Loading...
HomeMy WebLinkAbout2005-276 Contract - Northwest Mail Service CITY Ol~ ASHLAr~D CONTRACT FOR MAIL SERVICES Contract made on the date specified below in Recital A between the City and Contractor as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND Contractor: Northwest Mail Services City Hall Address: 550 Airport Road, Medford, Oregon 97504 20 E. Main St. Ashland, Oregon 97520 Contact: Donald Sauls, President (541) 488-6002 FAX: (541) 488-5311 Telephone: (541) 779-1347 FAX: (541) 779-5896 Date of this agreement: 12/08/2005 B: Date RFP 1 st Advertised: 10/25/2005 Beginning Date: 12/01/2005 Proposal opening date: 11/17/2005 Completion Date: 12/01/2008 2.2. Contracting officer: Lee Tuneberg, Finance Director 2.3. Project Name: Mail Services Project Description: Contractor is required to provide mail processing equipment, materials and labor to process utility bills and daily mail for the City. 6.1 Contractor's representative: Donald Sauls, President 8.3. Maximum contract amount: Fee schedules submitted by Northwest Mail are attached. Attachment 1: Daily First Class Presort Services Fees, Attachment 2: Utility Bill Processing Fees. Service fees will increase 3% annually on the anniversary date of the contract as aqreed to by both parties. The total contract amount shall not exceed $75,000. B. On the date noted above, City issued a request for proposals (RFP) for services needed by City for the project described above. Contractor submitted a proposal in response to the RFP on the date noted above. C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected Contractor to provide the services covered by the RFP. City and Contractor agree as follows: 1. Relationship between City and Contractor: Contractor accepts the relationship of trust and confidence established between Contractor and City by this contract. Contractor covenants with the City to perform services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of Contractor's caliber in lhe locality of the project. Contractor further covenants to cooperate with City, City's representatives, contractors, and other interested parties in furthering the interests of City with respect to the contracted services. Contractor acknowledges that City is relying on Contractor to provide professional services in a manner that is consistent with the interests of City. 2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the construction industry, unless the context clearly indicates otherwise. As used in this contract: 2.1. "City" means the City of Ashland, Oregon. 2.2. "Contracting officer" means the person specified in Recital A above or that person's designee. 2.3. "Project" means the project described in Recital A. 2.4. "Work" or "SeNices" shall mean all labor, materials, plans, specifications, opinions, reports, and othm seNices and products which Contractor is required to provide under this contract. 3. Term: The term of this contract shall commence on the date specified in Recital A above and on the completion date specified in Recital A above, or with thirty (30) days written notice to the other party. 4. Authority of Contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the administration and interpretation of this contract. The contracting officer shall have complete authority to authorize seNices, transmit instructions, receive information, interpret and define City's policies and make other decisions with respect to Contmctor's seNices. 5. Contractor's SeNices: Contractor shall provide seNices to City that are described in the RFP. 5.1. In connection with the seNices described in the RFP, Contractor shall: 5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative to the seNices. 5.1.2. Cooperate with other Contractors retained by City in the exchange of information needed for completion of the seNices and the project. 5.2. Contractor shall commence performance of seNices after receiving written authorization from the contracting officer for work described in the RFP. Contractor shall perform the seNices as expeditiously as is consistent with ~rofessional skill and care. 5.3. Contractor shall perform the seNices as an independent contractor in accordance with generally aCGepted standards in Contractor's profession. Contractor shall be responsible for the professional quality, technical accuraGY and the coordination of all seNices performed by Contractor. Contractor shall, without additional compensation, correct or revise any error or deficiencies in the seNices that are caused by Contractor's negligence. City's review, approval, acceptance of, or payment for, any of the seNices shall not be construed to waive any of City's rights under this contract or of any cause of action arising out of Contractor's seNices. In the event of any breach of this contract by Contractor or negligent performance of any of the seNices, City's cause of action against Contractor shall not be deemed to accrue until City discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not be construed, however, to allow City to prosecute an action against Contractor beyond the maximum time limitation provided by Oregon law. 5.4 In addition to the seNices described in the scope of work section of the RFP, the City shall make advance payments for postage in the form of a $6,000 deposit which will be monitored and replenished as scheduled or as needed to process a sufficient amount of mail. 5.5 This contract may be terminated by either party for any reason with thirty (30) days written notice. 6. Assiqnment of Contractor's Personnel: 6.1. The seNices covered by this contract shall be rendered by, or under the supeNision of the person specified in Recital A above, who shall act as Contractor's representative in all communications and transactions wi':h City. 6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to assignment of Contractor's employees to perform seNices if the requests are consistent with sound business and professional practices. 7. Responsibilities of Citv: 7.1. City will cooperate fully with Contractor to achieve the objectives of this contract. 7.2. City will arrange for access to, and make all provisions for Contractor to enter upon, public and private property as required for Contractor to perform the seNices. 7.3. The contracting officer will act as liaison between City, Contractor, public agencies, and others involved in the project. 8. Payment: 2 8.1. City shall pay Contractor for services. No reimbursement will be made for expenses that are not specifically agreed to by the contracting officer. 8.2. Contractor shall submit monthly invoices to City for Contractor's services within ten days after the end of the month covered by the invoice. 8.3. Except as provided for in Section 22 "Postage Rates," total payments under this contract or any amendments shall not exceed the sum specified in Recital A above. 9. Comoliance with Law: 9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Contractor shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520, and 279C.530. 9.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who am excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209. 9.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. IJrior to commencing any work, Contractor shall certify to City that Contractor has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer, Contractor shall provide City with a certificate of insurancE!. If Contractor is a self-insured employer, Contractor shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Contractor's status. 9.4. If the amount of this contract is $16,379 or more, Contractor is required to comply with chapter 3.1:~ of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work undm this contract and to any subcontractor who performs 50% or more of the service work under this contract. Contractor is also required to post the attached notice predominantly in areas where it will be seen by all employees. Contractor shall provide City with written verification of compliance with chapter 3.12 of the Ashland Municipal Code, to the satisfaction of the City's representative, annually at or within 5 (five) business days of the anniversary date of the execution of this contract. 10. Ownershio of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless Contractor, its Contractors, agents and employees against all damages, claims, expenses and losses arising out af any reuse of plans, specifications and other documents prepared by Contractor without prior written authorization of Contractor. 11. Records: 11.1. Contractor shall develop and maintain complete books of account and other records on the servicEis, which are adequate for evaluating Contractor's performance. Contractor shall maintain records in such a manner as to provide a clear distinction between the expenditures and revenues related to the project and the expenditures and revenues relatl3d to Contractor's other business. 11.2. Contractor's books and records shall be made available for inspection by City at reasonable times, to verify Contractor's compliance with this contract. City shall have the right to request an audit of Contractor's books and records by a certified public accountant retained by City. 12. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance of this contract by Contractor (including but not limited to, the negligent acts or omissions of Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 13. Insurance: 13.1. Contractor shall, at its own expense, at all times during the term of this contract, maintain in force: 3 13.1.1. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this contract, blanket contractual liability, products and completed operations and owner's and contractor's protective insurance; 13.1.2. A professional errors and omissions liability policy; and 13.1.3. A comprehensive automobile liability policy including owned and non-owned automobilEls. 13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act, ORS 30.260-30.270, with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per o::currence for property damage. 13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable, except for the coverage required by subsection 13.1.2. 13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any work under this agreement. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. Each certifical:e of insurance shall provide proof of required insurance for the duration of the contract period. 14. Default: 14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract. 14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon lor Jackson County . 15. Termination without Cause: 15.1. In addition to the right to terminate this contract under subsection 14.3, either party may terminate by giving the other party written notice thirty (30) days prior to the termination date. 15.2. In addition to the right to terminate this contract under subsection 14.3, Contractor may complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation, to complete a report on the services performed to date of termination. 15.3. If City terminates the contract under subsection 15.2, Contractor shall be paid for all fees earned and costs incurred prior to the termination date. Contractor shall not be entitled to compensation for lost profits. 16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be n writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above. 16.2. Notices to Contractor shall be addressed to the Contractor's representative at the address provided for the Contractor in Recital A above. 17. Assianment: City and Contractor and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party. Contractor shall not assign or subcontract Contractor's rights or obligations under this contract without prior written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Contractor. 18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties. 4 19. Trade Secrets and Confidential Information: Contractor shall clearly identify specific material within all documEints that is considered a trade secret or is otherwise confidential. City agrees, to the extent allowed by state and Federal law, not to disclose to the public any identified trade secrets or confidential material. Contractor waives any and all civil claims arising from any violation of the Uniform Trade Secrets Act (ORS 646.461) if any material is disclosed to the public if such matHrial is not clearly and specifically identified by Contractor. 20. Inflation Adiustment: City shall increase annually, at the anniversary date of the beginning date of this contrac';, the payment for services at a rate of 3 percent a year, to cover inflationary factors. No other adjustments shall be made for inflationary factors regardless of the amount of change in the Consumer Price Index. 21. Billinq for Services and Postaqe: Contractor shall bill the City separately for services and postage. 22. Postaqe Rates: City agrees to pay Contractor the increase in postage rates at the time such postage rate increases become effective. 23. Envelope Storaqe Fee: City agrees to pay a monthly $25.00 fee to Contractor for envelope storage. ~;:~L ~ ~ Signature BY '- ~ o...~ L~,^-\ ~ ~ Print ~ame TITLE \ R. ~ 'S I ct~ ..J +- I O~"VrLP- CITY OF ASHLAND: BY ,tP~ ~ FINANCE DIR OR DATE /2--/~....-,z_;;' (- / / DATE t 2-{ I~ ( 0 c:;-- FederallD # 83 ~ 040 CONTENT REVIEW ~ ')~ I CITY DEPARTMENT HEAD DATE / -:.L!-}.m r--- 7 r p t? a c:>~" tP (7 6 It') ~ ijIl ~ 0 ACCOUNT # 7 r(7 d?:! e/18 0(76 &l ?~(J-O PURCHASE ORDER # P 6;.,P9 7 S' .....e..,-,,~ (for City purposes only) t06 ~96 *Completed IRS W-9 and Proof of required insurance form must be submitted with contract 334(, I tP $ t!-~ j-L G:\legaI\Reeder\FINANCE\Mail Services Contract (12-05 Final).doc 5 . CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described below must comply with City of Ashland laws regulating payment of a living wage. __111 ._~ ).- For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their limper hour effective Jun.. 30, 2005 (Increases annually every June 30 by the Consumer Price Index) employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $16,379. ).- If their employer is the City of Ashland including the Parks and Recreation Department. ).- In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages; received by the employee. ).- Note: "Employel:!" does not include temporary or part-time employees hired for less than 1040 hours in any twelve- month period. For more details on applicability of this policy, please see Ashland Municipal Code Section 3.12.020. For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can bl~ seen by all employees. 7 CITY OF ASlHLAND NORTHWEST MAIL SERVICES FEE SCHEDULE The fee schedule for our Daily First Class Presort Services is contained in Attachment 1. The fee schedule for our Utility Bill processing is contained in Attachment 2. ~ ~ ~ ~ ~ ~ ~ " (') (') (') I::> (') (') (') (') I::> 0 0 I::> I::> I::> ... 0 0 0 0 0 0 I::> I::> I::> 0 I::> 0 I::> 0 0 0 0 0 (;, ~ 0 C:;" !!l. !!l. !!l. N 0 !!l. !!l. (;, N !!l. !!l. 00 00 0> c..> N c..> (\) N ~ ~ ---l Q) 0 ~ N ~ ~ ---l .". N 00 .". ---l 0 N N U'1 U'1 U'1 0 0 0 0 0 N U'1 U'1 U'1 U'1 U'1 0 U'1 U'1 U'1 " AI lC (\) .... g, .... z 0 < CD m )> OJ s: ::l .." 3 ::l a.. Ql CD m 0 C" < a.. ..., ...... CD a: CD CD CD () CD ;4. :;- ~ 0 a.. o ..., a.. -- -- <0 ~ " ::l s- cE cE ;:+ .?1 I CD m<o CD N (J) CD 3 c ...... ;4. 0 c ..., m U'I Ql <0 CD ~ ~ ~ ~ ~~ n" 1'V~.t>.~............ CD ~~:l"~~~ - 00000>01 s:: 000000 -om ""-0 CD Ql :::;- CD ..., () !a."" 3 ::r ;:;: )> ......CD 0 CD 3 ::l a.. ......0.. 3 ::r __ ...... 0- ::l Ql ;:;: CD 3 C ; ( 0 C!: t ~ ~ - .. .. 0 OJ ~ - 0- , )> r en ... 0 .. ::r ~ ::r : m m (, ;:, ... c. CQ ~ (1) en : - ( "tl III lC CD o - .... CITY RECORDER'S COpy rA' Page 1 / 1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 ~ VENDOR: 000176 NORTHWEST MAIL SERVICE, INC 550 AIRPORT RD MEDFORD, OR 97504 SHIP TO: Ashland Finance Deartlllent (541) 488-5300 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Tenns: Payable on receipt Req. Del. Date: 12/1/2005 Speclallnst: Req. No.: Depl: ADMINISTRATIVE SEFIVICES Contact: Lee TuneberQ Confirming? No MAIL SERVICE FEES Fees for fOldinQ, insertinQ utility bills and other enclosures, barcodinQ, meterinQ, sortinQ and delivery of the mail to the Medford Post Office. Attachment 1: Daily First Class Presort Services Fees Attachment 2: Utility Bill ProcessinQ Fees PO is for the balance of the current fiscal year 12/01/2005 to 06/30/2005 15,552.00 Contract for Mail Services - 3 Year BeQinninQ date: 12/01/2005 Completion date: 12/01/2008 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX F'REIGHT TOTAL E 710.03.07.00.60340 E 710.03.08.00.60340 ~ / z../.. 7~S- Authorized Signature VENDOR COPY request for a Purchase Order REQUISITION FORM 4CITY Of AS.HLAND THIS REQUEST IS A: o Change Order(existing PO # Date of Request: 11'~~~"05'1 Required Date of Delivery/Service: f"~~~ I~I ~ I 11 t'\'JQIH\J-..j E &.,' MPlIL SE.~.:V\~E. "J,-.,J(' J pj6~ ~ 1~~C(t1 '~~ / ~ F Dr~> q . 0LJ Sy) - ')~t) - J34 'I }::-' A ~ f) L4) ~ '1lq - 5Rq In :!)~}.J A L \') l S:AI It_~ Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name SOLICITATION PROCESS Small Procurement o Less than $5,000 o Quotes (Optional) o Sole Source o Written findings attached o Quote or Pro sal attached Cooperative Procurement o State of ORlWA contract o Other government agency contract o Copy of contract attached o Contract # o Invitation to Bic! (Copies on file) Intermediate Procurement o (3) Written Quotes (Copies attached) Request for Proposal (Copies on file) o Special I Exempt o Written findings attached o Quote or Pro os03I attached o Emeraency o Written findings attached o Quote or Pro osal attached Description of SERVICES I~ t=...r::;:s r:() R- Fn LD j N (~.J ..J. N.s: '&.,-::>- 'TJ I\; ~.J L ....1../1': G I Ll.S.. .(\ N.D.. DJ H i:..,~ E 1\J C:L(")~ u Q E....S:J ~) !"Lc" c'> l:::>., '-.1 Cl. IY\ f::.T i'_F.;?_1 J...{C'.... ~ ~ ~ J' (") R.,., /U c.) AI\JW :b l;. L I \1 e: i2'y OJ:" "rHe_ 1'-1 AI L. ~n fJ-j ~ M i>.DO l2...D ?osr OF r= I c... Ii;: . o Per attached PROPOSAL Item # Quantity Unit Description of MATERIALS Unit PriCE! Total Cost o Per attached QUOTE Project Number _ _ _ _ _ _ _ _ _ _ ~IO.<:::u 0'). Clo- 6V3"10o 7i.f,J;}), I c)o AccountNumbeflLa03~-QO_~O~00 a/OO.DO * Items and selVices must be charged to the appropriate account numbers for thE! financials to ref/ect the actual expenditures accurately By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon request. Employee SignatuOad: L ~_ Supervisor/Dept. Head Signature: .oN ..r~/ d- /~- G: FinanceIProcedurelAPIFormsl8_Requisition form revised Updated on: 121112005