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HomeMy WebLinkAbout2005 S Purchasing - Orange Enterprises Courier/Mail Services~~ ,/ aocc Orange Enterprises Purchasing STATE OF NORTH CAROLINA ORANGE COUNTY CONTRACT THIS AGREEMENT, effective the 1St day of December, 2005, between ORANGE ENTERPRISES, INC., anon-stock, not-for-profit corporation with an office in Hillsborough, Orange County, North Carolina (hereafter "OE") and ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate, a political subdivision of the State of North Carolina (hereafter the "County"). WHEREAS, the County desire to enter into an agreement for OE to provide daily courier and mail processing services for County offices; NOW, THEREFORE, the parties agree as follows: A. Responsibilities of OE 1. OE will perform the duties as outlined in Attachment A, "Policies and Procedures for Courier and Mail Processing Services", which may be amended from time to time. 2. OE shall provide all equipment and personnel necessary to carry out the requirements of this agreement. 3. OE staff and OE clients shall conduct themselves in a professional manner when in County offices and will not engage in lengthy conversations with County staff or citizens in County buildings regarding non-business matters. OE staff and OE clients will refrain from entering areas within a department unless necessary to carry out the scope of work contained in this agreement. 4. OE will promptly report specific issues related to the performance of this agreement to the contact person for the County as named herein. 5. OE shall provide business insurance necessary to cover exposures created by this agreement. Orange County shall be named as an additional insured as its interests may appear. OE agrees to hold the County harmless from any and all claims against the County, its elected officials, employees, or volunteers, for injury or loss resulting from the services provided to the County pursuant to this agreement provided that this indemnity shall not be effective for damages that result from the negligence or intentional acts on part of the County. The foregoing shall not be deemed a waiver of governmental immunity by the County. Proof of insurance including proof of Worker's Compensation coverage will be presented to the County on or before the effective date of this agreement and with each renewal thereafter. Insurance coverages provided by OE shall include all persons engaged in the performance of this agreement. Coverages shall include, but shall not necessarily be limited to the following: • General liability insurance in an amount no less than $1 million • Automobile liability insurance in an amount no less than $100,000 per accident, $500,000 combined single limit per accident • Workers compensation insurance covering any person engaged in the performance of this agreement. B. County Responsibilities: 1. The County shall provide OE with schedules necessary to carry out the work in this agreement, examples of which include: schedule of stops for courier services and mail pick up and schedule of holidays observed by the County each year. 2. The County shall pay the invoices as provided for in Section D of this agreement. 3. The County shall provide instruction to County departments regarding specific processes required for the successful execution of the work contained in this agreement, an example of which is the appropriate manner for departments to identify mail for billing purposes. 4. The County will promptly report specific issues related to the performance of this agreement to the contact person for OE as named herein. 5. The County will convene, as provided for in Section G. of this agreement, semi- annual meetings between OE and the County to assess the effectiveness of the contract and .discuss procedural changes that may be in order. C. Term of Agreement This agreement shall commence on December 1, 2005 and expire at 12:00 midnight on November 30, 2008. D. Payment Terms OE shall submit for payment monthly invoices to the County in the amount of $3,700 for services provided by this agreement. OE shall submit monthly invoices for actual postage used by departments, itemized by departmental billing codes, as provided by County. OE acknowledges and agrees that a strict accounting must be maintained for the postage used by the County and any misrepresentation or inaccurate billing may have negative consequences, including, but not limited to finding OE in breach of contract, which may provide grounds for contract termination. Invoices should be addressed to the contact person {fisted herein. The County shall pay invoices, submitted by OE within 30 days of receipt of accurate invoice. E. Annual Increases Increases in contract cost shall be negotiated annually, with increases not to exceed the annual Consumer Price Index (CPI) for the previous year. Annual increases, if any, will be discussed during the semi-annual meeting in March so that agreement may be reached prior to inclusion in the County's annual budget request. 2 F. Termination Either party may terminate this agreement without cause by giving 120-days notice or if with cause as otherwise provided in this agreement by giving 30-days notice, to the other. OE acknowledges the importance of this service to County Departments and agrees that accurate delivery of mail and courier to the departments is critical to their efficient and effective daily operation. OE and the County will develop a mutually acceptable performance standard within the first month of this agreement, an articulation of which shall be attached to this agreement. Failure to meet the performance standard for a period of three consecutive months may result in the termination of this agreement. G. Quality Assurance Either party shall notify the other immediately of any issues related to the performance of this agreement in order to assure on-going performance standards are met. OE and County shall conduct semi-annual meetings in March and September each year to discuss overall contract performance. Issues raised during these meetings shall be cured by the responsible party within a time agreed to by the parties. Failure to do so may be considered breach of contract and the agreement may be terminated without further notice or as otherwise provided in this agreement. H. Independent Contractor OE shall for the purposes of this agreement be an independent contractor and as such shall not be eligible for any County benefits, including without limitation workers' compensation, medical care, disability, or retirement benefits . I. Contact Information For the purposes of this agreement the following persons shall be the primary point of contact regarding issues related to this agreement: For County: Pam Jones Orange County Director of Purchasing and Central Services 129 East King Street PO Box 8181 For Orange Enterprises: Tracy Craven, Program Services Manager Orange Enterprises, Inc. 348 Elizabeth Brady Rd Hillsborough, NC 27278 3 In witness whereof, the parties hereunto cause this agreement to be executed in their respective names. This the 7i~r~t. day of, 2006. Contractor: K Executive Dire to Witness: ecretary County: Attest: Donna S. Baker, Clerk This instrumen as been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. /~~_` ~' Finance Director 4 Attachment A Policies and Procedures Governing Courier Services Contract between Orange County and Orange Enterprises The following policies and procedures shall govern the work covered in the contract between Orange County and Orange Enterprises for mail processing and courier services for County offices, as approved by the County Commissioners on November 15, 2005. Policies and procedures may be amended from time to time as circumstances dictate, without modifying the terms of the overall contract: 1. OE shall provide courier/mail processing services to County offices between the regular business hours of Sam to 5pm, Monday through Friday, with the exception of Holidays as included on the Schedule of Holidays attached to this document and amended annually. 2. OE shall provide all equipment and personnel necessary to carry out the requirements of this contract. 3. OE shall comply with the procedures contained in the attachments to this agreement, examples of which include the courier route and certified mail log. Under the terms of this agreement, mutually agreed to procedural changes may be made from time to time to reflect changing circumstances. 4. OE shall ensure the timely and accurate processing of all US Mail. OE shall pick up mail at the Hillsborough US Post Office no later than 8:30am, or as quickly as mail may be picked up at the Post Office daily. Mail shall be processed and delivered to the Hillsborough US Post Office in time to meet the last out-bound truck (currently 4pm) on the same day it was collected from County ofi:lces; 5. OE shall ensure that all certified mail is logged in and delivered daily to the addressee department. OE shall obtain a signature of the person, or approved departmental representative receiving the certified mail on the Certified Mail log, attached to this contract. Such completed form shall be returned daily to the Director of Purchasing and Central Services, or her designee. 6. OE shall collect or deposit mail from the State courier box located at the Whitted Human Services Center, 300 West Tryon Street, Hillsborough and pick up or deliver mail to the addressee department as may be indicated. 7. OE shall take advantage of any efficiency measures, such as first-class pre-sort, that will serve to minimize the postage costs to the County. Such efficiencies shall not, however, delay the delivery of mail. 8. OE staff shall maintain strict security at all times on courier and USPS mail picked up from County offices. 9. OE shall immediately report any lost or stolen courier/mail to the Director of Purchasing and Central Services. Policies and Procedures/Orange Enterprises Courier Services Contract 2 10. OE shall provide an itemized bill by billing code (to be provided by County) to the County by the 5th day of each month for actual postage used on County mail. OE acknowledges and agrees that a strict accounting must be maintained for the postage used by the County and any misrepresentation or inaccurate billing may have negative consequences, including, but not limited to finding OE in breach of contract, which may provide grounds for contract termination. 11. Mail being spoiled or damaged by the postage machine or otherwise shall be promptly reported by OE to the Director of Purchasing and Central Services or her designee for instructions regarding replacement. ALL SPOILED OR DAMAGED MAIL SHALL BE RETURNED TO THE DIRECTOR OF PURCHASING AND CENTRAL SERVICES OR HER DESIGNEE. 12. OE shall not open any County mail and/or courier envelopes. 13. OE shall return unopened, any mail in which the receiving department cannot be identified (e.g. when the envelope is addressed only to Orange County and has no departmental identifier). The County shall mark or otherwise identify unidentifiable mail that is returned by OE and EITHER notify the appropriate receiving department OR return the mail for delivery by OE the following business day. 14. OE staff and consumers shall conduct themselves in a professional manner when in County offices and will not engage in lengthy conversations with County staff or clients in County buildings regarding non-business matters. OE staff and consumers will refrain from entering areas within a department unless necessary to carry out the scope of work contained in this contract. 15. OE will promptly report specific issues related to the performance of this agreement to the contact person for the County as named herein. 16. In the event of inclement weather and County offices are closed, OE will not be expected to operate the courier/mail services. There are times when County offices may close early or open late because of inclement weather. OE may call the County's main telephone number, (919) 732- 8181 and obtain information regarding the status of County operations from the recording; or contact the Director of Purchasing and Central Services at (919) 245-2652. In the event of early closing, all USPS mail collected from County offices during the day is to be processed and delivered to the Post Office before the end of the day. No USPS mail is to be left at the OE site overnight. Policies and Procedures/Orange Enterprises Courier Services Contract .! 3 OE will consult with the Director of Purchasing and Central Services prior to a determination not to operate the courier/mail services if the County offices are open. Policies and Procedures/Orange Enterprises Courier Services Contract Operational Schedules for Contract between Orange County and Orange Enterprises for Courier Services Operational Schedules necessary for the fulfillment of a contract between Orange County and Orange Enterprises to provide daily courier and mail services to County offices are as follows: • Route and stops (negotiated between OE and County and amended as may be required from time to time.) • Certified Mail Log (to be provided daily by OE to County) • Orange County Schedule of Holidays for 2006 (to be provided annually by County) • Departmental Billing Form with Departmental Codes (to be provided by County)