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Home My WebLink About4.418 Original Contract </.<llg Illl!llllj!11111111!lJ Illllllllljj 11111 INCORPORATED Edgewood (253)770-7338 (800) 878-4919 Fax (253) 770-1637 Fax (800) 878-0323 E-mail: databar@databarinc.com ~ ~ ~ ~ I;: l:! January 6, 2005 " Ms, Yvonne Ziomkowski City of Port Angeles 321 East Fifth Street Port Angeles, W A 98362 Dear Yvonne, I'd like to thank you and everyone else at the City of Port Angeles for a great relationship and the business we share. We have reviewed our costs as we are going into contract renewal and feel it is necessary to pass along the increases we have received in the last year for paper, labor and other expenses. This will only amount to a modest 2 cent per piece mailed increase, which will become effective March, 2005. Yvonne, we hope that you find us a valuable asset to the operation ofthe City of Port Angeles, and we look forward to working with you for years to come. If you have any questions please call me at (800) 878-4919, ext. 222 or on my cell phone at (253) 686- 8888. Roger S, Christofferso Director of Marketing , , ' Tacoma · Seattle · Aberdeen · Spokane · Olympia · Everett · Edgewood · Bremerton Pt. Angeles · Vancouver · Corvallis · Tri-Cities · Portland · Pendleton · BOise · Eugene 2908 MERIDIAN EAST · SUITE 201 · EDGEWOOD, WASHINGTON 98371-2111 </.<llg Edgewood (253)770-7338 (800) 878-4919 Fax (253) 770-1637 Fax (800) 878-0323 E-mail: databar@databarinc.com February 7, 2003 BeckyJ. Upton, C11C City Clerk!M:anagement Assistant City of Port Angeles PO Box 1150 Port Angeles, W A 98362-0217 Dear 11s. Upton, Thank you for returning the executed contract so quickly. We are all looking forward to working with all of you at the City of Port Angeles. Enclosed you will find your copy of the contract, signed today. Please let me know if there is anything I can help with. I can be reached at (800) 878-4919, ext. 222 or by Email atrogerc@databarinc.com. Best regards, ~~. Roger Christofferson cc: Larry Bond Tacoma · Seattle · Aberdeen · Spokane · Olympia · Everett · Edgewood · Bremerton Pt Angeles · Vancouver · Corvallis · Tri-Cities · Portland · Pendleton · BOise · Eugene 2908 MERIDIAN EAST · SUITE 201 . EDGEWOOD, WASHINGTON 98371-2111 ~ ~ </ It . " CONTRACT FOR UTILITY BILLING STATEMENTS This Agreement is made and entered into as of February A-, 2003 by and between the City of Port Angeles, Washington, herein called "Port Angeles", located at 321 East Fifth Street, Port Angeles, WA, 98362, and Databar Inc., a Washington corporation herein called "Databar", located at 2908 Meridian East Suite 201, Edgewood, WA, 98371. Now, Therefore, Port Angeles and Databar agree as follows: Terms of Agreement - This agreement starts on the date signed by both parties and'shall expire on the second (2nd) anniversary of the signing of this agreement. If neither party provides to the other written notice of its desire to not renew this Agreement at least thirty (30) days prior to the expiration of such term, then this Agreement shall automatically be renewed for an additional for one (1) year period under the same understanding. Whereas, Port Angeles desires to have a responSible, qualified and competent entity to process, collate and mail utility billings and Databar desires to obtain the right and privilege to provide such services; Scope of Service: Databar shall provide the following services and supplies: a) Utility Billing Forms as approved by Port Angeles; b) Imaging will be printed in two (2) colors on the face and one (1) color on the back. Imaging will include a bar code for lock box reading and bar coding for customer account and mailing address; c) Databar shall send an E-mail to confirm receipt of each data file, the number of billings contained in the file and the total billing amount to confirm the integrity of the data received; ( d) Processing which shall include: compilation of data, processing of data including redirection of flagged accounts, CASS certification and bar coding of addresses, imaging of variable data and statement onto a single sheet of 20# statement stock, perforated for remittance; e) Production of a single insert, printed black front and back on 8 % x 11, 20# bond paper. Inserts will change between cycles, but will be the same for entire billing cycle. Artwork for insert will be provided by Port Angeles as noted in item j) below: f) Folding and insertion of statement and one insert with #9 return envelopes into double window #10 envelope; g) Weekly mailing of statements with first class, pre-sorted postage; h) Databar shall process all utility billings within 48 hours of receipt of approval to proceed with processing of utility billing data from Port Angeles; i) Billing statements will be processed weekly, with frequency changes and corresponding pnce adjustment available at the option of Port Angeles. j) Normal turnaround for flyers, newsletters and other similar communication pieces to be included with statements is two (2) weeks in advance of mailing. k) Past Due Statements will be produced at sixty-seven cents (67~) per piece mailed at fifty dollar ($50) minimum per run, if needed. Port Angeles shall provide Databar with utility billing data via direct download to Databar's FTP site or other acceptable magnetic media form at the rate of approximately 10,000 bills per month. Testina of Data - Databar shall run 3 test files prior to commencing processing of utility billings to ensure success of processing. 1 2908 MERIDIAN EAST · EDGEWOOD, WASHINGTON 98371-2111 Payment - In consideration for this service, Port Angeles will pay the rate of fifty-four cents (54~) per statement mailed in weekly cycles under scope of service, at a minimum of one hundred dollars ($100) per billing cycle to Databar. Also, Port Angeles will pay Databar $750 for a one-time programming & layout fee. Landlord bills (bills from multiple service addresses that are sent to a common billing address) will be billed at the same rate as above for each location, and combined in a single envelope at no additional charge. Above billing rates are based on pnmarily single sheet bills. If bills with multiple sheets exceeds 3% of total, all multiple sheets will be charged at twelve cents (12~) each. Increases in Postaae and Paper Costs - Should U.S. Postal Service bulk postage rate rise during the Agreement period, the ,amount Port Angeles will pay per billing shall increase by the corresponding amount of the postage increase only. Databar shall notify Port Angeles at least one month in advance of any postage increase and shall detail the amount of the increase and its effective date. Also, should paper prices increase beyond the point that Databar can absorb, Databar will contact Port Angeles about any necessary adjustments. Retainer - Retainer is necessary to cover Databar's expenses associated with postage, forms and envelopes. Port Angeles shall pay a retainer equal to 50% of one month's total billing costs to Databar. Retainer amount shall be offset against outstanding amounts owed Databar at the termination of the Agreement with any remaining amounts refunded to Port Angeles. The retainer must be paid in full prior to first mailing. Outstanding bills must not exceed twice retainer value at any given time. Billina Method.. Databar shall submit invoices to Port Angeles as services are performed. Invoices shall detail the datesO of utility data files billed, number of bills processed, number of inserts processed, cost per billing and insert, extension of line costs and grand total. Invoices shall be sent to City of Port ' Angeles, Finance Department, P.O. Box 1150, Port Angeles, WA 98362. Notice of Delays - When either Databar or Port Angeles has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the Agreement, that party shall notify the other party within two (2) days, giving notice thereof and including all relevant information with respect to the other party. If allotted time for data transfer to Databar is missed or return of approval is delayed, turnaround guarantee does not apply; however, Databar will process work as quickly as possible. Independent Contractor Status - Databar is an independent contractor and not an employee, joint venture, partner or other agent of Port Angeles. Databar's employees or contract personnel are not Port Angeles employees. Databar and Port Angeles agree to the following rights consistent with an independent contractor relationship: a) Databar has the right to perform services for others during the term of this Agreement. b) Databar has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed. Databar agrees to perform such services in a substantially workmanlike manner to a standard customary within the industry. c) Databar will furnish all equipment and materials used to provide the services required by this Agreement. d) Databar has the right to hire assistants as subcontractors, or to use its employees to provide the services required under this Agreement. ? 2908 MERIDIAN EAST · EDGEWOOD, WASHINGTON 98371-2111 ; '/ e) Databar will provide all personnel necessary to perform the services required under this Agreement, and Port Angeles shall not hire, supervise or pay any of Databar's contracted or employed personnel. Confidentiality of Records - Databar acknowledges that all information received from Port Angeles, in whatsoever format and/or form, is confidential and proprietary information, and does not constitute a public record to the extent that such information is exempted by RCW 42.17.310. Databar will not disclose nor allow, permit or make available for disclosure, or use, either during or after the term of this Agreement, any information received from Port Angeles without Port Angeles' prior written consent except to the extent necessary to perform its services under this Agreement. Upon termination of Databar's services to Port Angeles, or at Port Angeles' request, Databar shall deliver to Port Angeles all information in its possession either in written or electronic form, and verify that all additional databases or other electronic possession of this information has been permanently deleted. Time of Essence - Time is of the essence in regard to the performance of any of the terms and/or conditions of this Agreement. Should a dispute arise concerning the breach, interpretation or enforcement of this Agreement, venue shall be placed in Clallam County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be awartied as judgment reasonable attorney's fees and costs. Contact Personnel - The contact person for Databar services shall be Terry Randolph at (800) 678- 3282, ext. 344, and the backup person shall be Larry Bond at (360) 344-3182. The contact person at Port Angeles shall be Judy Hamilton, Utility Billing Specialist at (360) 417-4622, City of Port Angeles, Washington. Severabilitv - The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. Waiver - No waiver of a breach of any provision of the Agreement by either Databar or Port Angeles shall constitute a waiver of any other breach of the same provision or any other provision of the Agreement. Failure of either Port Angeles or Databar to enforce at any time, or from time to time, any pr-ovisions of this Agreement, shall not be construed as a waiver of such provision or breach. The remedies herein reserved shall be cumulative and additional to any other remedies in law or in equity Entire Aareement - This Agreement constitutes the entire Agreement between Port Angeles and Databar. It supersedes all prior communications, agreements, contracts and promises, either oral or written, by Port Angeles and Databar. No modification of the terms of this Agreement shall be effective unless agreed to in writing by both Port Angeles and Databar. Assianabilitv - This Agreement may not be assigned by either party without the express written consent of the non-assigning party. City of Port Angeles, Washington DA TABAR, INC.: , . ~~ ~nn Wiggins Mayor Roger . Christofferson Director of Operations Dale .;?/~~ ./ Date: . -' I., ) \ . ~--' ;;2 ~"'"5-- 03 " ~ ' ~ 2908 MERIDIAN EAST · EDGEWOOD, WASHINGTON 98371-2111 ~ORTANGELHS W AS 1:-1' I N ,G' TON', U..S. A. CITY MANAGER'S OFFICE February 6, 2Q03 Roger ,So q~ristofferson , DireCtor Df Opetati9p.s Databar, Inc., ' , _ 2908 ,Meriqian Easte, Suite 201 Edgewood, IN A 9837~'. ' Xe:: Co~tract\~'ith City of Port Angeles - Uti'lity Billing State~ents De~ Mr. Christofferson: ' Asy,ou know" at -its'm~eting of FebtUary 4, 2003, ~he Port Angeies'City,,(:~)Uncil ~ppr~).Ved ' the 'contra~t betwe,en'the City of Port Angeles and Dat'.lbar" Inc., , :, ,,' -. -' ,- Enclosed are twQ'~oples oftl1e ~ontn~ct. Please sign both'coP!esand return one fully" . -eiecut~d copy t~ my' attention at your earliest' convenience: , ' . ' , " Thank you and'pleasefeel fr~e'to contact meJfI can1be'ofany further assistilnce. I can be " teached at. 390-417-4634 or by(e-inaila~ cityclrk@ci'I?ort-,ahgeles.wa.us .' "- " , Sincerely YOufS, ~~ ~eqkY J. {J<'p1o~ CMC ' " City Clerk/Management Assistant , ' ,Enclosures " ,,' . ' , . 321 EAST FIFTH STREET · P,9 BOX 1 150'. P?RT ANGELES",WA 98362-0217 PHdNE:' 360-417-4500 · FAX' 360-417-4509 · TTY '360-417-:4645 .E~MAIL: CITYMG~@CI PORT-A:NGELES.WA.U5