Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PITNEY BOWES PRESORT SERVICES, INC. -2015
p City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination farm. Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with F-r—rW4-y %3ow4S %�2�t`7it j SFLR✓�c�J COTC Office Use Only No. A Z�(J was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: ��`j ���9�— S/✓/CS Phone/Ext.: y U�f1�—� Signature: Date: 3 / ! " / 9 Revised: 01-07-16 IN uuANCr::ON Fi11 A -2015 -245 1MQIIK NINI PRCEEI) UNTIL INSUiANCF CXPPt Pitney BowescER o ouNU.� DF;fb: 11 — i °rCSart Sc rwc��'. MASTER SERVICES AGREEMENT This Master Services Agreement ( "Agreement") by and between Pitney Bowes Presort Services, Inc., a Delaware corporation, ("PBPS ") with offices located at 10110 1 Street, Omaha, NE 68127, and City of Santa Ana, a California municipality ( "Client ") with offices located at 20 Civic Center Plaza, Santa Ana, CA 92701, is entered into as of November 3, 2015 ( "Effective Date "). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows: 1. Services Provided By PBPS. PBPS will provide the agreed upon services as described in the Statament(s) of Work (each an "SOW ") attached hereto or added from time to time and incorporated heroin by this reference. The terms of this Agreement shall apply to each SOW attached hereto, except as expressly provided in any SOW. This Agreement and each SOW, to the extent reasonably possible, will be construed to be consistent with each other. If and to the extent, however, that this Agreement and any SOW cannot reasonably be construed as consistent with each other, then (i) the SOW will control with respect to its subject matter and (ii) this Agreement will control in all other respects. 2. Client's Responsib#litles. Client must present only mail prepared in compliance with all United States Postal Service, ( "USPSi°D) regulations and all other applicable laws, rules, and regulations and meeting the requirements as set forth in the SOW. 3. Fees For Services. For the services provided by PBPS, Client shalt pay the fees specified in each SOW. Effective not earlier than the last week in January each year, and upon thirty (30) days prior written notice to Client, the fees set forth in the applicable SOW will be subject to an annual adjustment based upon increases in the most current published Consumer Price Index for the previous twelve month period, as indicated in the column for Urban Wage Earners and Clerical Workers, U,S. City average (base index year 1982. 1984 =100) as published by the Bureau of Labor Statistics. 4, Invoices. PBPS shall submit monthly invoices to Client at the address specified in the signature block for Client, or such other address as is specified by Client to PBPS in writing. Such invoices shall show the total number of mail pieces handled, the fees charged, postage, and such other information as PBPS may elect to include on its invoices. Invoices shall be due within thirty (30) calendar days from the date of the invoice; arrangements may be made for payments by bark to bank transfer. If Client fails to make any undisputed payment when due, PBPS may, upon five (5) days prior written notice, suspend performance under this Agreement until such payment is made, and any amounts owed and past due for services rendered or expenses incurred shall bear interest at a rate of one and one -half percent (1.5 °f ") per month or the maximum amount allowed by law (if less) until paid. An amount is not in dispute unless Client, in good faith, has notified PBPS in writing by the due date that it disputes the charges ill the invoice and has provided sufficient detail for PBPS to research and respond to such dispute. Client payment for postage paid by PBPS to the USPS on behalf of Client shall be as set forth in the SOW. Client will be responsible for any and all excise, sales and/or use taxes, and like charges imposed with respect to the services provided by PBPS hereunder. PBPS shall be responsible for any and all taxes and like charges based upon or determined by reference to the net income of PBPS. 5. Warrant- Disclaimer. PBPS shall perform all duties and obligations required of it pursuant to this Agreement in a professional and workmanlike manner and in accordance with accepted presort mail processing industry standards. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, PBPS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND ANY SUCH WARRANTIES ARE IIEREBY EXPRESSLY DISCLAIMED. 6. Compliance. Each party shall comply with all applicable local, state and federal laws and regulations, including USPS riles and regulations, labor and employment laws and regulations, immigration laws and regulations, health and safety laws and regulations, environmental laws and regulations and data privacy laws and regulations. 7. TRM, This Agreement shall be in force and effect for a period of three years from the Effective Date ( "Initial Toren "). This Agreement may be extended for two (2) additional one -year periods ( "Renewal Terms ") by a writing executed by PBPS and by Client's City Manager and City Attorney. Notwithstanding the foregoing, the specific term of any SOW shall be as set forth in the SOW. if this Agreement is terminated while any SOW is still in effect, the terms and conditions of this Agreement shall continue to govern the SOW until such time as the SOW expires or is Page 1 of 14 Proprietary and Confidential Information PBPS Contract Management - Rev November 2013 otherwise terminated, If no specific terra is set forth in the SOW, the SOW shall be coterminous with this Agreement. Tile total sum to be expanded by Client for fees (including postage reimbursement) under this Agreement shall not exceed twenty thousand dollars ($20,000) annually, including for any Renewal Terms. 8, ];vents of Default. The occurrence of any of the following events will constitute an Event of Default hereunder: (a) a material breach of this Agreement or any SOW unless cured within a period of thirty (30) days after written notice of such breach is given to the defaulting party by the other party hereto; or (b) a party becomes insolvent or makes a general assignment for the benefit of creditors, or takes advantage of any insolvency act, or commences a case or other proceeding naming the party as debtor under the United States Bankruptcy Code, or any proceeding is instituted against the party seeking liquidation of the party or the party's assets and the party fails to take appropriate action resulting in the withdrawal or dismissal of such proceeding within thirty (30) days, or there shall be appointed a receiver, liquidator, conservator, trustee or similar official in respect of the assets of the party. 9. Riehts and Remedies Upon Default. Upon an Event of Default, the non - defaulting party may, at its option; (a) terminate this Agreement immediately upon written notice to the defaulting party or upon any future date specified in such notice; or (b) continue this Agreement, without waiving the defaulting party's continuing obligation to curs; and, in either case the non - defaulting party may take whatever action at law or in equity as may appear necessary or desirable in its judgment to enforce performance of any obligation under this Agreement or seek damages for such breach. 10. Early Termination. This Agreement or any SOW may be terminated prior to the end of its term as then in effect upon the occurrence of any of the following events: (a) an Event of Default set forth in paragraph 8 above, following which the non - defaulting party elects to terminate the Agreement or the affected SOW; or (b) as permitted under a SOW in the event that the USPS adopts any new postal regulations, procedures, rates or incentives that directly impact the services. 11. Force Mnleure. PBPS shall maintain a commercially reasonable business continuity plan; provided, however, PBPS shall not be responsible for or incur any liability for any delay or failure in performance of any service or obligation under this Agreement and shall be excused from the performance to the extent that PBPS is prevented, restricted, delayed or interfered with by causes beyond its control, including but not limited to acts of God, fire, floods, severe weather, explosions, utility or communication failures, earthquakes, wars (declared or undeclared), labor disputes, strikes, lockouts, riots, epidemics, acts of terrorism, blockades, embargoes, government orders or requirements having legal effect of any government or any judicial authority, or any other situations, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of PEPS ( "Force Majemre'�. In case of a Force Majeure event, PBPS will notify Client as soon as reasonably possible by whatever means are available, PBPS shall not be liable for the loss of any postage savings, and Client shall reimburse PBPS for the difference between the contracted postage discount rate and any postage upgrades required to submit the mail while the Force Majoure effects continue, 12. Confidentiality. "Confidential Information" means all confidential and proprietary information of either party ( "Disclosing Party"), including, each party's: (i) customer and prospect lists, suppliers and terms of existing agreements with business partners and other third parties; (ii) pricing, financial and other business information, data processes and plans, security measures, business continuity and disaster plans, policies and procedures; (iii) research and development information, analytical methods and procedures, hardware design, technology and ion- public personnel data; (iv) information concerning or belonging to the customers and potential customers of either party; (v) business practices, know -how, including but not limited to Trade Secrets (as defined by applicable law), and marketing or business plans; (vi) this Agreement, any orders and training materials; and (vii) any other information identified in writing as confidential or information that the receiving party ]Drew or reasonably should have known was confidential, disclosed to the other party ( "Receiving Party") or to which the Receiving Party gains access in connection with this Agreement, The parties acknowledge that Receiving Party may be provided, have access to or be exposed to Confidential Information of the Disclosing Party. The Receiving Party agrees (i) to hold the Disclosing Party's Confidential Information in strict confidence, and apply at least the standard of care used by the Receiving Party in protecting its own Confidential Information, but not less than a reasonable standard of care, and (ii) not to disclose such Confidential Information to any third party or use such Confidential Information except as reasonably required to exercise its rights or perform its obligations under this Agreement or upon written permission of the Disclosing Party, Each party agrees to cause its employees, agents, subcontractor's or other persons over whom the Receiving Party has control and who require access to such information, to abide by such obligations. The foregoing obligations do not apply to information that: (i) is already public or becomes available to the public through no breach of this Agreement; or (ii) was lawfully in the Receiving Party's possession before receipt from the Page 2 of 14. Proprietary and Confidential Information PBPS Contract Management — Rev November 2013 Disclosing Party; or (iii) is lawfully received independently from a third party who is not bound by a confidentiality obligation to Disclosing Party; or (iv) is independently developed by or on behalf of the Receiving Party without use of the Disclosing Party's Confidential Information. If compelled by a requirement of a government agency, a court, or by law or discovery to disclose any of the Disclosing Party's Confidential Information, the Receiving Party will, unless prohibited by law or order, notify the Disclosing Party in writing prior to making any disclosure in order to provide the Disclosing Party a reasonable opportunity to either waive any objection to such disclosure or request a remedy fiom the appropriate authority. The Receiving Party will reasonably cooperate with the Disclosing Party in its efforts to obtain such a remedy. If the Disclosing Party waives its objections or is unsuccessful in its request or fails to maka such a request, the Receiving Party will furnish only that portion of the Confidential Information that is legally required. 13, Independent Contractor. It is expressly understood and agreed that each party will act as an independent contractor and that this Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or other association between Client and PBPS. Neither party may make any commitments binding on the other, nor may either party make any representation that they are acting for, or on behalf of, the other, unless otherwise specified in writing and signed by the parties. Neither party nor the employees of such party performing any obligation hereunder shall be considered to be employees of the other party for any purpose, including but not limited to, compensation for services, employee welfare and pension benefits, fringe benefits of employment or workers' compensation insurance. 14, Insurance. PBPS shall at all times during the term of this Agreement maintain commercially reasonable insurance for loss from property damage, bodily injuty, death, and workers' compensation claims appropriate to the services provided. 15. LIMITATION OF LIABILITY, PBPS' TOTAL LIABILITY TO CLIENT RELATING TO THIS AGREEMENT, WHETHER BASED ON CONTRACT OR TORT, UNDER LEGAL OR EQUITABLE GROUNDS, SHALL BE LIMITED TO THE REASONABLE COST TO RECREATE THE AFFECTED MAIL PIECES, BUT NOT TO EXCEED THE FEES PAID BY CLIENT TO PBPS DURING THE SIX (6) CALENDAR MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, AND IN NO EVENT SHALL SUCH LIABILITY EXCEED THE LIMITS OF ANY APPLICABLE INSURANCE CARRIED BY PBPS, IN NO EVENT SHALL PBPS BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, STATUTORY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY FIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OR DEMAND AGAINST THE CLIENT BY ANY THIRD PARTY, EVEN IF PBPS HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE RNOWN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, OR RELATING TO THIS AGREEMENT. CLIENT FURTHER AGREES THAT IN NO EVENT SHALL PBPS BE LIABLE FOR ANY DAMAGES OR INJURIES, INCLUDING BUT NOT LIMITED TO CLEAN UP COSTS, RESULTING FROM OR IN CONNECTION WITH ANY HAZARDOUS SUBSTANCE, EXPLOSIVE, OTHER POLLUTANT OR SIMILAR SUBSTANCE, CONTAINED IN MAIL SUBMITTED BY CLIENT. 16. Indemnifleation. Each party agrees to indemnify, defend, and hold harmless the other from and against any liability, loss, cost, expense, claim, or damage, including reasonable attorneys' fees, in any action or claim brought by any third party, alleging bodily injury (including death) to the extent caused by the negligent act/omission or willful misconduct of the indemnifying party. In addition, Client shall indemnify, defend and hold harmless PBPS from all damages and injuries, including clean up costs and claims by third parties, resulting fiom or in connection with any hazardous substance, explosive, other pollutant or similar substance contained in mail submitted by Client. 17. No Third Party Beneficiaries. The parties intend that there shall be no third party beneficiaries under this Agreement, and that no person or entity, except the parties hereto, shall have any rights or remedies under this Agreement, including the right to bring any action on account of its breach or in any relation to it whether in contract, in tort, or otherwise. 18. Headings. It is expressly understood and agreed that the paragraph headings which appear in this Agreement are intended solely for convenience of reference and shall not amplify, limit, modify or otherwise be used in the interpretation of any provision of this Agreement. 19. Integration. This Agreement, including all SOWs, exhibits, schedules and any addendrun, appendices and attachments hereto or thereto which are incorporated herein by reference, constitutes the entire Agreement between the parties with respect to the subject matter hereof, and there are no other agreements, promises, covenants or conditions, oral or written, except as are set forth herein or in the schedules and addendum, appendices and attachments, if any. Any prior agreements between the parties with regard to similar services provided at any location covered by any SOW attached hereto are superseded by this Agreement. Page 3 of 14 Proprietary and Confidential Information PBPS Contract Management — Rev November 2013 20. Severahllity. If any provision of this Agreement, or portion thereof, is held to be invalid, illegal or unenforceable by a court of oompetent jurisdiodon, such provision will be severed and the remaining provisions of this Agreement will remain in force and effect. 21, Walve r. The failure to enforce any provision of this Agreement shall not operate as a waiver thereof nor preclude the enforcement of any such provision in the future. All waivers shall be in writing and signed by the party to be charged. 22. Modification, This Agreement may be modified only by a written document signed by the parties hereto. The terms and conditions of this Agreement shall supersede any and all standard terms and conditions on either party's preprinted forms, including but not limited to Purchase Orders, Piolcap Slips and Invoices. 23. Assi nment. Neither party may assign this Agreement without the prior written consent of the other party. Any assignment in, violation of this provision will be null and void. Notwithstanding the foregoing, without the other patty's consent, either party may assign this Agreement in whole or in part to an affiliated company or a successor in interest of all or substantially all of the assets of such party, provided that, in the case of an assignment by Client, such affiliated company or successor in interest satisfies PBPS' creditworthiness standards. A party malting such assignment shall promptly notify the other party in writing. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 24. Governing Law. This Agreement shall be governed by, interpreted, construed and enforced in accordance with the laws of the State of California without regard to its conflicts of law principles, irrespective of the fact that any one of the parties is now or may become a resident of a different state. 25. Notices. All notices, consents or waivers required or permitted in this Agreement shall be in writing and be deemed to have been duly given when (a) delivered personally; (b) upon transmission if sent by confirmed facsimile transmission; (c) upon delivery according to the records of an overnight courier service; or (d) upon USPS records if sent by certified mail (postage prepaid), using the fax numbers / addresses set forth immediately following the signatures of the parties hereto. A party may change its address for notice by notice satisfying the requirements of this paragraph 25. 26. Authorized Signature. Each party represents and warrants to the other that it has full and complete authority to enter and perform this Agreement and that the person signing in its behalf has been duly authorized to sign this Agreement, PBPS PITNEY OWES PRESORT SERVICES, INC. BY: 2 Name: Nicole M. Zisk VP Finance m Pitney Bowes Presort Services, Inc. Address: 10110 "I" Street Omaha, NE 68127 -1189 Phone: 402339 -6500 Fax; 402 -339 -6588 Date Signed: 10 ?, 0 1 ATTEST / By: YI P, 17L i Name; Maria D. Huizar Clerk of Council Proprietary and Confidential Information PBPS Contract Management — Rev November 2013 CLIEN f CITY 9F-S A By; Name: David Cavazos Title; City Manager Address; 20 Civic Center Plaza Santa Ana, CA 92701 Phone; 714 -647 -5200 Fax; 714- 647 -5414 Date Signed; RECOMMENDED FOR APP l VAT. By: 'C MQ 6 DZ, , Namo: Francisco Gutierrez xecu ive Director Title; Finance and Management Services Page 4 of 14 APPROVED AS TO FOIW By:_ 'jYi�. f-6--L Name: Sohn M. Funk Title: Assistant City Attorney Page 5 of 14 Proprietary and Confidential Information PBPS Contract Management - Rev November 2013 STATEMENT OF WORI< NO. 1 FIRST CLASS MAIL This Statement of Work ( "SOW ") is entered into as of November 3,200, ( "Bffeotive Data") pursuant to the Master Services Agreement (the "Agreement ") dated November 3, 2015, between City of Santa Ana ( "Client") and Pitney Bowes Presort Services, Inc, ('TBPS "), the terms of such Agreement being incorporated herein by this reference, and governing this SOW for First Class Mail services. 1. Services Provided By PBPS, PBPS will pick up the Client's pro - motered, permit imprint or pro-canceled stamp mail, whichever applies, at Client's designated addross(cs) as specified on Schedule 1,0, baroode (if not pre- barcided by Client), sort said mail at PBPS's business location and submit said mail to the United States Postal Service ( "USPS "). Provided that Ore mail Is prepared by Client according to the Mail Specifications and is made available for pick up by PBPS on or before the daily pick up times specified on, or mutually agreed as permitted by, Schedule 1.0, the mail shall be submitted to the USPS on the swine USPS business day ( "Same Day ") or the following USPS business day ( "Next Day ") as specified on Schedule 1.0. Client agrees that, in performing its services pursuant to this Agreement, PBPS may move Client's mail from one PBPS operating center to another PBPS operating center as permitted by the USPS. Additional locations or distinct mailstreams may be assigned their own Schedule I.x, e.g., 1, 1, 1.2, etc. Any reference to Schedule 1.0 also applies to any Schedule I.x. 2. Ouantity of Mall, Client will provide the approximate number of pieces of mail per day and per month for pick up and processing as specified on Schedule 1.0, but not less than all of the presort compatible mail produced at the facility. 3. Fees For Automated Presort Services. For First - Class® automated presort services provided by PBPS, Client shall pay the fees specified on Schedule 10, Additional locations or distinct mailstreams may be assigned their own Schedule 2,x, e.g., 2.1, 2.2, etc. Any reference to Schedule 2.0 also applies to any Schedule 2,x, 4. Fees For Other Services. For other services provided by PBPS, Client shall pay the fees specified on Schedule 10. Additional locations or distinct niailslreams may be assigned their own Schedule 3.x, e.g„ 3,1, 3.2, etc. Any reference to Schedule 3,0 also applies to any Schedule 3,x, 5. Postage Payment, If Client uses permit mail, pre - meters mail at the 5 digit automation rate or regularly requires PBPS to meter mail on Client's behalf, Client will maintain a postage deposit or otherwise pay for such postage irk advance of processing. The method and amount of such deposit or advance payment is set forth on Schedule 4.0, Additional locations or distinct mailstreams may be assigned their own Schedule 4.x, e.g., 4.1, 4.2, etc, Any reference to Schedule 4.0 also applies to any Schedule 4,x. 6. Mail Specifications, Client's mail shall meet all USPS requirements for automation compatible mail as set forth in the Domestic Mail Manual (` DMM") and its attendant documentation applicable to each type of mail submitted and the requirements set forth in this paragraph 6 ( "Mail Specifications "). 6.1. Presentation; Client's mail shall be submitted to PBPS upright in trays with all envelopes facing in the same direction, properly addressed and sealed. If Client's snail is (i) pre - motored, it shall be affixed with the correct postage rate, the correct date and appropriate "pre- sorted" notations; (ii) permit imprinted, it shall be separated and presented by the correct weight and affixed with the appropriate "pre- sorted" and indh is Imprint and a return address; (iii) pre-canceled stamp, it shall be affixed with a pre-canceled stamp and shall contain a return address. Client shall complete and sign pick up slips at each location Indicating the number of trays and /or pieces of mail to be processed by PBPS. If Client pre- metcrs its mail, Client shall provide PBPS with its current license numbers, and notify PBPS within five (5) business days of any changes. Client agrees to promptly execute or produce all PBPS or USPS documents to meet requirements of the USPS. Client tbrther agrees to muke appropriate changes in the way Client addresses and handles its mail as reasonably requested by PBPS and as required by the USPS• 6,2, Barcode Requirements: 6.2.1, If Client pre- ba•codes its mail, Client must: (1) utilize the USPS Coding Accuracy Support System (CASS) to satisfy the USPS zip code accuracy requirements in Delivery Point Validation; and (2) apply only ba•codes compliant with the then current Full Service Intelligent Mail Barcode (IMb) requirements of the USPS. 6.2.2, If Client is not pre-printing a barcodo on its mail, Client must leave a clear zone as specified in the DMM and the paper must be non,glossy. 6.3. Move Update Requirements: USPS regulations require that mailers utilizing First Class discounted postage rates select one or more authorized move - update options. Client will utilize the authorized move - update option(s) indicated on Schedule 5.0. I£ Client utilizes the PBPS Move Update Solution, additional terms and conditions applicable to such services are set forth on'Schedule 5.0, Additional locations or distinct mailstreams may be assigned their own Schedule 5.x, e.g., 5,1, 52, etc. Any reference to Schedule 5,0 also applies to any Schedule 5.x. 6.4. Readability: PBPS expects that mail meeting the Mail Specifications will process on its equipment at a 97% readability rate or better, meaning that PBPS can read the address and obtain a valid delivery point on the first pass. If PBPS observes that Client's mail readability rate has degenerated, PBPS will provide Client with samples of the rejected mail and recommendations to resolve the readability and/or address accuracy problems. Client will cooperate with efforts to promptly restore the readability rate to reasonable levels. Page 6 of 14 Proprietary and Confidential Information PBPS Contract Manage nont —Rev April 2014 6.5. Client's mail failing to meet the Mail Specification requirements of this paragraph 6 may be subject to return of the mail, exception handling or ancillary fees set forth on Schedules 2.0 and 3.0, and/or USPS penalties. Client shall promptly, upon receipt of appropriate documentation, reimburse PBPS for all penalties or assessments levied against PBPS by the USPS as a result of Client's (or its customer or print provider) improper preparation and finishing of its mail, Client acknowledges such penalties and assessments may include additional postage charged to all or most of a combined ramistream as presented by PBPS and notjust for Client's portion of that combined mailsh•eam. 7. USPS Changes. Notwithstanding any other language in the Agreement or this SOW regarding pricing or changes, in tine event the USPS adopts any new /revised postal regulations, procedures, rates, or incentives that directly affect the cost or provision of the services, PBPS may modify or terminate this Agreement on fifteen (15) days written notice to Client. 8. Fixed Rate Pricing. 8.1. Except in the case of USPS changes as described above, the fees set forth in this SOW are fixed for the Initial Tenn set forth below. 8.2, Client will be charged the amounts set forth herein regardless of whether the actual postage qualification rates for Client's mail are higher or lower than the postage discount rate set forth on Schedule 2.0 and 3.0. Client hereby authorizes PBPS to receive and retain any USPS postage refunds, incentives or rebates based on the amount of Client's mail that qualifies for any lower presort mailing rates to PBPS, and all such refunds, incentives or rebates will become the property of PBPS as part of its compensation for performance orthe services, (ref for metered mail: USPS form 8096). 9. Term. This SOW shall be in full force and effect for a period of three (3) year(s) from the Effective Date ( "Initial Tenn "). This SOW may be extended for two (2) additional one -year periods ( "Renewal Terns ") by a writing executed by PBPS and by Client's City Manager and City Attorney. Other than a notice provided relative to this paragraph of this SOW governed by the Notice provision of the Agreement, all other written notices permitted or required under this SOW or the Schedules attached hereto, may be accomplished by e-mail with system delivery confirmation. The total sum to be expended by Client for fees (including postage reimbursement) under this SOW shall not exceed twenty thousand dollars ($20,000) annually, including for any Renewal Terns, PBPS PITNEW ES PRESORT SERVICES, INC. By: t Name: Nicole M. Aska, VP Finance m „ Pitney Bowes Presort Services, Inc. Date Signed: ATTEST By: c G4 A f]%Pi2/ Name: Mnr_in _ /_ Anizar Title: Clerk of Council APPROVED AS TO TO FORM By: Name: John M. Funk Title: Assistant City—Attorney CLIENT CITY OF�SAiVTAANA By: �n Name: David Cavazos Title: City Manager Date RECOMMENDED FOR APPR VAL By: �W\�I Name: Francisco Gutierrez xeive rector Title: Finance and Management Services Page 7 of 14 Proprietary and Confidential Information PBPS Contract Management - Rev April 2014 SOW #1- SCHEDULE 1,0 ADDRESSES AND TIMES FOR MAIL PICK UP Upon mutual agreement PBPS and Client may add Client locations where the services will be made available, PBPS reserves the right to decline services at any Client location if the factors of Average Daily Volume and distance to the nearest PBPS facility make providing the services commercially unreasonable, For current locations, PEPS will pickup Client's snail at the address(es) specified below, Client shall assemble and make available for pick up its mail on such schedule as may be mutually agreed upon by the parties, in writing (e-ma{i is sufficient), with the initial schedule act forth below, Client Location PEPS Location Pick Up Times) Pick Up Time(s) Average Daily Some Dav Dated Next Dav Dated Valumea City of Santa Ana Rancho Dominguez, CA 4:30 PM N/A 1,000 20 Civic Center Plaza Santa Ana CA 92701 Naves., 1 — All pick up times are local time zone Monday through Friday, excluding holidays, unless otherwise noted, First Class Flat snail may be picked up at the same time as First Class letter mail; however such Flat snail is always Next Day, In the event that the mail is not ready at the agreed time and PBPS is able to wait for the mail, while PBPS will use reasonable efforts to meet the regular schedule, such delay may result in the mail being submitted to the USPS one business day later than scheduled, 2 - Client and PBPS agree that there is no m hdmum guaranteed volume required under this SOW; however, Client acknowledges that PBPS's pricing is based upon receiving the Client estimated volume, Client will provide the approximate average daily volume of mail set forth above.for each location, for pick up and processing by PEPS, If the average daily volume submitted decreases by 20% or more during any calendar quarter; it may be presumed that a reasonable pricing adjustment is appropriate. and the parties shall negotiate in good faith to agree upon such adjustment and issue an amended Sohedale(s) to this SOW, PBPS Initials Date Page 8 of 14 Proprietary and Confldential Information PBPS Contaot Management — Rey April 2014 Client Initials 1 61's- Lam SOW #1- SCHEDULE 2.0 FEES FORAUTOMATED PRESORT SERVICES For automated First Class® presort services provided by PBPS for mail meeting the Mail Specifloation requirements, road and accepted on the first pass through PBPS's mail processing equipment, Client shall pay to PEPS the following; 211 Postage and Presort Fee. 2,1,1 Metered /Permit Postage and Presort Fee. Client shall meter the First Class mail, or be charged for postage on First Class permit indieia mail, at the then current LISPS Discount Rate designated below for each mail type and shall pay the presort fee per piece as shown below for the applicable mail type and service level: Notes. I • Automation compatible First Class Flats must meet the following specitcations: (1) 0 to 8 ounces; (2) up to Y, inch thick,, (3) up to 13 inches in length; (4) windowed flats must be glassine sealed with no gaps; and (5) otherwise meeting the Mail Specification requirements ofthis SOW ( "Automated Flats "). 2 - All Flats meeting the Mail Specifications, but not meeting the Automated Plats specifications listed above ("Non - Automated Flats "). 3 — Client shall pay the designated presort fee for non - automation compatible First Class letter mail over 2 ounces metered or permit at the Mixed AADC rate. 212 Postage Discount Rates at the time of this SOW are attached hereto as Appendix A. 2,2 ,Special Headline: First Class mail otherwise meeting the Mail Specifications, but which requires additional handling due to the size or content, will be charged the Presort Fee as set forth above plus a Special Handling Fee for: 2.2.1 6"0" of $ N/A per piece, 2.2.2 #14 envelopes of $ N/A per piece, 2.2.3 Negotiables (including checks, stooks certificates, cash, debit/credit/gift cards) of $ N/A per piece. 2.2.4 Other: N A of $Nt& per piece. 2.3 Exception Handling Fee. Mail that is rejected by the sorting equipment ( "Maehlno Rejected Mail" or "MRM "), including mail that fails Delivery Point Validation ( "DPVTW% mail with a pre - printed bamode that is not Full Service IMb compliant, mail that can't be barcoded, or which for any other reason PBPS cannot mechanically read ,end process as a Full Service IMb compliant mailpioco as a result of the way the mail was prepared by Client, including but not limited to poor print quality, incompatible fonts and incorrect addressing (collectively "Exception Mail"), will be charged the above Presort Fee plus any applicable Exception Handling Fee as set forth below. The per piece amount of each Exception Handling Fee is related to USPS rates and may be revised by PBPS upon USPS changes as provided in paragraph 7 of this SOW. While PBPS will make reasonable efforts to process Exception Hnndling mail the same day, such mail may be delayed because of the extra handling accessary to meet USPS preparation requirements, PBPS may re -date and submit such delayed mail the following business day. 2.3.1 Machine Rejected Mail (MRM1 and Delivery Point Validation (DPV) Fees: in the event that the readability of Client's mail (or a specific mail type or job) has degraded and Client has not been successful in restoring the readability as provided in paragraph 6.4 of this SOW, PBPS may upon fifteen (I5) days advance written notice, initiate charging (or revise) the MRM /DPV Fee. lire MRM /DPV Fee will be applied to a percentage of Client's mail representing the Exception Mail, as determined by the most recent readability report attached to the notice. The MRM /DPV Fee will be applied to such percentage regardless of the actual number of pieces of Exception Mail on any given day. Client may request a more recent readability report be used to determine the Exception Mail percentage applied, if Client has taken steps to improve the mail readability. N t0 IS o b S PBPS Initials Data Page 9 of 14 Proprietary and Confidential Information PBPS Contract Management —Rev April 2014 a�. �,v/bI�t� Client Initials Date Prosort Fee Per Piece Mail Type USPS Discount Rate Same Day Next Day Letters— Metered Mixed AADC $0.016 $N /A Letters — Permit Mixed AADC $0.019 $N /A Letters— Non - Automated Mixed AADC $0.05 $N /A Postcards — Metered Presort $0.012 $N /A Postcards — Permit Presort $0.012 $N /A Automated Pines'— Motored N/A $N /A $N /A AutmnatedFl"' -- Permit N/A $N /A $N /A Nra,AutomatedFlats— Metered N/A $N /A $N /A Non - Automated Flats - Permit N/A $N /A $N /A Notes. I • Automation compatible First Class Flats must meet the following specitcations: (1) 0 to 8 ounces; (2) up to Y, inch thick,, (3) up to 13 inches in length; (4) windowed flats must be glassine sealed with no gaps; and (5) otherwise meeting the Mail Specification requirements ofthis SOW ( "Automated Flats "). 2 - All Flats meeting the Mail Specifications, but not meeting the Automated Plats specifications listed above ("Non - Automated Flats "). 3 — Client shall pay the designated presort fee for non - automation compatible First Class letter mail over 2 ounces metered or permit at the Mixed AADC rate. 212 Postage Discount Rates at the time of this SOW are attached hereto as Appendix A. 2,2 ,Special Headline: First Class mail otherwise meeting the Mail Specifications, but which requires additional handling due to the size or content, will be charged the Presort Fee as set forth above plus a Special Handling Fee for: 2.2.1 6"0" of $ N/A per piece, 2.2.2 #14 envelopes of $ N/A per piece, 2.2.3 Negotiables (including checks, stooks certificates, cash, debit/credit/gift cards) of $ N/A per piece. 2.2.4 Other: N A of $Nt& per piece. 2.3 Exception Handling Fee. Mail that is rejected by the sorting equipment ( "Maehlno Rejected Mail" or "MRM "), including mail that fails Delivery Point Validation ( "DPVTW% mail with a pre - printed bamode that is not Full Service IMb compliant, mail that can't be barcoded, or which for any other reason PBPS cannot mechanically read ,end process as a Full Service IMb compliant mailpioco as a result of the way the mail was prepared by Client, including but not limited to poor print quality, incompatible fonts and incorrect addressing (collectively "Exception Mail"), will be charged the above Presort Fee plus any applicable Exception Handling Fee as set forth below. The per piece amount of each Exception Handling Fee is related to USPS rates and may be revised by PBPS upon USPS changes as provided in paragraph 7 of this SOW. While PBPS will make reasonable efforts to process Exception Hnndling mail the same day, such mail may be delayed because of the extra handling accessary to meet USPS preparation requirements, PBPS may re -date and submit such delayed mail the following business day. 2.3.1 Machine Rejected Mail (MRM1 and Delivery Point Validation (DPV) Fees: in the event that the readability of Client's mail (or a specific mail type or job) has degraded and Client has not been successful in restoring the readability as provided in paragraph 6.4 of this SOW, PBPS may upon fifteen (I5) days advance written notice, initiate charging (or revise) the MRM /DPV Fee. lire MRM /DPV Fee will be applied to a percentage of Client's mail representing the Exception Mail, as determined by the most recent readability report attached to the notice. The MRM /DPV Fee will be applied to such percentage regardless of the actual number of pieces of Exception Mail on any given day. Client may request a more recent readability report be used to determine the Exception Mail percentage applied, if Client has taken steps to improve the mail readability. N t0 IS o b S PBPS Initials Data Page 9 of 14 Proprietary and Confidential Information PBPS Contract Management —Rev April 2014 a�. �,v/bI�t� Client Initials Date SOW #1- SCHEDULE 2.0 (continued) FEES FOR AUTOMATED PRESORT SERVICES At the time of this SOW, the applicable MRM/DPV Fee applied to the determined percentage of Client's mail for each mail type and discount rate is set forth below: 2.3.2 IMb Downgrade; If Client pre - baroodes its mail with a barcede that is not Full Service IMb compliant or presents mail on which PBPS cannot print a Full Service IMb, Client may be charged an IMb Downgrade based upon any penalties, postage assessments or forfeiture of discounts (collectively, "Downgrade ") which may be imposed by the USPS on PEPS, based upon PBPS' calculation of Client's pro -rata share of such non - compliant mail. 2,4 Default Pricine Terms. Upon any Event of Default as defined in paragraph 8 of the Agreement, PBPS may olect,to continue processing Client's mail, but will no longer accept any permit mail or meter any mail on behalf of Client, and Client will pre - meter all of its mail. Any mail that has not been metered will be returned to Client, Furthor, Client sball not pre -meter First Class mail at the rates specified above, and instead shall pre�meter all First Class mail at the then - current Presort Rate, PBPS will rebate back to Client the difference between the Presort pre - metered rate and the contract pricing herein for mail processed at the Presort rate, after setting off against such rebate amount any sutras then due from Client to PBPS pursuant to this Agreement, If Client fails to pre -meter the mail at the Presort rate, PBPS may pursue other options as permitted under the Agreement. 1D 30it PBPS Initials Date Pago 10 of 14 Propdetwy and Confidential faforipation PBPS Conhact Management— Rev April 2014 •��j, �� �b �2t71� Client Initials Date MRM FEE DPV FEE Mail Type USPS Discount Rate MRM Fee Per Piece Determined Percentage DPV Fee Per Piece Determined Percentage Letters Mixed AADC $NO0 0% $0.00 0% Postcards Presort $0,0275 2.7% $0.047 2,7% Automated Flats N/A $N /A N/A $N /A N/A Non - Automated Flats N/A $N /A N/A $N /A N/A 2.3.2 IMb Downgrade; If Client pre - baroodes its mail with a barcede that is not Full Service IMb compliant or presents mail on which PBPS cannot print a Full Service IMb, Client may be charged an IMb Downgrade based upon any penalties, postage assessments or forfeiture of discounts (collectively, "Downgrade ") which may be imposed by the USPS on PEPS, based upon PBPS' calculation of Client's pro -rata share of such non - compliant mail. 2,4 Default Pricine Terms. Upon any Event of Default as defined in paragraph 8 of the Agreement, PBPS may olect,to continue processing Client's mail, but will no longer accept any permit mail or meter any mail on behalf of Client, and Client will pre - meter all of its mail. Any mail that has not been metered will be returned to Client, Furthor, Client sball not pre -meter First Class mail at the rates specified above, and instead shall pre�meter all First Class mail at the then - current Presort Rate, PBPS will rebate back to Client the difference between the Presort pre - metered rate and the contract pricing herein for mail processed at the Presort rate, after setting off against such rebate amount any sutras then due from Client to PBPS pursuant to this Agreement, If Client fails to pre -meter the mail at the Presort rate, PBPS may pursue other options as permitted under the Agreement. 1D 30it PBPS Initials Date Pago 10 of 14 Propdetwy and Confidential faforipation PBPS Conhact Management— Rev April 2014 •��j, �� �b �2t71� Client Initials Date SOW #1- SCHEDULE 3,0 FEES TOR OTHER SERVICES For other services identified herein, Client shall pay to PBPS the f6fowing: 3,1 Ancillary Fees. PBPS reserves the right to charge the applicable fee for services performed to correct Client's mail not In complisace with the Mail Specifications, The ancillary services described below may also be performed upon request of Client. While PBPS will make reasonable efforts to process mail requiring additional services according to the scheduled service level, the required additional handling may result in the mail being delayed and submitted to the USPS on the following business day. Client will pay the applicable Ancillary Fee, as well as reimburse PBPS for any additional postage required. Charges for the ancillary services listed below are as follows: 3.2 3,3 S�rvlgq Fee Per Piece unless otherwise indicated Meter Date Correction $0.01 Missing Endorsement $0,01 Metering Fee — Letters $0.02 Metering Fee — Flats $0,06 Meter Strip $0.10 Labeling LMLM)— Sorter $0,05 Labeling LMLM —Hand $D,OS +$25.00 erhour, er person) Stick Mail $2500 erhour,per erson— minimum1 hour) Billable Hourly Work $25.00 (per hour, per person — minimumI hour Excessive Waiting Tlme at Pickup: Straight truck or van $60,00 per hour (minimum 1/2 hour after 30 minutes) Excessive Waiting Time at Pickup: Tractor trailer $100.00 per hour (minimum 1/2 hour after 30 minutes) ' Transnmrtatioa. For the mail transportation services described in paragraph 1 of this SOW, Client shall pay PBPS a fee of $0.00 invoiced and payable according to the Agreement. Fuet Surcharce, In addition to the transportation fee set forth above, Client shall pay PBPS a fee of $0.00 per mail pick up on account of fact costs associated with performing the services described in this SOW, K/�— Io �ol� PBPS Tuitials Date Page I1 of. 14 Proprietary and Confidential Information PBPS Contract Manngement— Rev April 20 14 N-�-�\, \ \I,1'LO� Client Initials Date SOW #1- SCHEDULE 4.0 POSTAGE PAYMENT 4.1 Postage Payment. If Client presents mail that requires PBPS to pay the USPS for postage on Client's behnX Client will maintain a postage deposit or otherwise pay for such postage in advance of processing, using the method described below, 4.2 Initial. Payment, Client shall provide an advance postage payment equal to an estimated one (1) months' worth of postage ($1,400,00) before submitting permit, 5 -Digit oruotnetered mail for the first time under this SOW, 4.3 Payment Process, In addition to the initial payment, Client shall provide a postage payment for each month job sufficient to cover the estimated postage to be used during the following month job, Postage payment may be made by: 4,3.1 Client Initiated payment to PEPS; or 4.12 Client authorization for PBPS to withdraw from Client's designated bank account Unless otherwise agreed by the parties in advance, such postage payment shall be made via electronic transfer. Client will receive a postage statement of postage charges and payment receipts fdr reconciliation purposes, Any shortage of postage funds received will be paid by Client with the next regular postage payment (but in any event no more than thirty days after service) and any excess postage funds received may be deducted from the next postage payment, 4.4 Interest. PBPS shall not be required to pay any interest to Client on such postage funds received. Interest paid or fees charged by any banking entity, shall be between Client and the banking entity, 4,5 Return of Balance. Upon the termination of tbis SOW, PBPS shall return any excess funds to Client after all Fees for services and postage charges have been paid to PBPS by Client, 4,6 Failure to Maintaln. IF CLIENT FAILS TO MAINTAIN THE POSTAGE PAYMENTS AT THE THEN APPLICABLE LEVEL(S), PBPS MAY IMMEDIATELY SUSPEND ITS PERFORMANCE UNDER THIS SOW AND WILL, AT CLIENT'S OPTION, EITHER; (1) HOLD CLIENT'S MAIL UNTIL PAYMENT IS RECEIVED OR (ii) RETURN THE MAIL TO CLIENT. WV - ) D 3o S" PBPS Initials Date Page 12 of 14 Proprietaiy and Confidential Wormadon PBPS Contract Management — Rev April 2,014 Client Initials Date CLIENT NAME AND ADDRESS: City of Santa Ana PBPS OPERATING CENTER: Rancho Dominguez, CA MASTER SERVICES AGREEMENT DATE: November 3, 2015 SOW fRl - SCHEDULE 5.0 5,1 5.2 5.3 MOVE - UPDATE REOUIBPMENT Move - Update Option. Client will complete a Certification of Move Update Compliance form as may be reasonably requested by PBPS from time to time In order to confirm the Move Update Option selected by Client on a job by job basis. Client's selections include the following mope - update option(s): Indicate the selected option by lacin an "X" in each column, Optlop first Class First Class First Class Flat Letts • Postcard Mail all Not Applicable X A USPS approved Move Update Solution provided and utilized by Client X X PBPS Move Update Solution w/ PBV Protect (an MLOCR -based software application such as Siemens UMove provided by PBPS A USPS approved Move Update Solution provided and utilized by Client on all mail, except for designated jobs within the mail category type indicated in the column(s) to the right end as agreed by the patties on which PBPS shall utilize the PBPS Move Update Solution W/ PBV Protect Performance Based Verification (PBV) is the USPS testing to detcrmine if a mail owner's addresses are being updated as requited by USPS Move Update Compliance regulations. Clients electing to rely on their own application of a USPS Move Update method will reimburse PBPS for any penalties or postage assessments imposed by the USPS due to, or caused in part by, Client's mail which fails PBV, based upon PBPS's calculation of Client's pro -rata portion of such penalty or assessment for that day. Clients electing the PBPS Move Update Solution w/ PBV Protect will be insured against such penalties or postage assessments imposed by the USPS against PBPS, even if any of Client's enrolled mail fails the daily PBV, If Client has not selected the PBPS Move Update Solution w/ PBV Protect option, the remainder of Schedule 5.0 is not applicable. If Client has selected the .PBPS Move Update Solution w/ PBV Protect option, such selection is governed by the terms of paragraphs 5.2 through 53 of Schedule 5.0, Physical Remdrements for PBPS Move Update Solution: PBPS can only spray barcodes on mail pieces that are non - glossy with a sufficient clear zone in the lower right quadrant. Client will be required to use another approved Move Update method for non - conforming mail pieces. PBPS Move Update Solution w/ PBV Protect - Fee; Application Fee of $ ly(A per each piece of Letter/Postcord mail scanned, CLIENT 14EREBY ACCEPTS AND AGREES TO THESE TERMS AND CONDITIONS FOR TILE MOVE UPDATE OPTIONS SELECTED ABOVE; Client: CITY SANTA AN By — ^� Name; David Cavazos r Pago 13 of 14 Proprietary and Confidential Tnformation PBPS Contract Managoment —Rev April 2014 Address; 20 Civic Center Plaza Santa Ana, CA 92701 APPENDIX A To Statement of Work No. I First Class Letters, Postcards and Flats - USPS Postage Discount Rates USPS Postage Rates as of May 31,2015: USPS Postage Rates - First Class Mail Letters Postage Rate Level Postage 1 oz. Letter Full Rate Metered $0.485 1 oz. Letter Non - automation Presort $0.471 1 oz. Letter Mixed AADC $0.439 1 oz. Letter AADC $0.416 1 oz. Letter 3-Digit $0.416 1 oz. Letter 5 -DI it $0.391 Postcard Postage Rate Level Postage a Postcard Full Rate $0.350 Postcard Non - automation Presort $0.295 Postcard Mixed AADC $0.284 Postcard AADC $0.275 Postcard 3 -Di it $0.275 Postcard 5 -Di It $0.260 Flats Postage Rate Level Postage 1 oz. Flat Full Rate $0.980 1 oz, Flat Nan - automation Presort $0.831 1 oz. Flat 3-Digit $0,662 Additional ounce postage as set by the USPS Page 14 of 14 Public b fornmtion USPS Rates F.Jjee ive as Shown A �`'iJC ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDIYYYYI 10/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. 9830 Colonnade Blvd Ste 400 CONTACT NAME: PHONE FA% E -MAIL TransForcecortRequests@Marsh.com San Antonio, TX 78230 INSURERS AFFORDING COVERAGE NAIC H COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR INSURER A: National Union Fire Insurance Co. of PA 19445 CN1 03820276-Dyna-GAWXM-1 5- INSURED Dynamex Operations West, LLC 2051 Raymer Avenue, Unit A INSURER B: Allianz Global Risks Us Insurance Company 35300 INSURER C: Liberty Mutual Fire Insurance Company 23035 Fullerton, CA 92833 INSURER D: INSURER E: $ 10,000 INSURER F: COVERAGES CERTIFICATE NUMBER: HOU- 002697422 -09 REVISION NUMBER:12 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDDL SU D POLICY NUMBER MMIDDIYVEVYY MMIDDY� LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GL1872136 03/01/2015 03/0112016 EACH OCCURRENCE $ 10,000,000 DAMAGE TO RENTED PREMISES E $ 10,000,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT a LOC GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP /OP AGO $ 10,000,000 $ OTHER: A LIABILITY CA6506059 03101/2015 03101/2016 COMBINED SINGLE LIMIT $ 10,000,000 BODILY INJURY(Per person) $ NY AUTO LL OWNED SCHEDULE[) FMOBISLE BODILY INJURY(Per accident) $ UTOAUTOS IREDAUTOS NON- OWNED PPROPERTY DAMAGE $ B X UMBRELLA LIAR X OCCUR XYZ 000 5798 0336 03101/2015 03/01/2016 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DEC RETENTION$ $ C A DEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIFXECUTIVE OFFICERIMEMBER EXCLUDED? NIA WA2B7D170841015 0913012015 09I30I2016 X STATUTE oTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEd $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, its Officers, Employees and Agents are recognized as an Additional Insured on General Liability and Auto Liability, as required by written contract. CERTIFICATE HOLDER CANCELLATION City Of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana, CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. ,:�til.;u..tc- 3•,a�..� -u- ©1988 -2014 ACORD CORPORATION. All rights reservgd. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN103820276 LOC #: San Antonio ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA, Inc.❑ NAMEDINSURED Dynamex Operations West, Ii 2051 Raymer Avenue, Unit A❑ Fullerton, CA 92833 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The above Workers Compensation policy WA2137D170841015 with Liberty Mutual Fire Insurance Company was placed by Marsh USA, Inc. Seabury & Smith, Inc. has only acted In the role of a consultant to this placement, which is indicated here for your convenience. ❑ The above Umbrella policy XYZ00057980336 with Allianz was placed by Marsh Canada Limited. Seabury & Smith, Inc has only acted in the role of a consultant to this placement, which is indicated here for your convenience. ❑ The ACORD name and logo are registered marks of ACORD V�"'✓k'cvWv ID'S '11 w:l CERTIFICATE OF LIABILITY IVSUQ& III, CE DATE (MMIDDIYYYY) 02;26f2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA, Inc -NAME: PHONE FAX 9830 Colonnade Blvd Ste 400 AAA,.'ho. FA):..._ (AIC, No San Antonio, TX 78230 E-MAIL _ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL 9 CN103820276-Dyna-GAWXM-16- INSURER A: AGE American Insurance Company 226 INSURED INSURER B AIIlan7 Global Risks Us Insurance Company 353 Dynarnex Operations West, LLC 2051 Raymer Avenue, Unit A INSURER C Liberty Mutual Fire Insurance Company 230 Fullerton, CA 92833 INSURER D N/A _NIA COVERAGES CERTIFICATE NUMBER: HOU-002697422-12 REVISION NUM[BER-12 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDlCATLD. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ADDL. SUBR POLICY EFF (POLICY EXP LTR TYPE OF INSURANCE INSP WVD POLICY NUMBER (MMIDDIYYYY MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 627405708 03/0112016 0310112017 EACH OCCURRENCE $ 10,000,000 FYI CLAIMS-MADE _`_.] OCCUR DAMAGE TO RENTED ..EBFMI��9S occurrence $ 10,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGAiE $ 10,000,000 POLICY F-1 JPECT LOC � _] PRODUCTS - COMPIOP . AGO $ 10,000,000 OTHER: F $ A AUTOMOSiLE LIABILITY H09041230 03101/2016 03101/2017 COMBINED SINGLE LIMIT _.tEa accident) $ 10,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON-OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accidentl $ B X UMBRELLA LIAR X OCCUR XYZ00015227226 0310112016 0310112017 EACH OCCURRENCE 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAR CLAIMS-MADE ........... T _ 1 -] ..... ..... DEC RETENTION $ . ....... $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNEPJE�. I — OFFICFWMEMBER EXCLUDED? N (Mandatory in NH) N J A WA2B7DI70841015 09130/2015 0913012016 -T-F—PER i OTH- TATUTE _LfR E,L. EACH ACCIDENT 1,000,000 __ . . .. ........ E.L. DISEASE - EA EMPLOYEE 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks ScheduIe, may be attached if more space is required) City of San Ana, its Officers, Employees and Agerls are recognized as an Additional Insured on General Liability and Auto Liability as required by written contract City Of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 MORI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE of Marsh USA Inc. -AVLDUI,A� " 1Nd--1t4-KAA44,1- @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN103820276 LOC #: San Antonio Page 2 of 2 AGENCY NAMED INSURED Marsh USA, Inc Dynarnex OperAons West, LI-C 2051 Raymer Avenue, Unit A POLICY NUMBER `UIIeqon, CA 92833 CARRIER NAIC CODE EFFECTIVE DATE: ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD