HomeMy WebLinkAbout2005-277 Contract - Northwest Mail Service
CITY Ol~
ASHLAr-JD
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: 12/0812005 B: Date RFP 1st 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 Contracto~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 agreed 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 Contracto~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 the 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.
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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 'Services' shall mean all labor, materials, plans, specifications, opinions, reports, and othl3r services 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 Contractina 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 services, transmit
instructions, receive information, interpret and define City's policies and make other decisions with respect to Contractor's
services.
5. Contractor's Services: Contractor shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Contractor shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative
to the services.
5.1.2. Cooperate with other Contractors retained by City in the exchange of information needed for
completion of the services and the project.
5.2. Contractor shall commence performance of services after receiving written authorization from the contracting
officer for work described in the RFP. Contractor shall perform the services as expeditiously as is consistent with professional
skill and care.
5.3. Contractor shall perform the services as an independent contractor in accordance with generally ae<:epted
standards in Contractor's profession. Contractor shall be responsible for the professional quality, technical ac<:urac:y and the
coordination of all services performed by Contractor. Contractor shall, without add~ional compensation, correct or revise any
error or deficiencies in the services that are caused by Contractor's negligence. City's review, approval, ae<:eptance of, or
payment for, any of the services 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 services. In the event of any breach of this contract by Contractor or negligent performance of any of
the services, 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 sent,ence 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 add~ion to the services 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 depos~ which will be mon~ored and replenished as scheduled or as needed to
process a sufficient amount of mail.
5.5 This contract may be terminated by e~her party for any reason w~ thirty (30) days written notice.
6. Assianment of Contractor's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person spec~ied in
Recital A above, who shall act as Contractor's representative in all communications and transactions with City.
6.2. Contractor will endeavor to honor reasonable spec~ic requests of City with regard to assignment of Contractor's
employees to perform services ~ the requests are consistent with sound business and professional practices.
7. ResDOnsibil~ies of City:
7.1. City will cooperate fully with Contractor to achieve the objectives of this contract.
7.2. City will arrange for ac<:ess to, and make all provisions for Contractor to enter upon, public and private property as
required for Contractor to perform the services.
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 sp&~ijically
agreed to by the contracting officer.
8.2. Contractor shall submij monthly invoices to City for Contracto~s services wijhin 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 amelndments shall
not exceed the sum specijied in Recijal A above.
9. Comoliance wijh Law:
9.1. This contract will be governed by and construed in accordance wijh laws of the State of Oregon. Contractor shall
promptly observe and comply wijh 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, 27'9C.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 ha~ 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 wijh ORS 656.017. Prior 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 insurancEl. If Contractor
is a self-insured employer, Contractor shall provide City with a certijication from the Oregon Department of Insurance and
Finance as evidence of Contracto~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 undor 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 wijhin 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 of any reuse of
plans, specijications 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 r&cords on the services, which are
adequate for evaluating Contracto~s performance. Contractor shall maintain r&cords in such a manner as to provicle a clear
distinction between the expenditures and revenues related to the proj&ct and the expendijures and revenues relatEICl to
Contracto~s other business.
11.2. Contracto~s books and records shall be made available for inspection by City at reasonable times, to verify
Contracto~s compliance wijh this contract. City shall have the right to request an audit of Contracto~s books and rElcords 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 limijed to, the negligent acts or omissions of ContractiJ~s
employees, agents, and others designated by Contractor to perform work or services attendant to this contract). C:mtractor 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
owne~s and contracto~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 automobiles.
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 occurrence 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 certificate of insurance
shall provide proof of required insurance for the duration of the contract period.
14. Defauij:
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 defauij 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 tor 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 in 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 IRecital 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 Contracto~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 docume,nts 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 matElrial 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 contract, the payment
for services at a rate of 3 percent a year, to cover inflationary factors. No other adjustments shall be made for infla.tionary factors
regardless of the amount of change in the Consumer Price Index.
21. Billina for Services and Postaae: Contractor shall bill the City separately for services and postage.
22. Postaae Rates: City agrees to pay Contractor the increase in postage rates at the time such postage rate incmases become
effective.
23. EnveloDe Storaae Fee: City agrees to pay a monthly $25.00 fee to Contractor for envelope storage.
mCTOR: """
BY ~C.S.A L ~
~ l!ature
BY \ ..:JD.J L ,~,^-1 ~
~ Print Name
TITLE \ RC2. OS t J~..J+ / CJv;NfLP-
CITY OF ASHLAND:
BY -tP'^ FI~-;?OR
DATE
/2.;/Z-j;;' (-
CONTENT REVIEW ~
DATE /2/1 10 rQ!TIDEPARTMENT HEAD
/7'" p , 9 t:>..,. tP t? ~ It:> g '/J It) It;
ACCOUNT # .., ~t? , ~ d.t! t:Jtt:' ~e:; 7~d'lt'
PURCHASE ORDER # t7 6 ~'9 7 S' ~.r~
(for City PUrpOsell only)
ft/6 ~96
.Completed IRS W-9 and Proof of required insurance form must be submitted with contract
334L
ItP$~?-L
G:\Iegal\Reeder\FINANCE\Mail Services Contract (12-05 Final).doc
5
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
rA'
> 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
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,
401K and IRS eligible
cafetena plans (including
childcare) benefits to the
amount of wages received by
the employee.
> Note: "EmployeEl" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applica.bility of this
policy, please sel3 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.lls.
Notice to Employers: This notice must be posted predominantly in areas where it can be! seen by all
employees.
7
CITY OF
7\.51-1 LAN D
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
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1 / 1
~
VENDOR: 000176
NORTHWEST MAIL SERVICE, INC
550 AIRPORT RD
MEDFORD, OR 97504
SHIP TO: Ashland Finance Deartrnent
(541) 488-5300
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Payable on receipt
Req. Del. Date: 12/1/2005
Speclallnst:
Req. No.:
Dept.: ADMINISTRATIVE SERVICES
Contact: Lee TuneberQ
Confirming? No
POSTAGE
City-wide mail
Statements for Utility BillinQ
Estimate $6,000 per month
PO is for the balance of the current
fiscal year 12/01/2005 to 06/30/2006
42,000.00
Contract for Mail Services - 3 Years
BeQinninQ date: 12/01/2005
Completion date: 12/01/2008
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUESTOTAL
TAX
FIREIGHT
TOTAL
41< ~ /0ftr
thorlzed Signature
VENDOR COpy
A request for a Purchase Order
REQUISITION FORM
-CITY OF
AS.HLAND
Date of Request:
THIS REQUEST IS A:
o Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement
o Less than $5,000
o Quotes (Optional)
Sole Source
o Written findings attached
o Quote or Pro sal attached
CooDerative Procurement
o State of ORIWA contract
o Other govemment agency contract
o Copy of contract attached
o Contract #
Invitation to BI(~
(Copies on file)
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
Reauest for PrclDosal
(Copies on file)
SDecial1 Exemll!
o Written findings attached
o Quote or Pro sal attached
Emergencv
Written findings attached
Quote or Pro sal attached
Description of SERVICES
~e,-r-~ ~~();d.e/~~~..,.
LL 13 t='i G 5;O~, ~ G:" OCJ o. -& e,y- ~o",+h
o Per attached PROPOSAL I - , 4- \ _
Ttl>>tal Cost
Item # Quantity
Unit
Description of MATERIALS
Unit PriCt.
Total Cost
Project Number ______ _ ___
"lOS!.2Jo'~O.~03L.{~ 0
Account Number::]JOQliS-08"OD- Joo..~:!-{ 0 0 ~ I 1, 5 DC>
· Items and services must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately.
$;l.. "i. 500
o Per attached QUOTE
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 ~ o'L-L , Cd ~_ L0~J\ SupervisorIDept. Head Signature: k..;t. -7 / ~r--
G: FinanceIProcedurelAPlForms\8_Requisition form revised
Updated on: 11/30/2005