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)