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:
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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.
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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(,
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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.
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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