NY 3Rs Association, Inc.
6721 US Highway 11|Potsdam, NY 13676
www.ny3rs.org
Capital District Library Council (CDLC) – Albany
Central New York Library Resources Council (CLRC) - Syracuse
Long Island Library Resources Council (LILRC) – Long Island
Metropolitan New York Library Council (METRO) – NYC
Northern New York Library Network (NNYLN) – Potsdam
Rochester Regional Library Council (RRLC) – Rochester
South Central Regional Library Council (SCRLC) – Ithaca
Southeastern New York Library Resources Council (SENYLRC) – Highland
Western New York Library Resources Council (WNYLRC) - Buffalo
CUSTOM COURIER SOLUTIONS, INC. CARRIER/SHIPPER AGREEMENT
THIS MOTOR CARRIER/SHIPPER AGREEMENT (this "Agreement") is made as of __________ __,
2014, by and between NY 3Rs ASSOCIATION, INC., an exempt organization under Section 503(c)(3) of
the Internal Revenue Code, ("NY3Rs"), and CUSTOM COURIER SOLUTIONS, INC., a New York
corporation ("CCS"). NY3Rs and CCS are sometimes individually referred to in this Agreement as a
"Party" and together as the "Parties."
NY3Rs desires to engage and retain CCS to transport and deliver the library materials described in
Attachment A annexed to this Agreement (collectively "Freight") and CCS desires to provide the
transportation and delivery services to NY3Rs described in Attachment A annexed to this Agreement.
In consideration of the mutual covenants and agreements set forth below and other good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Term and Base Price Per Stop. The term of this Agreement will commence on [July 21, 2014] and
will expire on [June 30, 2015 (the "Initial Term"). NY3Rs may extend the Initial Term for five (5)
successive renewal terms of one (1) year (each a "Renewal Term") by notifying CCS of NY3Rs'
election to extend the Term at least sixty (60) days prior to the expiration of the Term. The word
"Term" shall mean the Initial Term and any Renewal Term. The "Base Price Per Stop will be $16.60
for Upstate stops and $21.20 for Downstate stops (METRO and Long Island) for the Initial Term and
any first or second Renewal Term. The Base Rate Per Stop will increase by no more than the CPI for
each Renewal Term for any third, fourth or fifth Renewal Terms. All the terms and conditions of this
Agreement shall apply during any Renewal Term.
2. Scope of Agreement. NY3Rs will provide the Freight to CCS for transportation and delivery as
described in Attachment A and CCS will deliver the Freight as described in Attachment A (the
"Transportation Services"). The Transportation Services shall consist of either dedicated route
delivery or conjunctive delivery (blending of freight into existing routes of CCS) as more particularly
provided in Attachment A hereto. Any changes to the Transportation Services must be set forth in an
amendment to Attachment A signed by the Parties.
3. Payment Terms. NY3Rs will pay CCS for the Transportation Services the Base Rate Per Stop. CCS
will submit invoices either on a weekly or monthly basis. NY3Rs shall make payment on all
undisputed invoices within fifteen (15) calendar days after the invoice date. An additional fifteen (15)
day grace period is provided to cover processing and mail time. In the event NY3Rs disputes any
invoice, it will notify CCS promptly upon discovery through audit or otherwise and in no event, more
than ninety (90) days after the invoice date. The parties will thereafter enter into good faith
discussions to resolve any disputed charges. CCS will not submit an invoice for additional charges
more than ninety (90) days after submitting its original invoice for Transportation Services. NY3Rs
agrees to pay interest at a rate equal to the lower of one and one-half percent (1.5%) per month or
the highest rate permitted by applicable law on all invoices not paid within thirty (30) days (inclusive of
the grace period) after the invoice date.
4. Service Obligations. CCS will honor the Service Guarantees described on Attachment E annexed to
this Agreement, make any adjustments to invoices as described on Attachment F annexed to this
Agreement, and employ the quality control measures in accordance with Attachment G annexed to
this Agreement.
5. Insurance. CCS shall maintain, or shall require its independent contractors to maintain, during the
Term, the following insurance:
a. All insurance required by applicable state law to be carried by CCS
b. Commercial auto liability insurance covering bodily injury and property damage, with a limit of
liability not less than (i) $750,000 combined single limit for vehicles with a gross
manufacturer’s vehicle weight of 26,000 pounds or less, or (ii) $1,000,000 combined single
limit for vehicles with a gross manufacturer’s vehicle weight in excess of 26,000 pounds.
c. Workers’ Compensation Insurance covering statutory benefits and employers liability as
required by applicable State law; or Occupational Accident Insurance ("OccAcc") with a
$1,000,000 limit of liability from a company as set forth in Section 5.e. below.
d. Motor Truck Cargo and/or Financial Cargo Liability insurance in an amount sufficient to cover
CCS’s obligations for damage to and loss of Freight as provided in this Agreement and
Attachment A.
e. CCS will procure or require its independent contractors to procure insurance required under
this Section 5 from an insurance company having a rating of "A-" or better by A.M. Best.
If CCS or any of its contractors fail to carry sufficient insurance to cover loss and/or damage sustained
to the Freight or property at pickup sites while in the contractor's custody, CCS will pay the replacement
cost for any loss or damage.
6. Compliance with Applicable Laws and Regulations. During the Term, CCS will maintain, or cause its
independent contractors to maintain, in full force and effect, all necessary federal, state and local
licenses, permits, and authorities which by law or regulation are required to be kept in effect in order
for CCS and its independent contractors to perform the Transportation Services. To the extent this
Agreement or any Transportation Services provided hereunder shall conflict with any such laws, rules,
and regulations, this Agreement and the Transportation Services shall be modified to comply with such
laws, rules, and regulations, and CCS shall not be deemed in breach of this Agreement or suffer any
liability or penalty for compliance with such laws, rules, and regulations. In the event CCS, through no
fault of its own, is delayed or removed from service by or because of an inspection by any body politic,
CCS shall not be deemed in breach of this Agreement, nor shall it suffer any liability or penalty under
the terms of this Agreement. Customer shall at all times comply with all applicable federal, state,
municipal, and provincial laws, rules, and regulations.
7. Freight Packaging; Contraband. All Freight tendered to CCS for transportation shall be contained in
properly addressed zipper bags as supplied by NY3Rs. See Attachment A for details. All computer
tapes, discs and other items subject to magnetic or electronic damage will be contained in suitable
protective packaging. Freight shall not contain or consist of contraband or other illegal material. CCS
reserves the right to reject a shipment after acceptance and prior to performance of any Transportation
Services, if such a shipment would likely cause damage or delay to other shipments, personnel or
equipment, or if the transportation is prohibited by law or in violation of this Agreement. NY3Rs shall,
to the maximum extent permitted by law, indemnify and hold harmless CCS and its directors, officers,
shareholders, employees, agents and independent contractors from and against any and all liability,
including, without limitation, bodily injuries, death, property damages, fines, penalties, attorney’s fees
and expenses, and all losses, which are made against CCS by unrelated third parties and arise from
the incorrectly packaged shipments.
8. Special Handling. CCS at its sole discretion may accept Freight that requires special or unusual
handling if acceptance and rates are previously agreed to in writing. Freight generally requiring special
handling, includes, but is not limited to, items having unusual high or "one of a kind" value, such as
works of art, jewels, furs, photographs or the like, hazardous materials, and shipments requiring special
handling devices. Freight unacceptable for shipment includes, but is not limited to cash, cash
equivalents, coins, currency, shipments requiring special governmental authorization, and shipments
unaccompanied by proper documentation. NY3Rs represents that, except pursuant to special
arrangements previously made as required by this paragraph, no items requiring special handling will
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be shipped under this Agreement, and in the event items are shipped without written agreement it will
solely be at the risk of the NY3Rs.
9. Hazardous Materials. NY3Rs shall identify any Freight that contains Hazardous Materials, as defined
in the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq., as amended, and the
regulations of the U.S. Department of Transportation made thereunder, at least twenty-four (24) hours
in advance of tendering to CCS. Prior to the scheduled pick-up time, CCS shall either: (i) decline such
load, or (ii) accept such load on terms and conditions identified by CCS in such acceptance, which
terms may include market rates and the pass through of any associated costs to NY3Rs.
10. Freight Liability. CCS shall be liable to NY3Rs for a maximum sum equal to the lesser of (i) $200.00
per bag, or (ii) cost per book plus $10 processing fee per book for the loss or damage to Freight
occurring while in the custody, possession or control of CCS, provided such loss or damage results
from a negligent act or omission of CCS or its employees or independent Contractors. Notwithstanding
the foregoing, with respect to printed materials, including cash letters, checks, drafts, money orders,
other bank-related media, securities, transit items, sales items, audit items, business records, audit
media, tabulation cards, data processing materials, legal documents and any other printed material and
excluding library materials, CCS’s liability for loss or damage as described in the immediately preceding
sentence shall be limited to the reasonable cost of reproduction or duplication of the physical items
subject to a $.50 per item and $10 per shipment limit, and CCS shall not be liable in any case or under
any circumstances for the face value of any printed materials (excluding library materials) or other bank
related media. NY3Rs shall notify CCS, in writing, as soon as practical describing any loss or damage
to its Freight, but in no event later than thirty (30) days after the alleged date of loss or damage. NY3Rs
acknowledges and agrees that claims for loss or damage will be deemed waived and CCS will have no
liability for the same if NY3Rs fails to provide notice as set forth in this Section 10. CCS will respond
to all claims for loss or damage within thirty (30) days after notification. Allowed claims will only be paid
provided all payments due CCS from NY3Rs have been paid in full. For purposes of this Agreement,
"loss" is defined as the inability to locate a partial or total shipment and "damage" is defined as physical
injury or destruction. In no event shall CCS be liable to NY3Rs or anyone else for special, incidental,
consequential, exemplary, punitive or similar damages for any loss, damage or delay occurring during
the performance of the Transportation Services by CCS, its employees or independent contractors.
11. Salvage of Damaged Freight. NY3Rs will have the right to reasonably determine to repair, repackage,
salvage, or scrap damaged Freight. If NY3Rs elects to salvage damaged Freight, NY3Rs shall notify
CCS to return the Freight to NY3Rs. Any monies received in salvage will be credited, if applicable,
against any amount CCS may otherwise be responsible for in terms of the damage. If CCS is retained
by NY3Rs to return the damaged Freight for repair, salvage, or scrapping, NY3Rs agrees to pay CCS
freight charges otherwise provided in this Agreement, or at a negotiated rate to be reduced to writing,
without prejudice to recovery of such freight charges as damages. Damaged Freight will not be
scrapped unless repair or salvage is not feasible.
12. Driver and Vehicle ID Requirements. CCS and its independent contractors shall at all times comply
with NY3Rs’ reasonable requirements concerning driver and vehicle identification and security,
including requirements that drivers wear uniforms and carry identification clearly showing that the
drivers are working for CCS and authorized to enter libraries’ premises. All vehicles used for delivery
will be clearly identified with the CCS name and logo or a magnetic sign identifying them as CCS
contractors.
13. Independent Contractors. CCS shall be an independent contractor of NY3Rs. CCS shall in no event
be considered an employee of NY3Rs for any purpose whatsoever and nothing in this Agreement will
be interpreted as creating any relationship as principal and agent, partnership, or joint venture between
the parties. As between the Parties, CCS has the sole and exclusive responsibility for the costs and
over the manner in which its employees perform the Transportation Services, including the equipment
provided. CCS shall perform the Transportation Services under this Agreement as an independent
contractor and will have no authority to, and will not attempt to, bind NY3Rs in any way or to represent
in any manner that CCS is an agent of or affiliated with the NY3Rs in any capacity other than as an
independent contractor.
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14. Termination for Default
a. If either Party defaults in the performance of its obligations under this Agreement and such
default is not cured within thirty (30) days after receipt of written notice thereof, then the nondefaulting party shall have the right, in addition to any other rights it may have, by further written
notice to terminate this Agreement on any future date not less than ten (10) days after the date
of such further notice. However, if the nature of the default is such that more than thirty (30)
days are reasonably required for its cure, the defaulting party shall not be deemed to be in
default if it commences such cure within said thirty (30) day period and thereafter pursues such
cure to completion.
b. Either party may terminate this Agreement immediately if (i) the other Party shall file any petition
under any bankruptcy, reorganization, insolvency or moratorium laws, or any other law or laws
for the relief of or in relation to the relief of debtors, (ii) the other Party shall have filed against
it any involuntary petition under any bankruptcy statute or a receiver or trustee shall be
appointed to take possession of all or a substantial part of the assets of the other Party which
has not been dismissed or terminated within sixty (60) days after the date of such filing or
appointment, (iii) the other Party shall make a general assignment for the benefit of creditors
or shall become unable or admit in writing its inability to meet its obligations as they mature, or
(iv) the other Party shall institute any proceedings for liquidation or the winding up of its
business other than for purposes of reorganization, consolidation or merger.
15. Indemnification. Subject to the limitations set forth in this Agreement:
a. CCS shall defend, indemnify, and hold NY3Rs and its employees and agents harmless from
and against all claims, liabilities, losses, damages, fines, penalties, payments, costs, and
expenses (including, without limitation, reasonable attorneys’ fees) caused by and resulting
from (i) the negligence or intentional misconduct of CCS or its employees, agents or
independent contractors, or (ii) CCS’s or its employees’, agents' or independent contractors’
violation of applicable laws or regulations.
b. NY3Rs shall defend, indemnify, and hold CCS and its employees and agents harmless from
and against all claims, liabilities, losses, damages, fines, penalties, payments, costs, and
expenses (including, without limitation, reasonable attorneys’ fees) caused by and resulting
from (i) the negligence or intentional misconduct of NY3Rs, its employees, agents or
independent contractors, or (ii) NY3Rs’ or its employees’, agents' or independent contractors'
violation of applicable laws or regulations.
c. In the event such claims, liabilities, losses, damages, fines, penalties, payments, costs, and
expenses (including, without limitation, reasonable attorneys’ fees) are caused by the joint and
concurrent negligence of the Parties, or the Parties and a third party, the indemnity obligations
for such claims, liabilities, losses, damages, fines, penalties, payments, costs, and expenses
(including, without limitation, reasonable attorneys’ fees) shall be borne by each Party in
proportion to its degree of fault.
d. In no event shall either Party be liable to the other under this Section 16 to the extent damages
are incidental, consequential, special, punitive, or exemplary. Any indemnified party under this
Section 16 shall promptly tender the defense of any claim to the indemnifying Party. CCS's
liability for Freight loss or damage shall be governed by Section 10 above.
16. Legal Restraint or Force Majeure. In the event performance by one Party is affected by any cause
beyond the reasonable control of such Party, including without limitation, fire, labor strife, riot, war,
weather conditions, acts of the public enemy, acts of God, acts of terrorism, local or national disruptions
to transportation networks or operations, material equipment repairs, fuel shortages, governmental
regulations, or governmental request or requisition for national defense, then the running of all periods
of time mentioned herein and the performance of all obligations required herein shall be suspended
during the continuance of such interruption, and such Party shall promptly notify the other Party of such
interruption. Such period of suspension shall not in any way invalidate this Agreement, but on
resumption of operations, any affected performance by such Party shall be resumed. CCS shall be
permitted an extension period equal to the period of suspension to complete shipments adversely
4
affected by the suspension. No liability shall be incurred by either Party for damages resulting from
such suspensions.
17. Notices. Any notice required or permitted to be given under this Agreement must be in writing and will
be sufficiently given if the notice is delivered by hand or sent by prepaid mail, registered or certified,
return receipt requested, or by a nationally recognized overnight courier to the address of the Party to
be notified shown on the signature page of this Agreement.
18. Captions. The captions set forth in this Agreement are for convenience only and shall not be considered
a part of this Agreement nor affect in any way the meaning of the terms and provisions hereof.
19. Successors and Assigns; Other Parties. This Agreement shall be binding upon and inure to the benefit
of the Parties hereto and their respective successors and assigns. This Agreement may not be assigned
by either Party without the written consent of the other Party, except to any wholly-owned subsidiary of
such Party and, except in the case of CCS, an assignment in connection with the sale of substantially
all of the assets of CCS or merger by CCS with or into another entity.
20. Entire Agreement. This Agreement and the attachments constitute the entire agreement between the
Parties hereto and supersedes all prior agreements, representations, warranties, statements, promises,
information, arrangements, and understandings, whether oral, written, expressed, or implied, with
respect to the subject matter hereof. If language in the attachments which have been incorporated into
this agreement conflict with this agreement, then the terms described in this agreement shall prevail.
21. Amendments. No amendment or modification of the terms of this Agreement shall be binding unless in
writing and signed by the Parties.
22. Severability. Any term or provision of this Agreement that is held to be invalid or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability
without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or
affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other
jurisdiction.
23. Waiver. No waiver of any right, power, or privilege hereunder shall be binding upon any Party unless in
writing and signed by or on behalf of the Party against which the waiver is asserted.
24. Counterparts. This Agreement may be executed in one or more counterparts, any or all of which shall
constitute one and the same instrument.
25. Governing Law. The Parties desire that the provisions of this Agreement will have precedence over any
federal or state provisions governing or dealing with the specific provisions of this Agreement. The
Parties agree that pursuant to 49 U.S.C. § 14101(b)(1) they expressly waive any and all rights and
remedies under the Interstate Commerce Commission Termination Act and Interstate Commerce Act
as amended, and regulations promulgated thereunder, including Part B of Subtitle IV Interstate
Transportation, 49 U.S.C. § 13101, et seq, (the "Acts") that are inconsistent with the provisions of this
Agreement. No Party shall challenge any provision of this Agreement on the ground that any such
provision or provisions violates the waived rights and remedies under the Acts. To the extent no
conflicts exist with this Agreement or federal law, the law of the State of New York shall apply.
(Signatures on following page)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by a duly
authorized officer effective as of the date first above written.
Custom Courier Solutions, Inc.
NY 3Rs Association, Inc.
By:___________________________________
By:___________________________________
Name: Christopher T. MacKrell
Name: Kathleen M. Miller
Title: President
Title:
Chair, NY 3Rs Association, Inc.
By: _________________________________
Name: J. Daniel Ayer
Title: CEO
CCS Notice Information:
Customer Notice Information:
Custom Courier Solutions, Inc.
1600 Lexington Avenue, Suite 113
Rochester, NY 14606
NY 3Rs Association, Inc.
c/o NNYLN
6721 US Hwy 11
Potsdam, New York 13676
LIST OF SCHEDULES
Attachment A – Transportation Service Description
Attachment B – Certificate of Liability Insurance
Attachment C – Workers’ Compensation Certificate
Attachment D - Certificates of Cargo Insurance on Vehicles and in Warehouses
Attachment E - Service Guarantees
Attachment F - Invoice Adjustments for Failure to Meet Service Guarantees
Attachment G - NY3Rs Quality Control Measures for Contract Compliance and Service Guarantees by
CCS
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ATTACHMENT A
Transportation Service Description
Delivery service will be provided to the following institutions (this list may be amended from time to time in
the sole discretion of NY3Rs):
Adelphi University – Garden City campus, Swirbul Library, Garden City
Adelphi University – Manhattan campus, New York,
Adirondack Community College, Library-Scoville Learning Center, Queensbury
Albany Law School, Scahffer Library, Albany, NY
Alfred University, Herrick Library, Alfred
Bard College, Stevenson Library, Annandale-on-Hudson
Binghamton University, Libraries, Binghamton
Brooklyn Public Library, Brooklyn
Broome Community College, Learning Resources Center, Binghamton
Buffalo State College, E.H. Butler Library, Buffalo
Canisius College, Andrew L. Bouwhuis Library, Buffalo
Cayuga County Community College, Library, Auburn
Cazenovia College, Library, Cazenovia
Clarkson University, Educational Resources Center, Potsdam
Clinton Community College, Leroy M. Douglas Sr. Library, Plattsburgh
Colgate University, Case Library, Hamilton
College of St. Rose, Neil Hellman Library, Albany
Columbia-Greene Community College, Library, Hudson
Corning Community College, Arthur A. Houghton Jr. Library, Corning
Baruch College, Newman Library, New York
Borough of Manhattan Comm. Coll., A. Philip Randolph Memorial Library, New York
Bronx Community College, Library, Bronx
Brooklyn College, Library, Brooklyn
Brooklyn Public Library, Brooklyn, NY
Capital District Library Council, Albany, NY
City College of New York, 160 Convent Ave Library, New York
Clinton-Essex-Franklin Library System, Plattsburgh, NY (twice a week delivery)
College of Staten Island, Library, Staten Island
CUNY – Graduate Center, Mina Rees Library, New York
CUNY – Hostos Community College, Library-A207, Bronx
CUNY Hunter College, Library – East Building, New York
CUNY – John Jay College of Criminal Justice, Library, New York
CUNY – Kingsborough Community College, Robert J. Kibbee Library, Brooklyn
CUNY – LaGuardia Community College, Library Media Resources Center, Long Island City
CUNY – Lehman College, Library, Bronx
CUNY – Medgar Evers College, The Charles Evans Inniss Memorial Library, Brooklyn
CUNY – New Community College
CUNY – New York City College of Technology, Library – A539, Brooklyn
CUNY – Queens College, Benjamin Rosenthal Library, Flushing
CUNY – Queensborough Community College, Library, Bayside
CUNY – School of Law/Queens College, Library, Flushing
CUNY – York College, Library, Jamaica
CUNY - School of Journalism, Research Center, New York
Dutchess Community College, Francis U. and Mary F. Ritz Library, Poughkeepsie
Erie Community College North, R. R. Dry Memorial Library, Williamsville
Farmingdale State, Greenley Library, Farmingdale
Fashion Institute of Technology, Gladys Marcus Library, New York
Finger Lakes Community College, Charles J. Meder Library, Canandaigua
Fulton-Montgomery Community College, Evans Library, Johnstown
A-1
Genesee Community College, Alfred O’Connell Library, Batavia
Hamilton College, Burke Library,Clinton
Herkimer County Community College, Library, Herkimer
Hobart & William Smith Colleges, Warren Hunting Smith Library, Geneva
Hudson Valley Community College, Dwight Marvin Learning Resources Center, Troy
Jamestown Community College, Hulquist Library, Jamestown
Jefferson Community College, Library, Watertown
LeMoyne College, Noreen Reale Falcone Library, Syracuse
Manhattanville College, Library, Purchase
Medaille College, Libraries, Buffalo
Mohawk Valley Community College, Library, Utica
Molloy College, Rockville Center, Long Island
Monroe Community College, LeRoy V. Good Library, Rochester
Morrisville State College, Library, Morrisville
Nassau Community College, A. Holly Patterson Library, Garden City
Nazareth College, Lorette Wilmot Library, Rochester
New York Public Library, The Branch Libraries, New York
New York Public Library, The Research Libraries, New York
New York State College of Ceramics at Alfred University, Scholes Library, Alfred
New York State Library, Cultural Education Center-Library, Albany
Niagara County Community College, Henrietta G. Lewis Library, Sanborn
North Country Community College, Library, Saranac Lake
North Country Library System, Watertown, NY (twice a week delivery)
Onondaga Community College, Coulter Library, Syracuse
Orange County Community College, Learning Resource Center, Middletown
Pace University, The Henry Birnbaum Library, New York
Pace University at Pleasantville, Edward & Doris Mortola Library, Pleasantville
Pace University School of Law, Law Library, White Plains
Plattsburgh State University of New York, Benjamin F. Feinberg Library, Plattsburgh
Rensselaer Polytechnic Institute, Folsom Library, Troy
Rochester Institute of Technology, Wallace Memorial Library, Rochester
Rockland Community College, Library, Suffern
Sage Colleges
Schenectady County Community College, Begley Library, Schenectady
Siena College, Standish Library, Loudonville
Skidmore College, Saratoga
St. John Fisher College, Lavery Library, Rochester
St. Lawrence University, Owen D. Young Library, Canton
State University of New York Institute of Technology, Peter J. Cayan Library, Utica
Stony Brook University, Frank Melville Jr. Memorial Library, Stony Brook
Stony Brook University, Health Sciences Library, Stony Brook
Suffolk Cooperative Library System, Bellport
Sullivan County Community College, Hermann Memorial Library, Loch Sheldrake
SUNY College at Brockport, Drake Memorial Library, Brockport
SUNY College at Cortland, Memorial Library, Cortland
SUNY College at Fredonia, Reed Library, Fredonia
SUNY College at Geneseo, Milne Library, Geneseo
SUNY College at New Paltz, Sojourner Truth Library, New Paltz
SUNY College at Old Westbury, Library, Old Westbury
SUNY College at Oneonta, James M. Milne Library, Oneonta
SUNY College at Oswego, Penfield Library, Oswego
SUNY College at Potsdam, F.W. Crumb Library, Potsdam
SUNY College at Purchase, The Library, Purchase
SUNY College of Agriculture and Technology at Cobleskill, Jared Van Wagnen Jr. Library, Cobleskill
SUNY College of Environmental Science and Forestry, F. Franklin Moon Library, Syracuse
SUNY College of Technology at Alfred, Hinkle Memorial Library, Alfred
SUNY College of Technology at Canton, Southworth Library, Canton
SUNY College of Technology at Delhi, Resnick Library, Delhi
SUNY Downstate Medical Center, Medical Research Library of Brooklyn, Brooklyn
SUNY Maritime College, Stephen B. Luce Library, Bronx
SUNY State College of Optometry, Kohn Vision Science Library, New York
SUNY Upstate Medical University, Health Sciences Library, Syracuse
Syracuse University, E S Bird Library, Syracuse
Tompkins-Cortland Community College, Instruction & Learning Resources Center, Dryden
U.S. Military Academy at West Point, USMA Library, West Point
Ulster County Community College, Macdonald DeWitt Library, Stone Ridge
Union College, Schaffer Library, Schenectady
University at Albany, University Libraries, Albany
University at Buffalo, Buffalo
Utica College, Gannett Memorial Library, Utica
Vassar College, Vassar College Libraries, Poughkeepsie
Westchester Community College, Harold L. Drimmer Library & Learning Resource Center, Valhalla
Unless otherwise indicated, each institution will have daily service, Monday – Friday for a total of five (5)
stops per week. Each delivery stop will occur within a one-hour window of the scheduled delivery time; i.e.
no more than one hour before or one hour after the scheduled time during normal business hours.
A schedule of routes, including expected delivery times for each stop as well as a listing of libraries by route
will be provided by CCS prior to the beginning date of this contract. Any changes will be provided in writing
to NY3Rs at least one week prior to implementation of the change.
Library materials will be packaged in canvas zipper bags or totes provided by NY 3Rs Association, Inc.
Each bag is to be clearly labeled with the destination library’s name and symbol.
New participants may join Empire Library Delivery at any time. NY 3Rs Association, Inc. will provide CCS
with two weeks’ notice (10 business days) for adding new participants to the route and per-stop pricing will
begin on the date the service is started.
ATTACHMENT B
Certificate of Liability Insurance
ATTACHMENT C
Workers Compensation Certificate
ATTACHMENT D
Certificates of Cargo Insurance on Vehicles
See Attachment B
ATTACHMENT E
Service Guarantees
Turnaround time for delivery of library materials guarantee
Definitions:
24-Hour Turnaround: Each item picked up at a shipping library is delivered the next day delivery is
scheduled for the receiving library.
48-Hour Turnaround: Each item picked up at a shipping library is delivered on or before the second day
delivery is scheduled for the receiving library.
Most material moves within 24 hours: 48 hours between downstate and upstate with LI to Western NY
being 72 hours
Two Zones:
Within Upstate Zone: Albany, Syracuse, Rochester, Buffalo, and Newburgh 24 hours.
Within Downstate zone: Avanat 24 hours.
Between Upstate and Downstate Zones 48 hours.
Avant to Western NY (ROC & BUF) 72 hours.
Empire
Library
HUB
Albany
Albany Buffalo Newburgh Rochester Binghamton Syracuse Avant
24
24
hours hours
24 hours
24 hours
24 hours
24 hours 48 hours
Buffalo
24
24
hours hours
24 hours
24 hours
24 hours
24 hours 72 hours
Newburgh 24
24
hours hours
24 hours
24 hours
24 hours
24 hours 48 hours
Rochester 24
24
hours hours
24 hours
24 hours
24 hours
24 hours 72 hours
Binghamton 24
24
hours hours
24 hours
24 hours
24 hours
24 hours 48 hours
Syracuse
24
24
hours hours
24 hours
24 hours
24 hours
24 hours 48 hours
Avant
48
72
hours hours
48 hours
72 hours
48 hours
48 hours 24 hours
All deliveries to occur within normal business hours.
Sorting accuracy guarantee
99.5% (for properly labeled items)
Delivery accuracy guarantee
99.9% (for properly labeled items)
On schedule delivery guarantee. Delivery window excludes hours when the library is closed.
One-hour window, i.e., not longer than one hour before or one hour after scheduled delivery time.
Customer Service Plan
Communications with customers
CCS will set up system (in collaboration with NY3Rs) to communicate on designated issues directly to
libraries regarding service issues/changes. CCS will set up protocols per NY3R’s preference. Certain
issues can be communicated directly with the libraries or through the 3R’s designee.
CCS will utilize its Operations Support Center:
CCS will provide Customer Service through the “OSC” the Operations Support Center located at the
corporate office in Rochester, NY. Participants in the ELD service will contact OSC@shipccs.com to report
any issues. The OSC will communicate directly with each delivering terminal and provide resolution to
Joanne Benedetti(jbenedetti@cdlc.org).
Any Client service changes will be tracked and coordinated through the OSC including holiday scheduling.
The OSC will track issues for evaluation of service performance.
ATTACHMENT F
Invoice Adjustments for Failure to Meet Service Guarantees
Reimbursements for lost and damaged materials.
CCS accepts and pays claims for lost and damaged materials based on library and/or NY3Rs records. All
claims are acknowledged and responded to within 30 days of submission. Libraries are paid within 30 days
for valid claims. Reimbursement for lost and damaged library materials is as provided in Section 10.
Vendor performance guarantees:
Vendor failures to provide quality service will result in invoice adjustments as described below. The vendor
will deduct the amounts indicated from the appropriate invoices. NY3Rs' standards for measuring service
quality are described in Attachment G annexed to this Agreement.
Turnaround time for delivery of library materials guarantee:
24-Hour Turnaround: Each item picked up at a shipping library is delivered the next day delivery is
scheduled for the receiving library.
48-Hour Turnaround: Each item picked up at a shipping library is delivered on or before the second day
delivery is scheduled for the receiving library.
Invoice adjustment: invoice adjustment until problem is resolved: first instance: cost of stop; 2 instances in
a row, cost of each stop doubled; and continued doubled until problem is resolved.
Sorting accuracy guarantee:
Invoice adjustment:
Invoice adjustment: invoice adjustment until problem is resolved: first instance: cost of stop; 2 instances in
a row, cost of each stop doubled; and continued doubled until problem is resolved.
Delivery accuracy guarantee:
Invoice adjustment:
Invoice adjustment: invoice adjustment until problem is resolved: first instance: cost of stop; 2 instances in
a row, cost of each stop doubled; and continued doubled until problem is resolved.
Missed stop - per stop cost adjustment:
CCS will make delivery later on the same day at a time convenient to the library (no adjustment if frequency
is less than once a month).
Off Schedule Stop - per stop cost adjustment:
CCS will make delivery later on the same day at a time convenient to the library (no penalty if frequency is
less than once a month).
Overload (unable to pick up all materials ready for pick up) - per stop cost adjustment:
CCS will make a second pick up later on the same day at a time convenient to the library (no adjustment if
frequency is less than once a month).
Invoice accuracy:
CCS is required adjust invoices when service guarantees are not met. NY3Rs will adjust invoices and may
impose an additional adjustment when CCS fails to do so. Invoices contain a great deal of detail. CCS is
in the best position to identify and adjust invoices that need adjustment due to CCS’s failure to meet service
guarantees. NY3Rs administrative staff time is valuable and an invoice adjustment will be made when CCS
fails to provide accurate invoices. Flagrant issue of inaccurate invoices may be cause for breach of any
contract.
CCS will provide a $100 invoice adjustment per occurrence.
ATTACHMENT G
NY 3Rs Association, Inc. Quality Control Measures for Contract Compliance and Service
Guarantees by CCS
Turnaround Time, Sorting Accuracy, and Delivery Accuracy
NY3Rs will periodically sample sorting and delivery accuracy and monitor library feedback regarding
problems in this area. If a problem is detected, NY3Rs will notify CCS and inform them about the problem.
If the problem is not resolved within one week invoice adjustments will be made and a service charge of
$100 per week will be included to cover the time and effort by libraries and NY3Rs until turnaround time,
sorting, and/or delivery accuracy fall to agreed-upon levels.
Missed Stop, Off-Schedule Stop, and Overload
CCS is in the best position to monitor these quality control measures and is therefore, required to make
invoice adjustments for all missed stops, off-schedule stops, and overloads where an incomplete pick up
results. Repeated failure to make such invoice adjustments is cause for breach of any agreement.
If CCS fails to insure service guarantees in these areas, NY3Rs will sample compliance with CCS
guarantees for Missed Stop, Off-Schedule Stop, and Overload issues and monitor library feedback
regarding problems in this area. If a problem is detected, NY3Rs will notify CCS and inform them about
the problem. If the problem is not resolved within one week invoice adjustments will be made and a service
charge of $100 per week will be included to cover the time and effort by libraries and NY3Rs until turnaround
time, sorting, and/or delivery accuracy fall to agreed-upon levels.
Exceptions to the above are limited to the following:
1. Mutually agreed or officially declared weather and safety emergencies when CCS has notified
affected libraries about this fact.
2. The day following holidays designated in this agreement
3. The first day of work for any new driver when CCS has notified affected libraries about this fact.
4. Vehicle breakdowns when CCS has notified affected libraries about this fact during the workday.
5. Driver fraud that was initially reported to NY3Rs by CCS and the driver is replaced within one
week. This exception does not apply when NY3Rs reports the fraud to CCS.