HomeMy WebLinkAbout1995-048
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95-48
RESOLUTION NO.
RESOLUTION
AGREEMENT WITH
SERVICES.
OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
MASTER-SORT, INCORPORATED, FOR PRESORT MAIL
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the city of San Bernardino is hereby
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and incorporated herein by reference as fully as though set forth
at length.
SECTION 2. The authorization to execute the above referenced
agreement is rescinded if the parties to the agreement fail to
it within sixty
execute
(60)
days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH MASTER-SORT, INCORPORATED, FOR PRESORT MAIL
2 SERVICES.
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5 The foregoing resolution is hereby approved this 22nd day
of February , 1995.
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Tom Minor, Mayor
city of San Bernardino
Approved as to form
10 and legal content:
11 JAMES F. PENMAN
City Attorney
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A G R E E MEN T
THIS AGREEMENT is made and entered into this 22nd
day of
February
, 1995, by and between the CITY OF SAN BERNARDINO,
4 a municipal corporation, and MASTER-SORT, Incorporated, a private
5 corporation, herein after referred to as City and Master-Sort,
6 respectively.
7 NOW THEREFORE, the parties hereto agree as follows:
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SECTION 1. The city agrees to seal, meter (with the correct
9 date and correct discount postage rate) and make available for
10 pick-up by Master-Sort all of its 1st class letter-size mail; and
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SECTION 2. The city agrees that, during the term of this
12 Agreement, all of the City'S presort mail services shall be
13 provided by Master-Sort; and
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SECTION 3. Master-Sort agrees to pick up City'S 1st class
15 letter-size mail at300NorthDstreet.SanBernardino.CA. 92418
16 by 4:30 p.m. Monday through Friday (except for postal holidays
17 and days City Hall is closed) and deliver it to the united States
18 Post Office no later than the meter stamp date. There will be no
19 charge for pick-up and delivery of 1st class letter-size mail.
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SECTION 4. The City agrees to pay Master-Sort $.021 for
2] each piece of sorted mail. The city also agrees to reimburse
22 Master-Sort for nonqualifying mail (i.e. "residual mail" as
23 defined by the Post Office) at the rate of $.042 per piece. The
24 City will be invoiced on a monthly basis and invoices will show
25 each day's charges separately. Payment shall be due to Master-
Sort within thirty (30) days of receipt of invoice.
If the
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allowed by the united states Postal Service is increased during
the term of this Agreement, the fee or discount rate shall be
apportioned solely to Master-Sort.
SECTION 5. Master-Sort will exercise reasonable care to not
capture or retain any information from city's mail and to
maintain the confidentiality of city's mail.
SECTION 6. The City agrees that all shipments tendered or
delivered to Master-Sort for transportation shall be contained in
proper Post Office trays, shall conform to all applicable united
States Postal Service laws and regulations (including the Private
Express statute), and shall not contain anything unlawful.
SECTION 7. Master-Sort will be responsible for City's mail
from pick-up until delivery to the Post Office. However, Master-
Sort shall not be liable for non-performance or delay in the
performance of this Agreement caused by strikes, equipment
breakdowns, City's failure to timely tender or deliver its 1st
class letter-size mail, Post Office misdirection of or damage to
mail, riots, Acts of God, or other occurrences beyond its
control, or for loss, damage or destruction caused by or
resulting from such acts. In no event shall Master-Sort be
liable for consequential damages or lost profits.
SECTION 8. This agreement shall be for an initial term of
one (1) year. The agreement can renewed for additional one (1)
year terms. The agreement can be cancelled at any time by either
party with a 60 day written cancellation notice sent by certified
mail.
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SECTION 9.
In the event any party hereto institutes an
2 action or other proceeding against another party with respect to
3 this Agreement, the prevailing party shall be entitled to recover
4 its reasonable attorney's fees, in addition to any of the relief
5 to which it may be entitled.
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SECTION 10.
This agreement may only be modified by a
7 writing which is signed by both parties hereto, and which
8 expressly states it is a modification of this Agreement.
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Service fee for flats is $.05 per letter &
SECTION 11.
10 $.084 per non qualified flat.
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12 IN WITNESS whereof, the parties hereto have executed this
13 Agreement on the day and date first above shown.
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ATTEST:
CITY OF SAN BERNARDINO
B~fi(~L
/ Mayor
. Q",.(.J~L (!;L~
~ Clerk
l'u\STER-SORT INCORPORATED
BY'V0- .
Approved as to form
and legal content:
22 JAMES F. PENMAN
city Attorney
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