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Home My WebLink AboutIGA - State - Publishing-DistributionDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of August 13, 2008 DATE: August 6, 2007 TO: Deschutes County Board of Commissioners FROM: Marty Wynne/ Dave Lilley TITLE OF AGENDA ITEM: Document # 2008-447, Consideration and signature of Intergovernmental Agreement (IGA) with Oregon Department of Administrative Services (DAS) — Publishing and Distribution. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The annual tax statement mailing is an activity that has a high public profile. We feel that Oregon (DAS) - Publishing and Distribution offers the safest, most cost-effective available alternative. DAS currently prints and mails more tax statements than any other organization in the state. The accompanying Intergovernmental Agreement is the State's standard contract for these services and has a one-year term. FISCAL IMPLICATIONS: Expenditure of approximately $40,000. Funds have been budgeted for this purpose. RECOMMENDATION & ACTION REQUESTED: Approval of DAS IGA and signature of one-year contract. ATTENDANCE: Marty Wynne or Dave Lilley if necessary. DISTRIBUTION OF DOCUMENTS: Signed originals need to be sent to: James Borst, Publishing and Distribution, 550 Airport Rd. SE, Salem, OR 97301-6084. Please send a copy of the signed IGA to: Dave Lilley, Tax Dept. DESCHUTES COUNTY CONTRACT SUMMARY (Department shall complete all sections above Official Review line) Date: August 13, 2008 Department: Tax/Finance Contractor/Supplier/Consultant name: Oregon Department of Administrative Services — Publishing and Distribution Contact Person: James Borst Phone: 503-373-1744 Goods and/or Services: Printing and mailing of November property tax statements and related inserts. Background & History: The annual tax statement mailing is an activity that has a high public profile. We feel that Oregon (DAS) - Publishing and Distribution offers the safest, most cost-effective available alternative. DAS currently prints and mails more tax statements than any other organization in the state. The accompanying Intergovernmental Agreement is the State's standard contract for these services and has a one-year term Starting Date: Upon Signature Ending Date: One Year. Annual Value or Total Payment: Approximately $40,000 depending on the number of inserts; including postage. ❑ Insurance Certificate Received (check box) Insurance Expiration Date: Check all that apply: X RFP, Solicitation or Bid Process X Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process ❑ (specify — see DCC §2.37) Funding Source: 001-1800-415-34.06 (Included in current budget? X Yes ❑ No) If No, has budget amendment been submitted? ❑ Yes ❑ No Departmental Contact: Dave LiIley, Deputy Tax Collector Name Title Signature Date Department Director Approved: Official Review: County Signature Required (check one): X1 BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$ 50K, BOCC Order No. Legal Review Cr, 1 t.,,c, Document Number b� 41_ 7/29/2C 38 Oregon Theodore R. Kulongoski, Governor REVIEWED LEGAL COUNSEL Department of Administrative Services State Services Division Publishing & Distribution 550 Airport Road SE Salem, Oregon 97301-6084 (503) 373-1700 FAX (503) 373-7789 State of Oregon Department of Administrative Services (DAS) INTER -GOVERNMENTAL AGREEMENT FOR DOCUMENT PUBLISHING, PROCESSING AND DELIVERY USE OF STATE MAIL AND PRINTING SERVICES Agreement Number: 134 This agreement, hereinafter referred to as "Agreement," is made and entered into this 9th day of July, 2008, by and between the State of Oregon, Department of Administrative Services, 550 Airport Road SE, Salem OR 97301-6084, hereinafter referred to as "State" and Deschutes County, 1300 NW Wall St Ste 200, Bend OR 97701, hereinafter referred to as "Political Subdivision." 1. PURPOSE The purpose of this agreement is to reduce document publishing and mailing expenses for public agencies in Oregon by providing access to cost effective and efficient print -to -post technologies and services. 2. STATUTORY AUTHORITY, In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION", the state is authorized to cooperate with and furnish services to a city, county, districtor other municipal corporation, commission, authority, entity or political subdivision organized and existing under statute or city or county charter in Oregon. By execution of this Agreement, Political Subdivision represents that it meets the criteria for cooperation or receipt of services from the State. In accordance with and pursuant to the provisions of ORS Chapter 283.140, the Department of Administrative Services has authority to operate central mail services for state agencies where it is economical to do so. The agency is also directed to report opportunities for saving (money) through state agency mailroom centralization, consolidation, and automation and through mail route coordination. In accordance with and pursuant to the provisions of ORS Chapter 282.020 and 282.050(2), "The Director of the Oregon Department of Administrative Services or the designee of the director shall control and manage the state printing section and all state printing. (b) Control all state printing purchases, including those outside of the Oregon Department of Administrative Services; and any printing conducted outside of the department on behalf of state government may be conducted only through authority of the director or the director's designee." "The Oregon Department of Administrative Services shall control and regulate the performance and production of all multiple duplication work required by state agencies and the purchase and use of multiple duplicating equipment, including but not limited to xerographic or other copying devices. The department shall itself perform, through the state printing plant, such duplication services for the state agencies as may practicably and economically be performed centrally, and for those purposes require that duplicating equipment possessed by any agency be transferred to the state printing section." 3. SERVICES TO BE PROVIDED a) Upon Political Subdivision's written order, State will provide to Political Subdivision for the term 0this Agreement, and in return for payment, document publishing, processing and mailing services vfhich include but are not limited to: printing, duplicating, binding, folding, tabbing, inserting, met«,ring, addressing, bulking, sorting and mailing. b) Orders cannot be canceled by Political Subdivision except on terms that will compensate State against loss incurred in reliance on the order. c) Title for finished work shall pass to Political Subdivision upon delivery to common carrier at shipping point or upon delivery to Political Subdivision, whichever occurs first. State's responsibility for the shipment ceases with delivery to the carrier and claims for loss or damage must be presented to the carrier. d) (For printing orders) Upon Political Subdivision's request, proof will be furnished by State to Political Subdivision and promptly read, corrected (if necessary) and returned by Political Subdivision to State. State warrants that finished work will conform to corrected proof. State is not responsible for any errors evident in the proof if Political Subdivision does not review or correct the proof. 4. TERM This Agreement is effective, and considered fully executed, upon signature by both parties. The initial term of this Agreement is one year from effective date of this Agreement. The term of this Agreement may be extended if it is mutually agreeable to do so. Such extension shall be in writing. 5. CONSIDERATION Political Subdivision shall pay State in accordance with the rates and charges set forth in the Statement of Work section of this document. 6. INVOICING Upon submission of job, Political Subdivision will provide DAS with an account number assigned to it by the State Financial Management System (SFMS). In the month following job completion, DAS will mail Political Subdivision an invoice for services and postage. The invoice will be mailed to the address associated with the account number assigned to political subdivisions in the SFMS. 7. CANCELLATION Either party may terminate this agreement without liability or penalty, upon thirty (30) days written notice to the other party. No such termination shall prejudice any obligations or liabilities of either party already accrued prior to the effective date of termination. 8. RESPONSIBILITIES OF THE POLITICAL SUBDIVISION a) It is understood that using the services authorized by this agreement is elective on the part of the Political Subdivision. b) The Political Subdivision is responsible for providing the State with the necessary information and/or files necessary to publish and mail in a cost effective and timely manner. 9. LIABILITIES State Liability a) State agrees to perform the work in a good and workmanlike manner consistent with the customs and practices of the industry. State expressly excludes all other guarantees, warranties or representations. State will not be liable for any indirect or consequential damages, with State's sole liability being limited to the repair and reasonable costs of correcting any errors that are attributable to State. b) State shall not be responsible for delays beyond the control of State such as labor stopp.:ige, equipment breakdown, strikes, delays of suppliers, contractors or carriers, fire, or acts of God. EXHIBIT A STATEMENT OF WORK 1. Political Subdivision shall: a) Make all arrangements necessary to procure and deliver preprinted Property Tax Statement stock to DAS Publishing & Distribution at 550 Airport Road SE, Salem, Oregon. It is understood that no printing can commence until said stock is delivered. b) Order and arrange for all envelopes needed for mailing be delivered to DAS, no earlier than September 22, 2008, and not later than October 1, 2008. c) Arrange files for insert printing to be delivered to DAS no later than Oct 1, 2008 d) Arrange for live file submission schedule to be given to DAS no later than October 1, 2008 e) Use file transfer protocol (FTP) to timely transfer files to DAS for printing and mailing. f) Ensure documents targeted for multiple mailings contain sequential numbers to aid in audit control. g) Bear the costs for overtime accrued as a result of the Political Subdivision's failure to meet agreed upon submission time. h) Bear the responsibility for any errors or omission made according to the responsibilities set forth above, and shall in no way hold DAS financially responsible for the correction of these errors or omissions. i) Bear the costs for pre -paying postage required by the United States Postal Service for mailings. Check must be received five (5) working days prior to mailing. Please make checks payable to Post Master. j) Provide completed data sheet five (5) calendar days prior to live printing. k) Testing shall be completed by October 1, 2008. NOTE: If lock box testing is required, testing must commence by September 10, 2008. 2. DAS shall provide the following services: a) Printing i) DAS shall print property tax statements using the data files and property tax statement stock provided by Political Subdivision. ii) DAS shall store and secure tax statement stock during the printing process. iii) DAS shall print other materials as requested by Political Subdivision in accordance with established state printing standards and prices. b) Processing: i) DAS shall fold and insert tax statements, and corresponding inserts, so that the address is clearly visible inside the envelope window. ii) To obtain the lowest possible discounted postage rate and in accordance with the USPS rules for automated first class bar-coded mailings, DAS will pre-sort all one and two ounce mail pieces processed under this agreement iii) Additional Processing as indicated by checked boxes. Political Subdivision to check all boxes that apply and complete''/''requested information. Lock box testing required. Send lock box test to: G�'•3 . ❑ DAS will hold approximately pre -specified statements for pickup by Pi 'litical Subdivision. ❑ DAS will use automated inserting equipment to insert approximately single -page tax statements into windowed envelopes. ❑ DAS will hand -insert approximately multiple tax statements into appropriate sized mailing containers. C7OSE ONE: DAS will run all one and two ounce mail pieces through "FastForward" address update software to obtain discounted postage rates. ❑ DAS will print "Return Service Requested" on presorted mail not run through address update software. o DAS will not run presort mail through FastForward software and will not print "Return Service Requested" on presort mail because Political Subdivision has envelopes pre-printed with the appropriate address update endorsement. b) Mailing i) Non -letter size mail pieces will be metered and mailed as single piece. ii) DAS will store and secure all finished tax statements until the mutually agreed upon mailing date. iii) DAS shall ensure the mailing is delivered to United States Postal Service. iv) All mailing must be completed on or before October 24, 2008. v) Any errors or omissions which are made according to the responsibilities set forth above shall become the responsibility of DAS and DAS shall in no way hold the Political Subdivision financially responsible for the correction of these errors or omissions. 3. Deliverables: i) DAS shall ensure that the Political Subdivisions' requirements are met as set forth in the Statement of Work with a completion date of no later than October 24, 2008. ii) DAS shall provide the Political Subdivision with invoices that reflect services and material charges for the tax bill printing and mailing project at rates set forth below. iii) Political Subdivision agrees to pay DAS at the agreed upon rates, as follows: File Prep Template Design Programming Printing Tax Statement on Provided Stock Insert (2 sided) & Folding — 8.5x11** Insert (1 sided) & Folding — 8.5x11** Insert (1 sided) — 8.5x3.66*** Labor Hand folding, inserting Mail Inserting, and metering "Smart" inserting, and metering Metering for letters Metering for flats OCR Barcode/Sort FastForward Address Correction Postage 1 ounce, first class letters *Current US Postal Service rate. **24# Standard Stock ***70# Standard $106.00 per hour $106.00 per hour $0.03 $0.07 $0.04 $0.0123 per insert per impression per insert per insert $30.00 per hour $0.057 $0.067 $0.069 $0.138 $0.024 $0.104 per mail piece per mail piece per mail piece per mail piece per mail piece per address change $0.324* per qualifying piec« 4. LIMITATION OF LIABILITY The Political Subdivision agrees that the State shall not be subject to any claim, action, or liability arising in any manner whatsoever out of any act or omission, interruption, or cessation of service under this Agreement. The State shall not be liable or responsible for any direct, indirect, special, or consequential damages sustained by the Political Subdivision, including, but not limited to, delay, interruption of business activities, or lost receipts that may result in any manner from any act or omission, interruption, or cessation of service. 5. STATE OF OREGON RESPONSIBILITY The State of Oregon agrees to be responsible for any damage or any third party liability which may arise from its printing and mailing services, subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution Article XI, Section 7, to the extent of liability arising out of the negligence of the State. The State shall not be required to indemnify or defend the Political Subdivision for any liability arising out of the wrongful acts of employees or agents of the Political Subdivision 6. INDEMNITY Political Subdivision shall, subject to the limitations and conditions of the Oregon Tax Claims Act ORS 30.260 through 30.300, and the Oregon Constitution Article XI, section 10, defend, indemnify and hold harmless State from any Toss, cost, expense and damage, including without limitation court costs and reasonable attorney fees, arising out of or related to any claim, demand, action or proceeding that may be instituted against State by reason of: a) Any violation or infringement of any proprietary right or copyright, b) Any libelous, obscene, or unlawful matter contained in the writings that are the subject of this Agreement, or (c) Political Subdivision's breach of any term, covenant, representation, or warranty of this Agreement. 7. DISCLAIMER THE FOREGOING UNDERTAKING IS IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. STATE MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER THE PRINT SERVICES ARE USABLE FOR A PARTICULAR PURPOSE, WHETHER OR NOT STATE HAS BEEN INFORMED OF THE NATURE OF ANY SUCH PURPOSE OR HAS OFFERED AN OPINION AS TO THE USE OF THE STATE PRINT SERVICES FOR SUCH A PURPOSE. Department of Administrative Service Reps Deschutes Representatives By: Date: By: Date: Title: Title: Publishing & Distribution By: Date: By: Date: Title: Title: DAS Operations