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HomeMy WebLinkAboutMASTER-SORT, INC. fr- '7- o P- INSURANCE NOT REQUU .E.D WORK MAY PROCEED CLERK OF COUpfA DATE AGREEMENT FOR MAIL SORTING AND BAR CODING This agreement, made and entered into this as=ci day of _ by and between Master-Sort , Inc . hereinafter refer d to as "CONTRACTOR" , and the City of Santa Ana, a municipal corporation of the State of California, P .O. Box 1988 , Santa Ana, California 92702 , hereinafter referred to as "CITY" . TERMS AND CONDITIONS 1 . TERM OF AGREEMENT The term of this agreement shall be for a period of 12 months beginning January 1st, 1997 . 2 . CONTRACTOR AS INDEPENDENT CONTRACTOR The CONTRACTOR is an independent contractor and not an employee of the CITY. The CONTRACTOR shall not subcontract any of the services required herein without written approval of the CITY. 3 . SCOPE OF SERVICES For and in consideration of the hereinafter stated by the CITY to CONTRACTOR, CONTRACTOR agrees to perform at its own cost and expense, the following : Pick up the CITY' S pre-stamped and sealed, 1st class letter- size mail at 20 Civic Center Plaza, Santa Ana by 5 : 00 p.m. , Monday through Friday, with the exception of Memorial Day, Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year' s Day, and all postal holidays . Bar-code, and sort the CITY' S mail to obtain the maximum bulk rate . Deliver the CITY' S mail to the U. S . Post Office no later than the meter stamp date . 4 . CITY RESPONSIBILITIES CITY agrees to provide approximately 40, 000 to 60, 000 pieces of pre-stamped, sealed mail per month to CONTRACTOR. CITY agrees to provide a daily item count to CONTRACTOR. 5 . COMPENSATION CONTRACTOR agrees to provide said services with payment as follows : 12 month contract : NOT TO EXCEED: $10, 000 . 00 READABLE MAIL Water bills and other automation compatible mail Presorted at the postage rate of . 261/ea. Sorting, bar-coding .013/ea. pc. NON-READABLE MAIL Regular mail (non-automation compatible) Presorted at the postage rate of . 295/ea. Sorting, bar-coding .005/ea. pa. Pick-up and delivery to Post Office No Charge FAST-FORWARD SERVICE Water bills and other automation compatible .004/ea. pc. mail forwarded to relocating customers' new address based on change-of-address record filed with the Postal Service - Bar-code only. Payment to be made within 10 days of receipt of invoice . 6 . INSURANCE A. CONTRACTOR shall furnish the CITY with an insurance certificate evidencing that it carries Workers' Compensation Insurance and that the policy shall not be cancelled nor the coverage reduced except upon thirty (30) days prior written notice to the CITY. B . CONTRACTOR shall obtain at its sole cost and file with the CITY prior to exercising any right or performing any obligation pursuant to the Agreement, and maintain for the period covered by this Agreement a policy of liability insurance or a certificate for such insurance, satisfactory to the City Attorney of the CITY, naming the City of Santa Ana, its officers, agents and employees as insured or additional insured. Said policy shall provide coverage for both bodily injury and property damage in the amount of $1,000, 000 combined single limit . CONTRACTOR will procure and maintain at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgement may be necessary for the protection in the processing of the work. C. CONTRACTOR shall furnish the CITY with an insurance certificate evidencing that it carries Business automobile liability insurance, or equivalent form with a combined single limit of not less than $500, 000 per occurrence . Such insurance shall include coverage for owned, hired and non-owned automobiles . 7 . MISCELLANEOUS PROVISIONS A. CONTRACTOR covenants that it presently has no interest, and shall not have any interest, direct or indirect which would conflict in any manner with the performance of service required herein. B. CONTRACTOR will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. This agreement may be terminated by either party upon thirty (30) days written notice of termination. 8 . HOLD HARMLESS CLAUSE CONTRACTOR agrees to indemnify, defend, and hold harmless CITY, its officers, agents and employees, from any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, arising out of CONTRACTOR' S performance or failure to perform, any and all things necessary to and required to be done by CONTRACTOR, pursuant to the specifications in this Agreement . 9 . FORCE MAJEURE In the event that, due to causes beyond the control of the CONTRACTOR without the fault or negligence of the CONTRACTOR, the CONTRACTOR fails to meet any of its obligations under this Agreement, such failure shall not constitute a default in performance and the CITY shall grant to the CONTRACTOR such extensions of time and make arrangements, additions, or revised payment as shall be reasonable under the circumstances . CONTRACTOR shall immediately notify CITY verbally and in written form, should an extension of time be required to perform the services promised herein. Such extension shall only be granted for those causes beyond the control of and without the fault or negligence of CONTRACTOR. Any arrangements, additions or revised payments due to such extension shall be discussed and agreed upon by both parties . 10 . CONFIDENTIALITY The CONTRACTOR will maintain the confidentiality of the CITY' S mail and will not capture or retain any information from the CITY'S mail. 11 . QUALIFICATION CONTRACTOR guarantees 100% California mail qualification. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the year first above written. CITY OF SANTA ANA, a municipal corporation of the Sta o, Califo a ATTEST : DAVI . REAM CITY MANAGER • CE C. GUY CL RK OF THE COUNCI RECOMMENDED FOR APPROVAL: OL NTRACTOR/MASTER-SORT INC E ECUTI E IRECTOR, FINANCE AND MANAGEMENT SERVICES APPROVED AS TO FORM: O EPH W. FLETCHER CITY ATTORNEY