HomeMy WebLinkAboutC18-040 UPSDocuSign Envelope ID: 2611 E01 E-6140-4438-8302-8EF53670C3BC I (" Carrier Agreement This Agreement ("Agreement") is made and entered into by and between Eagle County ("Customer") and United Parcel Service Inc., an Ohio Company ("UPS"). Pricing. UPS will provide the pickup and delivery services ("Services") as set forth below subject to the terms of this Agreement. These Services will be provided with the incentives ("Incentives") as also set forth below. These Incentives shall only be available to the locations and account numbers approved and identified in Addendum A. Account numbers of Customer and its affiliates, each of which is more than fifty percent (50.0%) owned by Customer, may be added or deleted only by mutual written agreement of Customer and UPS and require seven (7) business days notice to UPS to become effective. Customer is prohibited from reselling or offering Incentives to any other party without the prior written consent of UPS and failure to comply with this prohibition may result in immediate cancellation of this Agreement. Customer acknowledges and agrees that the Incentives and the minimum rates in Addendum B are based on and derived from the most recently published UPS Daily Rates available at www.ups.com and are subject to change based on changes to such list rates. Each eligible package (or shipment) and accessorial will receive its applicable Incentive for the term of this Agreement. Incentives are applied on a weekly basis unless otherwise specified. Incentives shall be applied to prepaid outbound shipments unless otherwise noted. This Agreement will be subject to periodic review by UPS for Customer compliance. Automation. Customer agrees to supply the UPS Service Provider with a hard copy summary manifest at the time that the packages are tendered to UPS for shipment and provide UPS with Timely Upload of electronic Package Level Detail ("PLD") in a form acceptable to UPS. PLD includes, but is not limited to, consignee's full name, complete delivery address, package weight and zone. Timely Upload is defined as the electronic transmission of PLD to UPS at the time the packages are tendered to UPS. Customer agrees to provide smart labels on all packages tendered to UPS. A smart label, as defined herein and described in the current UPS Guide to Labeling, which may be updated from time to time by UPS, includes, but is not limited to, a MaxiCode, Postal Bar Code, current UPS Routing Code, appropriate UPS Service Icon and a UPS 1Z Tracking Number Bar Code. Customer further agrees that all shipping locations will use a UPS OnLine or Online compatible shipping solution that is approved and authorized by UPS as such. Payment Terms. Customer agrees to pay for all shipments in full within the time period required by UPS. Service. All Services provided by UPS shall be pursuant to the UPS Rate and Service Guide and UPS Tariff/Terms and Conditions of Service in effect at the time of shipping, each of which are incorporated herein by reference and which may be subject to change without prior notice and which, together with this Agreement, are the entire agreement and understanding between Customer and UPS relating to the relationship under this Agreement, superseding all prior or contemporaneous agreements or understandings. Confidentiality. Customer and UPS agree to maintain the confidentiality of this Agreement including its rates, terms and Incentives as well as any discussions during the Term concerning the meaning or application of such terms or any changes to them, or concerning a renewal of this Agreement or the negotiation of a new agreement including any new proposals provided by UPS to Customer ("Confidential Information") unless disclosure is required by law. Neither party shall post or publically display Confidential Information or share with any third party without written consent of the other party. Offer Expiration and Prior Agreements. This offer is void if not accepted by February 15, 2018 ("Deadline"). Customer may accept Agreement by providing a duly signed copy of this Agreement to UPS by the Deadline. This Agreement supersedes all other agreements between the Customer and UPS regarding these Services. This Agreement is hereby signed and executed by authorized representatives of both parties. Term. The Incentives contained in this Agreement take effect on the Monday following the signing of this Agreement or the Effective Date, whichever is later and continue until terminated by either party. Either party may terminate this Agreement at any time upon 30 days prior written notice to the other. UPS Customer Uni. a D----1 c DocuSlgncd by: r..,. �► By. Dg?ARC�F; Title: Account Manager Glenwood Springs, Co Address: 81601 Ea lP P --t„ g DocuSlyned by, ULV By.176 F• .F F l f TAF A4F F Title: Deputy County Manager PO Box 850 Address: Eagle, co 81631 Date Signed: 2/14/2018 1 08:24:08 PST Date Signed: 2/13/2018 1 09:11:27 PST Effective Date: Feb. 19, 2018 P060032367 - 01 Carrier Agreement Page 1 of 2 C 18-040 DocuSign Envelope ID: 2611 E01 E-6140-4438-8302-8EF53670C3BC Addendum A r' List of Account Numbers Eagle County's UPS accounts identified below shall be included in the Agreement. The following accounts shall have their activity committed and are eligible for incentives as specified in Addendum B: ACCOUNT NAME AND ADDRESS Section 1 : 0000812885 EAGLE COUNTY 550 BROADWAY ST EAGLE, CO 81631 *If there is an account number for the same service included in another UPS agreement, such account number will be deemed deleted from such other agreement as of the effective date. UPS Hundredweight rates and incentives will only apply to UPS accounts with an active Hundredweight Tier (01-07). P060032367 - 01 Addendum A Page 2 of 2 DocuSign Envelope ID: 2611 E01 E-6140-4438-8302-8EF53670C3BC Addendum B Incentives w All incentives contained in this Addendum B apply to the most recently published Daily Rates at the time of shipment and shall be applied on a weekly basis. The published Daily Rates can be adjusted periodically pursuant to the terms and conditions of the Carrier Agreement. Incentives for Services included in this agreement are applicable to all shipments paid for by accounts that are party to this agreement unless otherwise specified. Service Grouping Descriptions Domestic Next Day includes UPS Next Day Air® UPS Next Day Air Saver® Domestic Deferred Air includes UPS 2" d Day Air A.M.® UPS 2" d Day Air® UPS 3 Day Select® Domestic Ground includes UPS® Ground — Commercial UPS® Ground - Residential Domestic Ground CWT includes UPS® Ground - Hundredweight' Domestic Air CWT includes International Import includes UPS Next Day Air® - Hundredweight' UPS Worldwide Express® - Import UPS Next Day Air Saver® - Hundredweight' UPS Worldwide Saver® - Import UPS 2' Day Air A.M.® - Hundredweight' UPS Worldwide Expedited® - Import UPS 2' Day Air® - Hundredweight' UPS StandardTM from Mexico UPS 3 Day Select® - Hundredweight' International Export includes UPS Worldwide Express® - Export UPS Worldwide Saver® - Export UPS Worldwide Expedited® - Export UPS StandardTM to Mexico International Canada Standard includes UPS StandardTM to Canada UPS StandardTM from Canada International Express Freight includes UPS Worldwide Express FreightTM - Export UPS Worldwide Express FreightTM Midday - Export UPS Worldwide Express FreightTM - Import UPS Worldwide Express FreightTM Midday - Import Tier Incentive Each eligible package will receive an incentive per the following schedule based on a 52 week rolling average of eligible packages tendered to UPS. These incentives apply to all zones unless otherwise specified. The band determination is based on the cumulative base transportation charges per week (excluding accessorials, and surcharges unless otherwise specified). Incentives apply to Outbound, Freight Collect, Third Party, Returns® and Undeliverable (where applicable). The incentives will be administered on a weekly basis. Base Weekly Transportation Charges - Domestic International Deferred UPS® Ground— Air Ground Next Day Deferred Air Canada Bands Next Day Air Ground CWT CWT Fxport Import Standard $ 2,000.00 or more 40% 35% 20% 40% 35% 46% 28% 10% $ 1,500.00 $ 1,999.99 36% 31% 19% 35% 32% 44% 27% 9% $ 1,000.00 $ 1,499.99 32% 27% 18% 32% 30% 42% 25% 8% $ 500.00 $ 999.99 28% 23% 16% 30% 26% 39% 21% 7% $ 250.00 $ 499.99 25% 20% 14% 25% 20% 32% 16% 6% $ 100.00 $ 249.99 20% 15% 12% 20% 17% 30% 13% 5% $ 50.00 $ 99.99 18% 13% 11% 18% 15% 17% 10% 4% $ 0.01 - $ 49.99 15% 10% 10% 15% 12% 7% 6% 3% For the first week, the total actual billed base transportation charges per week from all eligible committed services will determine the discounts per the schedule. After the first week, average weekly based transportation charges per week will be based on the most recent 52 week(s) (once 52 week(s) have been accumulated excluding the current billing week). Average weekly base transportation charges per week is defined as the base transportation charges per week from all eligible and committed services for the given time period divided by the number of week(s) in the time period. Additional Incentives UPS will also apply additional incentives to the following services: Page / of 2 Weight Domestic Weight UPS® Ground— UPS®Ground- (lbs) Next Day Deferred Air Commercial Residential Standard 1 - 5 10% (Zones 2-8) (Zones 2-8) 1 - 5 18% 19% 9% 0% 6 - 10 19% 19% 12% 5% 11 - 20 20% 20% 18% 10% 21 - 30 25% 25% 20% 15% 31 - 50 25% 25% 22% 15% 51 - 70 30% 30% 24% 20% 71 and up 30% 30% 26% 20% Page / of 2 Weight International (lbs.) Export Import Canada Standard 1 - 5 10% 10% 10% 6 - 10 15% 15% 15% 11 and up 20% 20% 20% International Express Freight 40% off In UPS �6 Customer DocuSign Envelope ID: 2611 E01 E-6140-4438-8302-8EF53670C3BC Accesorials Domestic Next Day 2 Day 3 Day Ground Delivery Area Surcharge Commercial 25% 25% 25% 25% Delivery Area Surcharge Commercial Extended 25% 25% 25% 25% Minimum Net Shipping Charge For each shipment, the customer agrees to pay the greater of the (a) net shipment charge based on the above incentive or (b) the Minimum Net Shipment Charge. Service(s) Minimum Net Shipment Charge Domestic Ground UPS® Ground — Zone 002 —1 lbs. UPS 3 Day Select® UPS 3 Day Select® — Zone 302 — 1 lbs. UPS StandardTM to Canada UPS StandardTM to Canada — 1 lbs. for the respective zone UPS StandardTM from Canada UPS StandardTM from Canada — 1 lbs. for the respective zone Electronic PLD Bonus The incentives detailed earlier in this Agreement include an Electronic PLD bonus up to the amount defined in the table below. Shipments tendered via non - Electronic PLD will not receive this bonus. At no point will non -application of the bonus result in net rates that exceed the published rates in effect at the time of shipment. The bonus will be applicable to all shipments paid for by accounts in this agreement. The following methods of providing UPS shipment information will be considered non -electronic for this agreement: Manifest Key Entered, Manifest Summary, Hundredweight Shipping Document, Paper Waybill, Air Shipping Document, Shipping Record (SRB/SRM), Consignee Billing Paper Books. All other shipment information will be considered electronic PLD. Additional Committed Services & Surcharges In addition to the services listed within the Service Groupings Section, the following services will be included to determine the customer's Base Weekly Transportation Charges Band: UPS SurePost®, UPS Next Day Air® Early, UPS Worldwide Express Plus® - US Export, UPS Worldwide Express Plus® - US Import, UPS 3 Day Select® from Canada, UPS® Ground with Freight Pricing*. 10 kg and 25 kg International box and Pre -paid services are excluded from the customer's Base weekly Transportation Charges Band. The following transportation surcharge revenue will also be included to determine the customer's Base Weekly Transportation Charges Band: Residential Surcharge, Delivery Area Surcharge (US 48), Remote Area Surcharge (AK, HI), Extended Area Surcharge (International services), and Large Package Surcharge. Notes UPS® - Hundredweight is a contractual service available for Scheduled Pickup customers having frequent non -palletized, multiple -package shipments sent to the same location on the same day. UPS Hundredweight rates and incentives will only apply to UPS accounts with an active Hundredweight Tier (01-07). * UPS Ground with Freight Pricing is committed based on net transportation charges. Initials UPS DS Customer Page 2 of 2 Domestic International Service Deferred Ground Express Canada Next Day Air Ground Air CWT CWT Export Freight Standard Export Export Electronic PLD Bonus 10% 10% 5% 10% 5% 10% 10% 10% The following methods of providing UPS shipment information will be considered non -electronic for this agreement: Manifest Key Entered, Manifest Summary, Hundredweight Shipping Document, Paper Waybill, Air Shipping Document, Shipping Record (SRB/SRM), Consignee Billing Paper Books. All other shipment information will be considered electronic PLD. Additional Committed Services & Surcharges In addition to the services listed within the Service Groupings Section, the following services will be included to determine the customer's Base Weekly Transportation Charges Band: UPS SurePost®, UPS Next Day Air® Early, UPS Worldwide Express Plus® - US Export, UPS Worldwide Express Plus® - US Import, UPS 3 Day Select® from Canada, UPS® Ground with Freight Pricing*. 10 kg and 25 kg International box and Pre -paid services are excluded from the customer's Base weekly Transportation Charges Band. The following transportation surcharge revenue will also be included to determine the customer's Base Weekly Transportation Charges Band: Residential Surcharge, Delivery Area Surcharge (US 48), Remote Area Surcharge (AK, HI), Extended Area Surcharge (International services), and Large Package Surcharge. Notes UPS® - Hundredweight is a contractual service available for Scheduled Pickup customers having frequent non -palletized, multiple -package shipments sent to the same location on the same day. UPS Hundredweight rates and incentives will only apply to UPS accounts with an active Hundredweight Tier (01-07). * UPS Ground with Freight Pricing is committed based on net transportation charges. Initials UPS DS Customer Page 2 of 2