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HomeMy WebLinkAbout1993-436 1 2 3 4 RESOLUTION NO. 93-436 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH MAILSORT, INCORPORATED, FOR PRESORT MAIL SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is hereby 6 authorized and directed to execute, on behalf of said city, an 7 agreement with Mailsort, Incorporated, for presort mail services, 8 a copy of which is attached hereto, marked Exhibit "A" and 9 incorporated herein by reference as fully as though set forth at 10 length. 11 SECTION 2. The authorization to execute the above referenced 12 agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 13 14 15 resolution. I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the city of San Bernardino at a rognl:::or meeting thereof, held on the 6th day 17 18 of np~".mhpT , 1993, by the following vote, to wit: 19 20 Counci1members AYES NAYS ABSTAIN ABSENT 21 NEGRETE x 22 CURLIN x 23 HERNANDEZ x 24 OBERHELMAN x 25 DEVLIN x 26 POPE-LUDLAM x 27 MILLER x 28 93-436 RESOLUTION AUTHORIZING AGREEMENT WITH ~illILSORT, INC. 1 2 3 4 5 6 7 The foregoing resolution December ,1993. 8 Approved as to form and legal content: 9 JAMES F. PENMAN 10 City Atlorne~ ~ By: ' ?--1~"'? ? C"~1.--v~ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1..ruJwL L{!1~ City Clerk ~ ~OJLduL~cv/ ~fJ41ir is hereby approved this '1t\.\..' day of .~nn R(Surt I Tom Minor, Mayor City of San Bernardino -2- .. Res. 93-436 1 A G R E E MEN T 2 THIS AGREEMENT is made and entered into this 7th day of 3 December , 1993, by and between the CITY OF SAN BERNARDINO, a 4 municipal corporation, and MAILSORT, INCORPORATED, a private 5 corporation, hereinafter referred to as city and Mailsort, 6 respectively. 7 8 NOW THEREFORE, the parties hereto agree as follows: 9 section 1. The City will provide mail upright in trays with 10 all envelopes facing in the same direction. Mail is to be sealed, 11 with the correct meter postage affixed at the discount rate, and 12 appropriate date, including the "presorted" and/or "drop shipment" 13 notations. City will provide a daily item count; and 14 section 2. The City agrees that, during the term of this 15 Agreement, all of the city's presort mail services shall be 16 provided by Mailsort; and 17 section 3. The City agrees to provide approximately 25,000 18 pieces of mail per month; and 19 section 4. Mailsort will pick up presorted mail without 20 charge, between 4:00 p.m. and 4:30 p.m. Monday through Friday 21 (excluding Postal holidays), presort the mail according to postal 22 regulations, and will deliver all mail to the postal service on the 23 correct postmark date; and 24 section 5. Mailsort will furnish weekly invoices showing the 25 total number of pieces handled, the number of pieces qualifying for 26 discount "Qualified Mail", the number of pieces of "Non-Qualified 27 Mail", and additional postage paid. Invoices are payable upon 28 IIIII 93-43& .' 1 receipt as agreed. If not paid within thirty days after 2 presentation, the unpaid balance of invoices shall bear interest at 3 the rate of 1. 5% per month. ci ty understands that the minimum 4 weekly invoice is $75.00; and 5 section 6. The City agrees to pay Mailsort a service fee of $0.021 6 $G-.-2-r for each 1-2 oz. letter-sized piece of qualified mail and 7 $0.05 for each 3-8 oz. flat-sized piece of qualified mail and also 8 the additional postage paid on city's behalf for non-qualified 9 mail; and 10 11 information it learns pertaining to City's mail; and 12 Section 8. Mailsort will be responsible for City's mail while 13 on Mailsort' s premises. Mailsort shall carry insurance coverage of 14 $1,000,000.00 per occurrence for the fair and reasonable costs 15 incurred by the City in connection with the reconstruction of lost, 16 17 18 19 improper address, postage, date or zip code; and 20 Section 10. Mailsort will not be liable for loss of postage 21 savings should it be unable to provide sorting services as a result 22 of an act of God, equipment failure, or other event outside its 23 control. In the event of such an occurrence, Mailsort will 24 promptly notify and consult with City to determine appropriate 25 interim arrangements; and 26 Section 11. If the presort discount amount established by the 27 Postal Service be altered in the future from the current level, Section 7. Mailsort will not divulge or make use of any damaged or destroyed items; and Section 9. The City shall be responsible for any penalties or additional fees charged by the postal service as a result of 28 II/II 2 93-436 . . 1 Mailsorts's service fees will be automatically adjusted to retain 2 the savings apportionment contemplated in this Agreement. For 3 example, if Mailsort's fee for an item of mail is 50% of the 4 presort discount, and if the presort discount is altered from the 5 current level, Mailsort's service fee will be automatically 6 adjusted to be equal to 50 % of the altered discount; and 7 section 12. The initial term of this Agreement is for a six- 8 month period, commencing on December 7, 1993. The term of this 9 Agreement shall be automatically renewed for successive periods of 10 one year each unless, no less than thirty days prior to the 11 expiration of the then current term, one party notifies the other 12 party in writing of its intention not to renew. 13 This agreement may be terminated at any time with thirty days 14 written notification by either party. 15 IIIII 16 11111 17 11111 18 11111 19 11111 20 11111 21 IIIII 22 11111 23 11111 24 IIIII 25 11111 26 11111 27 IIIII 28 11111 3 93-436 . - t' AGREEMENT WITH MAILSORT INCORPORATED. 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement 2 on the day and date first above shown. 3 ATTEST: 4 ~ (.) Iv:.L. ~ 5 V~~ 'ty Clerk 6 7 8 9 10 Approved as to form and legal content: 11 12 JAMES F. PENMAN city Attorney 13 ~ 14 . . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 CITY OF SAN BERNARDINO B0~~~~ / Mayor , ,-, ~;.; MAILSORT, INCORPORATED ") ~ /? ctJ1r0 By: (_ .C '-<-<-{ Lei <1:; .1 ." ;:.;,':: Ilona Miller, President