HomeMy WebLinkAboutCONSOLIDATED MAILING SERVICES LLC
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Consolidated Mailing Services, LLC
Retail Lockbox Service Contract
The Contract made and enlered inl0 this ,;2. r day of..I'~._."__, 20_~Y and l)ctween Consolidated Mailing
Services, LLC and Augusta. Georgia, a political subdivi.~ion a/flu? Stale ql'Georgia (hereinafter rderred to as
"Customer").
The parties named above agree Consolidated Mailing Services, LLC shall provide Retail l';ockbox Service to the
Customer under the following terms and conditions:
I. It is the responsibility of the Customer to notify its payors thai remittanCes shall be mailed to Customer at a
remittance address agreeable to both parties. Consolidated Mailing Services. LLC shall pick up mail at an
agreed to local specified address or the Customer shall have such remittances delivered to Consolidated
Mailing Services, LLC for processing Consolidated Mailing Services, LLC will pick up tnail according 10
Consolidated Mailing Services, LLC processing Schedule B, which may be amended from time to time by
customer and Consolidated Mailing Services, LLC
2. Consolidated Mailing Services, LLC shall use its Remittance Proc~ssing equipment and programs to
capture payment information for each payment received, provide.d such payments are accompanied by
machine readable coupons whic.h meet the fomlats and specification required by Consolidated Mailing
Services, LLC.
3. Customer authorizes Consolidated Mailing Services, LLC to endorse all checks on lheir behalf and deposit
said checks to the Customer's business office or to a local depository bank for deposit to Customer's
account.
4. Customer has sole responsihility to resolve disputed items deposited with the Customer's barn"
Consolidated Mailing Services, LLC has no responsibility and is absolved of any dispute.
5. Cons.olidated Mailing Servic~s, LLC shall provide the Customer with a Remittance Detail Report reflecting
all payment infOlnlation. This report shalJ be provided in the medhim f:pecificd by the Customer.
Examples of payment media include printed media inclucle printed reports, diskettes, or data transmission.
6. Consolidated Mailing Services, LLC shall not process any item not accompanied by a valid payment
coupon, or <lilY payment whose coupon cannotbe read by Coni;olidated Mailing Services, l.LC system.
Th~e non-processable items shall be delivered by courier the following day to the Customer for further
handling.
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7. Consolidated Mailing Services, LLC shall create a ~ record of payments processed and will deliver
the developed film to the City of AugUSta as film canisters are filled.. The film will be property of the City
of Augusta. .
8. Consolidated Mailing SerVices, LLC shall maintain a temporary backup liIe of all payments processed.
This backup file is the sole basis for recreating work which may be required in the evenl that the
transmitted output by Consolidated Mailing Services, LtC to the Customer is unusable It is the
Customer's responsibility to promptly (within 3 business days at no additional charge) report to
Consolidated Mailing Services, LLC if there is a problem with any data provided so the data can be
retrieved prior to the erasure of the backup.
9. Consolidated Mailing Services, LLC and the Customer shall each make available to the other the names
and phone nUl11bers ofop\lrational contacts who should be notified in the event of any processing
difficulties experienced by either party.
Spedal Senices Contract for
Consolidated Mailing Scrvices, LLC
09.114
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10. Chafge~ for tlus service are provide.d in the attached Proposal. Consolidated tvlailing Services, LLC Olay
amend within ninety (90) days prior to renewal of contract any fees set forth in the attached proposal
effective with renewal. Augusta Richmond County has the fights to refbse or reject any proposed increases
to Ihis contract.
II. The Customer agrees to, hold harmless Consolidated Mailing Services, LLC from and agaulst any and all
expenses, cost, claims, causes of action, and liabilities resulting from claims by third parties, which directly
or indireclly arise from the handling of, and credit given for, remittallce items handled under this <:ontraet,
it being wlderstood that Consolidated Mailing Services, l..LC acts herein as agent. for the Customer.
12. Cunsolidated Mailing Services, LLC shall not be liable 10 Customer or any other party for additional
damages to inciude consequential damages, ex.cept in the caRe of gross neglIgence, fraud, or willful
misconduct on Consolidated Mailing Service$, LLC part.
13. Strikes, tires, shortages of labor or materials, severe weather, natural disasters, or Consolidated Mailing
Services, LLC processing systems, or other cal1ses beyond the control of Consolidated Mailing Services,
LLC which shall affect Consolidated Mailing SerVices, LLC ability to pertonn hereunder shall constitute
valid grounds for suspension of Consolidated Mailing Services, L1.C performance standards until such time
as the event causing the delay has ceased to affect Consolidated Mailing Services, LLC ability to perform.
14. Tcnnination of this contract may be made by either party upon ninety (90) days written notice of the other.
This contract shall rel1lllin ill full force and effect after the effective date of cancellation with respect 10
items previously received aTld processed here.under.
15. This contract, together with all exhibits referenced herein, constitutes the entire contract between the
Consolidated Mailing Services, LLC and the Customer and supersedes all other proposals, oral or written,
between the parlies on this subject. This contract may be modified only in v,rriting and with tile mut\lal
consent of the parties hereto. This contract shall be construed and regulated under and by the laws of the
State of Georgia. .
16. Consolidated Mailing Services, L.LC agrees to safeguard Customer's confIdential or proprietary
infonnation to the same extent that Consolidated Mailing Services, LLC safeguards confidential and
proprietary infonllstion in its own business, Consolidated Mailing Services, LLC agrees to lake all
reasonable steps to prevent the disclosure, publication, or dissemination of Customer's contldential or
proprietary infomlstion to any other person, entity, or govermnental agency, except where and to the extent
specifically required by law.
17. In all cases, the parties a{,'ree to use all reasonable effort to carry out the letter and spirit of tbis Conlract and
to use good f8ithand commercial reasonableness in their dealing with one another.
I R. All claims. disputes and other matters in questions between the Customer and Consolidated Mailing
Services, LLC arising out of or r'elating to the contract, or the breach the.reof, shall be decided in the
Superior Court of Richmond County, Georgia. Consolidated Mailing Services, LLC, by executing this
Contract, specifically consent to venue in Richmond County and waive any right to contest the venue in tbe
Superior Court of Richmond County, Georgia.
19" Any and all Consolidated Mailing Services, LLC employees who are to pick up, transport or deposit or
otherwise handle checks belonging to Augusta, ur who are involved in accounting to Augusta for such
monies, pursuant to tbis contract shall be bonded in an amount not less thall $50,000.
20. CoIt~olidated Mailing Services, LLC shall maintain at all times, or shall cause its courier to maintain at all
tinles during t.he Lerm of this Contract, at Consolidated Mailing Services, LLC sole eXpCIDit:.: comprehcm,ive
and general public liability insurance coverage against claims for personal injury. death and/or property
Special Senkes Contract for
Consolidated 1'I1aillng Ser\'ites, LLC
09-114
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damage occuniug in connection with the pcrfonnallce of this Contract, with limits of (;()verage of not less
than $500,000 for penH.1llul injury (including dealh) per persoll and $1,000.000 per OC(;urrencc and not less
than $100,000 for property damage.
21 The parties agree that they arc not joint ventures or partners for any purpo:>es, but that Consolidated
Mailing Services, LLC acts as an independent contractor of the Customer. The C\lstomcr acknowledges
and agrees that it cannot und shall nol control the time, method, alldJor mallner of perfonnance under this
Contract
22. This Contract shall be for an illitialteml five (5) years, and shall automatically rel1ew tor additional term of
one (1) year up to five (5) years unless either party indicates, ill writing ilDd at Ieast 90 days' prior to the
scheduled expiration of the current teon. its desire to cancel the Contracl, Of unless the Contract is
tenn.inated in accordance with Section 14 above.
23. Consolidated Mailing Services, LLC will provide annual rebate to Augusta/Richmond County based on
doing the work outlined in this document and the attached proposal (Atiacllment A) with the exception of
the following:
, Printing Envelopes (which was agreed upon that Augusta/Richmond County Print Shop will
print ALL envelopes for its billing).
Yenr 1 ..2009 - Rebate of 3% due 1/31/2010
Year 2 - 201 0 - Rebate of 4% due 1/3\120 I I
Vear 3 -,2011 - Rebate of 5% due 1/31/2012
Year 4 - 2012.- Rebate of6% due 1/31/2013
Year 5 - 2013... Rebate of7% due 1/3112014
24. Any Augusta Richmond County Department can be added under tillS Contract as necessary and agreeable
to both the city and the Consolidated Mailing Services, LLC.
IN WITNESS WHEREOf, Consolidated Mailing SeI\'ices, LLC, Inc. and the Customer have caused this Contract to
be executed by their duly authorized officers and to be effective as of the day and year first above noted.
Consolidated Mailing Services, LLC
By: Jt:kI E ./!~_ffL -
Print Name;~;.9 plT Z. /l~/~ . -ar;;:
T;t1, A~ tlJ-t-
Customer, Authorized Representative
By Sl2- ~~ ~---
Print Name: 7~ J~p. s. ~~~ J+A.v6~
Depanments to be included:
District Attorney
License & Inspections Department
State Court
Superior Court
Tax Assessor
Tax Commission
Utilities Department
Special Services Contract for
(:ousQlidnIL-d Mailing Senices, l-LC
09-114
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