunity, 200 West Santa Fe, Olathe KS 66061, 913-971-6493. Form must be completed and approved by the FHEO before contract for goods or services is in effect. Approved respondents will be issued a certification number by FHEO. Certification must be renewed annually.

The City of Olathe actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e. citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The respondents shall establish appropriate procedures and controls so no services or products in response to this BID will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

19. W-9 REQUIREMENT: The City of Olathe requires a Form W-9 (Request for Taxpayer Identification Number and Certification), updated annually, from all respondents that do business with the City of Olathe. The Form W-9 verifies the Tax Identification Number of the respondents so the City can correctly report to the IRS all funds paid to the respondents. A W-9 Form must be completed as a part of the respondent’s registration process on app.Negometrix.com. Form W-9 can also be found at http://www.irs.gov/pub/irs-pdf/fw9.pdf. No payment shall be made to respondents without a current W-9 form being filed with the City of Olathe.

http://app.negometrix.com/ http://www.irs.gov/pub/irs-pdf/fw9.pdf

20. PURCHASING CARDS: The City of Olathe has implemented a procurement card program to streamline its purchasing process and to expedite payments to its suppliers. We encourage your acceptance of the City’s VISA P-card.

Payments made to the successful respondent of this solicitation process will, if at all possible, be by use of a VISA Purchasing Card.

21. PAYMENT: Payment for materials or services received under this contract will be made upon completion of delivery for each purchase order and submission of invoice to the Accounts Payable Division, apolathe@olatheks.org or mail to PO Box 768, Olathe KS 66051-0768. Normal pay periods for the City is every other Friday.

22. INVOICING All invoices submitted for payment must be itemized to include a detailed breakdown of all items, name of person who placed order, location of work to be performed and work order number and equipment unit number.

Invoices must not exceed original estimate unless prior authorization has been given by the department supervisor or their designee. The invoice shall be mailed to the attention of Accounts Payable, PO Box 768, Olathe KS 66051- 0768 or emailed to: apolathe@olatheks.org

INVOICES MUST BE SUBMITTED TO APOLATHE@OLATHEKS.ORG WITHIN 30 DAYS OF COMPLETED WORK. Failure to submit invoices in a timely manner may result in payments being delayed.

23. PAYMENT TERMS: The City of Olathe will only accept payment terms of Net 30 days.

Will your company accept the City’s VISA P-Card for payment without additional cost? Yes No:

24. COOPERATIVE PURCHASING BY OTHER INSTITUTIONS UNDER THIS CONTRACT: If the City of Olathe awarded you the proposed Contract, you hereby agree to sell, under the prices and terms of this Contract, to any Municipal, County, Public Utility, Hospital, or Educational Institution located within the Greater Kansas City Metropolitan Trade Area? (All deliveries are to be F.O.B. Destination and there shall be no obligations on the part of any member of such chapter to utilize this Contract).

(Check One) Yes No Minimum order if, applicable $ Pricing for cooperative purchases will remain in effect through

25. INDEMNITY: Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm, or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless City and its agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of Consultant or its subcontractors.

Comply: Exception:

26. GOVERNING LAW: Any agreement resulting from this solicitation shall be interpreted under and governed by the laws of the state of Kansas.

27. ESCALATION/ DE-ESCALATION CLAUSE: In the event prevailing market conditions warrant an adjustment in contract pricing, the following escalation/de-escalation clause shall be the only clause acceptable to the City:

A. Respondents shall give written notice to the Procurement Manager of any proposed changes from contract prices not less than fifteen (15) calendar days prior to the effective date of price changes.

B. Such notice must be accompanied by a copy of the supplier’s notification to the respondents of a justifiable price change.

C. No price escalation will be authorized in excess of the amount of the increase indicated on the supplier’s notice.

mailto:apolathe@olatheks.org mailto:apolathe@olatheks.org mailto:APOLATHE@OLATHEKS.ORG

D. The approved price change shall be honored for all orders received by the respondents after the effective date of such price change.

E. Approved price changes are not applicable to orders already issued and in process at time of price change.

F. The City reserves the right to audit and/or examine any pertinent books, documents, papers, records, or invoice relating directly to price increase after reasonable notice and during normal business hours.

G. The Procurement Manager retains the right to determine whether or not such proposed price changes are in the best interests of the City.

H. If any proposed increase is found unacceptable, the Procurement Manager reserves the right to cancel the contract upon fifteen (15) calendar days’ written notice.

I. Respondents must tie any price change clause to an industry-wide or otherwise nationally recognized index or some other form of verifiable document. Respondents will put the Procurement Manager on the mailing lists for such publications so the Procurement Manager can monitor said changes. Such membership will be at no cost to the City.

J. If parties to the contract cannot agree on renewal terms, it is understood that the contract will be cancelled, and a new contract will be solicited.

28. ADDITIONAL INFORMATION: Additional information may be obtained from the Procurement Division Office at

(913) 971-9005 or www.olatheks.org.

By signing below, I hereby acknowledge that I have reviewed, understand, and agree to be bound by all terms and conditions set forth above.

By: ___________________________________________________

Printed Name: _________________________________________

Title: _________________________________________________

Firm Name: ___________________________________________

Address: ______________________________________________ http://www.olatheks.org/

Attachment C 2025 Bill Notice Printing Requirements Matric

Category Functions Standard Optional Not Available Modification Estimated

Cost Schedule Comments

Accounting Ability to invoice City of Olathe as needed for multiple fund and multiple service type break out

Administration Ability for City of Olathe to reprint a bill as needed from an online system provided by vendor

Administration Ability for Olathe staff to dynamically change the look of the bill from an online system provided by vendor

Administration Ability for Olathe staff to customize the bill using an online system provided by vendor for a subset of customers

Administration Ability for vendor to notify customers using various electronic methods (email,text)

Administration Electronic confirmation sent by vendor to City of Olathe at end of each billing process to confirm when the bills were mailed

Administration Electronic notification sent by vendor to City of Olathe when the bills and notices have been processed

Administration Ability for City staff to include messages on the bill or notice and be able to change for each billing cycle

Formatting Ability to customize the templates online with vendor provided system

Formatting Bills and notices will include a perforation to allow customers to remove the remittance section and return with their payment

Formatting Vendor can adhere to formatting guidelines required by USBank for remittance and bill processing

Interface Ability to accept delimited flat files in current format (Data Definitions included as attachments)

Interface Ability for vendor to check for the data files on a secured site and process on a regular basis

Interface Ability for vendor to integrate with NorthStar software version 6.4 to present bill seamlessly to

Online Ability for vendor to present the bill online for

Standards Bills and notices mailed no later than noon 1 day after file placed on the secured FTP site which could be any day Monday through Friday

Standards Print colors required as listed: Blue - Pantone Matching System (PMS) 294, Orange - PMS 152 Black - PMS Black

Standards Follow City logo standards as listed

Standards Printing, folding, inserting, metering, and mailing all utility bills, service interruption notices, mailing envelopes, and return envelopes with NO

DELAYS

Standards The contractor shall print the utility bills and service interruption notices on white 60# paper, size 8 ½” x 11”, front and back.

Standards Bills will include size #9 envelopes for remittance use by the customers

Standards Printed bills and notices arranged so the customer’s address and the return address are visible in the envelope window

Standards Deliver the properly prepared utility bills and service interruption notices to the United States Post Office, location to be mutually determined between the City and the contractor, per the regular weekly schedule.

System Vendor online system implementation includes training includes regular upgrades includes in person support 24x7

Attachment D Sample of City of Olathe Standard Agreement Form

CITY OF OLATHE AGREEMENT

THIS AGREEMENT is made in Johnson County, Kansas, by and between the City of Olathe, Kansas, hereinafter "City," and __________ (INSERT LEGAL NAME OF VENDOR), hereinafter "Vendor" (each individually a “Party” and collectively, the “Parties”). City needs ___________ (INSERT BRIEF DESCRIPTION OF WORK/SERVICES/GOODS), and contracts with Vendor for the work described in Vendor’s proposal in Exhibit A.

1. FEES, EXPENSES, AND SCHEDULE (or) TERM. City agrees to pay Vendor an amount not to exceed $___ (INSERT AMOUNT) for the work described in Exhibit A. If provided for in Exhibit A, Vendor will be reimbursed at the actual cost of the specified expenses. All work must be completed on or before ______________, and time is of the essence for completion of the work. (or) This contract will be a (one to five) (1-5)-year contract.

(or) This contract will be a one (1)-year contract with the option to renew for up to (max 5) additional one (1)-year periods upon the written agreement of both parties.

2. ADDITIONAL SERVICES. Vendor may provide services in addition to those listed Exhibit A when authorized in writing by City.

3. BILLING. Vendor may bill City monthly for all completed work and reimbursable expenses. Vendor must submit a bill which itemizes the work and reimbursable expenses. The bill must be mailed to the attention of Account Payable, City of Olathe, PO Box 768, Olathe, KS 66051-0768 or emailed to apolathe@olatheks.org. The bill must indicate it is for work or expenses under this Agreement (include Agreement date for identification).

4. PAYMENT. City agrees to pay Vendor within thirty (30) days of approval by the Governing Body or other agent of City in accordance with the City’s Procurement Policy. If City becomes credibly informed that any representations of Vendor provided in its billing are wholly or partially inaccurate, City may withhold payment of sums then or in the future due to Vendor until the inaccuracy and the cause thereof is corrected to City's reasonable satisfaction.

5. STANDARD OF CARE. Vendor will exercise the same degree of care, skill, and diligence in the performance of the work as is ordinarily possessed and exercised by a professional under similar circumstances. If Vendor fails to meet the foregoing standard, Vendor will perform at its own cost, and without reimbursement, any work necessary to correct errors and omissions which are caused by Vendor’s negligence.

6. TERMINATION FOR CONVENIENCE. City may terminate this Agreement for convenience by providing fifteen (15) days’ written notice to Vendor. City will compensate Vendor for all work completed and accepted and reimbursable expenses incurred to the date of its receipt of the termination notice. Compensation will not include anticipatory profit or consequential damages, neither of which will be allowed.

7. TERMINATION FOR LACK OF FUNDS. If, for whatever reason, adequate funding is not made available by City to support or justify continuation of the level of work to be provided by Vendor under this Agreement, City may terminate or reduce the amount of work to be provided by Vendor under this Agreement. In such event, City will notify Vendor in writing at least thirty (30) days in advance of such termination or reduction of work for lack of funds.

8. DISPUTE RESOLUTION. The Parties agree that disputes regarding the work will first be addressed by negotiations between the Parties. If negotiations fail to resolve the dispute, the Party initiating the claim that is the basis for the dispute may take such steps as it deems necessary to protect its interests. Notwithstanding any such dispute, Vendor will proceed with undisputed work as if no dispute existed, and City will continue to mailto:apolathe@olatheks.org pay for Vendor’s completed undisputed work. No dispute will be submitted to arbitration without both Parties’ written approval.

9. SUBCONTRACTING. Vendor may not subcontract or assign any of the work to be performed under this Agreement without first obtaining the written approval of City. Unless stated in the written approval to an assignment, no assignment will release or discharge Vendor from any obligation under this Agreement. Any person or entity providing subcontracted work under this Agreement must comply with Section 11 (Insurance).

10. OWNERSHIP OF DOCUMENTS. All final documents provided to City as part of the work provided under this Agreement, including but not limited to reports, plans, and related documents, will become City’s property except that Vendor’s copyrighted documents will remain owned by Vendor. Such documents must be clearly marked and identified as copyrighted by Vendor.

11. INSURANCE. Vendor and any subcontractor will maintain for the term of this Agreement insurance as provided in Exhibit B. Vendor will provide certificates of insurance and renewals thereof on forms acceptable to City and in the manner specified in Exhibit B.

12. INDEMNIFICATION AND HOLD HARMLESS. For purposes of this Agreement, subject to the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., Vendor agrees to indemnify, defend, and hold harmless City, its officers, appointees, employees, and agents from any and all loss, damage, liability or expense, of any nature whatsoever caused or incurred as a result of the negligence or other actionable fault of Vendor, its affiliates, subsidiaries, employees, agents, assignees, and subcontractors and their respective employees and agents.

Vendor is not required hereunder to defend City, its officers, appointees, employees, or agents from assertions that they were negligent, nor to indemnify and hold them harmless from liability based on City’s negligence.

City does not indemnify Vendor.

13. LIMITATION OF LIABILITY FOR BREACH OF CONTRACT OR NEGLIGENT PERFORMANCE. Any attempt to limit liability for breach of contract or negligent performance to the amount of the payment to Vendor by City is void. Any attempt to limit Vendor’s liability to City for consequential, exemplary, or punitive damages, or any other measure of damages permitted by law, in any action against Vendor for breach of contract is void.

14. KANSAS ACT AGAINST DISCRIMINATION. Unless Vendor employs fewer than four (4) employees during the term of this Agreement, or unless the total of all agreements (including this Agreement) between Vendor and City during a calendar year are cumulatively less than $5,000, then during the performance of this Agreement, Vendor agrees that:

a. Vendor will observe the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and will not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin, or ancestry;

b. in all solicitations or advertisements for employees, Vendor will include the phrase, "equal opportunity employer," or a similar phrase to be approved by the Kansas Human Rights Commission (“commission”);

c. if Vendor fails to comply with the way Vendor reports to the commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, Vendor will be deemed to have breached the present contract and it may be canceled, terminated, or suspended, in whole or in part, by City without penalty;

d. if Vendor is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the commission which has become final, Vendor will be deemed to have breached the present contract and it may be canceled, terminated, or suspended, in whole or in part, by the contracting agency; and

e. Vendor will include the provisions of subsections a. through d. in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

15. KANSAS OPEN RECORDS ACT. Vendor acknowledges that City is subject to the Kansas Open Records Act (K.S.A. 45-215, et seq.). City retains the final authority to determine whether it must disclose any document or other record under the Kansas Open Records Act and the manner in which such document or other record should be disclosed.

16. ENTIRE AGREEMENT. This Agreement, including all documents and exhibits included by reference herein, constitutes the entire Agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except in writing mutually agreed to by both Parties. No form or document provided by Vendor after execution of this Agreement will modify this Agreement, even if signed by both Parties, unless it: 1) identifies the specific section number and section title of this Agreement that is being modified and 2) indicates the specific changes being made to the language contained in this Agreement.

17. NO THIRD-PARTY BENEFICIARIES. Nothing contained herein will create a contractual relationship with, or any rights in favor of, any Third Party.

18. INDEPENDENT CONTRACTOR STATUS. Vendor is an independent contractor and not an agent or employee of City.

19. COMPLIANCE WITH LAWS. Vendor will abide by all applicable federal, state, and local laws, ordinances, and regulations.

20. FORCE MAJEURE CLAUSE. Neither Party will be considered in default under this Contract because of any delays in performance of obligations hereunder due to causes beyond the control and without fault or negligence on the part of the delayed Party, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, tornado, epidemic, quarantine restrictions, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the delayed Party must notify the other Party in writing of the cause of delay and its probable extent within ten (10) days from the beginning of such delay. Such notification will not be the basis for a claim for additional compensation. The delayed Party must make all reasonable efforts to remove or eliminate the cause of delay and must, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement.

21. APPLICABLE LAW, JURISDICTION, VENUE. Interpretation of this Agreement and disputes arising out of or related to this Agreement will be subject to and governed by the laws of the State of Kansas, excluding Kansas’ choice-of-law principles. Jurisdiction and venue for any suit arising out of or related to this Agreement will be in the District Court of Johnson County, Kansas.

22. SEVERABILITY. If any provision of this Agreement is determined to be void, invalid, unenforceable, or illegal for whatever reason, such provision(s) will be null and void; provided, however, that the remaining provisions of this Agreement will be unaffected and will continue to be valid and enforceable.

23. ORDER OF PRECEDENCE. If there is any conflict between the terms of this Agreement, excluding exhibits, and anything contained in the exhibits referenced herein or attached hereto, the terms and provisions of this Agreement, excluding exhibits, shall control.

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The Parties hereto have caused this Agreement to be executed this _____ day of

________________________ 20___.

CITY OF OLATHE, KANSAS

By: __________________________________

(Mayor OR City Manager OR Dept Head)

ATTEST:

________________________________ (SEAL)

City Clerk

APPROVED AS TO FORM:

City Attorney or Deputy/Assistant City Attorney

(INSERT VENDOR)

By: _____________________________

(INSERT NAME & TITLE)

(ADDRESS OF VENDOR REQUIRED)

Exhibit A Vendor’s Proposal

Exhibit B

CITY OF OLATHE INSURANCE REQUIREMENTS

These requirements apply to the vendor or contractor (“Vendor”) entering into an Agreement with the City of Olathe (“City”).

A. Insurance. Secure and maintain for the term of the Agreement insurance of such types and in at least such amounts as set forth below from a Kansas authorized insurance company which carries a Best’s Policyholder rating of “A-” or better and carries at least a Class “VII” financial rating or better, unless otherwise agreed to by City:

1. Commercial General Liability: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any commercial general liability policy of insurance. The insurance must apply separately to each insured against whom claim is made or suit is brought, subject to the limits of liability.

Limits: Per Occurrence, including Personal & Advertising Injury and Products/Completed Operations: $1,000,000; General Aggregate: $2,000,000.

2. Business Auto Insurance: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any automobile policy of insurance. Insurance must apply separately to each insured against whom claim is made or suit is brought, subject to liability limits.

Limits: All Owned Autos; Hired Autos; and Non-Owned Autos: Per occurrence, combined single limit: $500,000.

Notwithstanding the foregoing, if Vendor does not own any automobiles, then Vendor must maintain Hired and Non-Owned Auto insurance.

3. Worker's Compensation and Employer’s Liability: Workers compensation insurance must protect Vendor against all claims under applicable state Worker's Compensation laws at the statutory limits, and employer’s liability with the following limits.

Limits: $500,000 Each Accident/$500,000 Policy Limit/$500,000 Each Employee

4. Professional Liability (if applicable): Unless excused by the Agreement with the City, Vendor must maintain…