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HomeMy WebLinkAboutPITNEY BOWES PRESORT SERVICES, INC. 4A , City of Santa Ana da. Clerk of the Council • °1%.' AGREEMENT TERMINATION FORM COTC office Use only Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with PT/UI B&w": eiz-/ • No. .4 r 206 - 0 f was completed on til / and final payment has been made. (List all amendments. Use space below if needed.) Department: !6 Sv✓ � /� av,>?�L Stec) Phone/Ext.: L- .r)�SY Signature: Date: Z 0 Revised 08-23-10 IN 1 t INSURANCE tamr`-(tt: WORK MAY PROCEED UNTIL INSURANCE EjXPIRES GLEfTK 0 COUNCIL DATE: S— J-/ /„ � r AMENDMENT 41 to the MASTER SERVICES AGREEMENT BETWEEN PITNEY BOWES PRESORT' SERVICES, INC. AND CITY OF SANTA ANA This Amendment (the "Amendment ") is entered into by and between Pitney Bowes Presort Services, Inc. ("PEPS ") and City of Santn Ann ( "Client "), as of April 10, 2016 {`'Effective Date "), PER'S and Client may be referred to collectively as the "Parties." WHEREAS, PBPS and Client entered into a Master Services Agreement on November 3, 2015 ( "Agreement "); and WHEREAS, the Agmemont provides that PBPS may modify the Agreement in the event the United States Postal Services' ( "USPS ") adopts any new postal regulations, procedures, rates or incentives; and NVI-IEREAS, the USPS has adopted new postal regulations, procedures, rates, or incentives effective April 10, 2016; and WI IEREAS, the Patties desire to amend some terms of the Agreement, NOW, THEREFORE, for good and valuable consideration, the Parties ogee as follows: Unless otherwise defined herein, all capitalized terms used herein shall have the same meaning as set forth in the Agreement. 2, Schedule 2.0 of Stntement of Work No. I is hereby amended and replaced in its entirety. The attached Schedule 2.0 replaces and supersedes any and all previous Schedule 2.0 versions, 1 Except as amended herein, the terms of the Agreement remain in full force and effect and are hereby ratified and affirmed. PITNEY BOWES PRESORT SERVICES, CITY OF SANTA ANA INC, I3y. ( td DYvxlC;rvaos _ v Print (I amC: IC 18iC I''1.n8riCe Title: _ Pitney owes Presork Services, Inc. City Manager W- Date — �- - Date: ATTEST By; t­�n'i z;x %} Maria D. Huizar Clerk of Council Date: ql +y/,2o167 APPROVED AS TO FORM By: John ink, Assistant City Attorney Proryrietaty and Confidential hnfonnation PBPS Contract Minagemetnt - Rev March 2016 RECOMMENDED FOR APPROVAL, By: Francisco Gutierrez Executive Director, Finance & Management Date: m/4—/ - /G° Page 1 of 3 SOW #I- SCHEDULE 2.0 FEES FOR AUTOMATED PRESORT SERVICES For automated First Classm presort sendoss provided by PBPS for mail meeting the Mail Specification requirements, read and accepted on the first pass tin•ough PBPS's mail processing equipment, Client shall pay to PBPS the following; 211 Postage and Presort Fee, 2.1.1 Metered / Permtt Postage and Presort Fee. Client shall meter the Fist Class mall, 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; 1 - Automation compatible First Class Flats must meet the following specifications; (1) 0 to 8 ounces; (2) tip to '/2 inch thick; (3) up to 13 inches in length; (4) windowed flats must be glassine scaled with no gaps; and (5) otherwiso tweeting the Mail Specification requirements of this SOW ( "Automated Flats "). 2 - All Flats utecting the Mail Specifications, but not meeting the Automated Flats specifications listed above CNon- Automated Flats "), 2.2 Speolal_Haudlhi : First Class mail otherwise meeting file Mail Specifications, but whiolr requires additional handling due to the size or content, will be charged tiro Presort Fee as set forth above plus a Special Handling Fee fox: 2.2,1 6"x9" of $ N/A per piece. 2,2.2 7114 envelopes of $ bIJ per piece, 2.23 Negotiables (including checks, stooks certificates, cash) of $ N/A per piece. 2.2.4 Plastics (debit/oredit/gift cards) of N/A per piece. 2.2,5 Other: N/A of $N /A per piece. 2.3 Exeopttort Plandliitt Feo Mail that is rejected by the sorting equipment ( "Machine Rejected Mail" or including mail that fails Delivery Point Validation ( "DI'VIM "),'nail with a pre-printed barcode that is not Full Service IMb cornpliaut, trail that can't be. barcoded, or which for any other reason PBPS cannot mechanically read and process as a Full Service IMb compliant mailpiece as a result of the way (lie 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 pieco amount of each Exception Handling Fee is related to USPS rates and tray be revised by PBPS upon LISPS changes as provided hr paragraph 7 of this SOW, Z"ilrile PBPS will make reasonable o or(s to process Exception Handling mail the same day, such mail may be delayed because of the extra handling necessary to meet USPS preparation requirements, PBPS may re -date and submit such delayed mail the following business day. 2,3.1 Machine Reiected Mail (MRK 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 (15) days advance writton notice, initiate charging (or revise) the MRM Fee, The ham. 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 Fee will be. applied to such percentage regardless of the actual number of pieces of Exception Mai] on any given day, Client may request a more recent Page 2 of 3 Proprietary and Confidential Information P13PS Contract Management - Rev March 2016 Presort Fee Per Piece Mall Type LISPS Discount Rate Name SameDay Next Day Letters— Metered Mixed AADC $0.021 $N /A Letters — Permit Mixed AADC $0.024 $N /A Postcards — Metered Presort $0.014 $N/A Postcards — Permit Presort $0,014 $N/A Automated Flats' — Metered N/A $N /A $N /A Automated Flits'— Permit _ N/A $N /A $N/A Non- Automa(edFlats' -- Metered N/A $N /A $N /A� Non- Automated Flats' • Permit WA $ T $N /A Notes; 1 - Automation compatible First Class Flats must meet the following specifications; (1) 0 to 8 ounces; (2) tip to '/2 inch thick; (3) up to 13 inches in length; (4) windowed flats must be glassine scaled with no gaps; and (5) otherwiso tweeting the Mail Specification requirements of this SOW ( "Automated Flats "). 2 - All Flats utecting the Mail Specifications, but not meeting the Automated Flats specifications listed above CNon- Automated Flats "), 2.2 Speolal_Haudlhi : First Class mail otherwise meeting file Mail Specifications, but whiolr requires additional handling due to the size or content, will be charged tiro Presort Fee as set forth above plus a Special Handling Fee fox: 2.2,1 6"x9" of $ N/A per piece. 2,2.2 7114 envelopes of $ bIJ per piece, 2.23 Negotiables (including checks, stooks certificates, cash) of $ N/A per piece. 2.2.4 Plastics (debit/oredit/gift cards) of N/A per piece. 2.2,5 Other: N/A of $N /A per piece. 2.3 Exeopttort Plandliitt Feo Mail that is rejected by the sorting equipment ( "Machine Rejected Mail" or including mail that fails Delivery Point Validation ( "DI'VIM "),'nail with a pre-printed barcode that is not Full Service IMb cornpliaut, trail that can't be. barcoded, or which for any other reason PBPS cannot mechanically read and process as a Full Service IMb compliant mailpiece as a result of the way (lie 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 pieco amount of each Exception Handling Fee is related to USPS rates and tray be revised by PBPS upon LISPS changes as provided hr paragraph 7 of this SOW, Z"ilrile PBPS will make reasonable o or(s to process Exception Handling mail the same day, such mail may be delayed because of the extra handling necessary to meet USPS preparation requirements, PBPS may re -date and submit such delayed mail the following business day. 2,3.1 Machine Reiected Mail (MRK 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 (15) days advance writton notice, initiate charging (or revise) the MRM Fee, The ham. 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 Fee will be. applied to such percentage regardless of the actual number of pieces of Exception Mai] on any given day, Client may request a more recent Page 2 of 3 Proprietary and Confidential Information P13PS Contract Management - Rev March 2016 readability report be used to determine the Exception Mail percentage applied, if Client has taken steps to improve the mail readability, At the time of this SONV, the applicable MRM 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- barcodes its mail with a barcode 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 PBPS, based upon PBPS' calculation of Client's pro -rata share of such non - compliant mail, 2.4 Defend Pricing 'Perms, Upon any Event of Default (paragraph 8 of die Agreement) by Client for failure to make timely payment of Invoices or required postage payments, PBPS may elect to continue processing Client's mail, but will no longer accept any permit mail or metor any mail on behalf of Client, and Client will pre -meter all of its mail. Any tail that has not been metered will be returned to Client. Further, Clionf shall not pre -meter First Class mail at the rates specified above, and Instead shall pre -meter alt First Class mail at the then - current Presort Rate. PBPS will rebate back to Client the differeace 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 sums 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 trader the Agreement. Page 3 of 3 Proprietary and Confidential tufonnation PBPS Contract Management - Rev March 2016 idIRM FEE Mail Type USPS Discount Rate .h`ame MRM Fee Per Piece Determined Percentage Letters Mixed AADC $0,00 0% Postcards Presort $0.00 0% Automated Flats N/A $N /A N/A Non- AutornatedFlats N/A $N /A N/A 2.3.2 IMb Downgrade: If Client pre- barcodes its mail with a barcode 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 PBPS, based upon PBPS' calculation of Client's pro -rata share of such non - compliant mail, 2.4 Defend Pricing 'Perms, Upon any Event of Default (paragraph 8 of die Agreement) by Client for failure to make timely payment of Invoices or required postage payments, PBPS may elect to continue processing Client's mail, but will no longer accept any permit mail or metor any mail on behalf of Client, and Client will pre -meter all of its mail. Any tail that has not been metered will be returned to Client. Further, Clionf shall not pre -meter First Class mail at the rates specified above, and Instead shall pre -meter alt First Class mail at the then - current Presort Rate. PBPS will rebate back to Client the differeace 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 sums 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 trader the Agreement. Page 3 of 3 Proprietary and Confidential tufonnation PBPS Contract Management - Rev March 2016 A�R'EP CERTIFICATE OF LIABILITY INSURANCE DATE(MMrDDrYYYY) 0 "t12Gr20t8 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: 9 the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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. 9630 Colonnade Blvd $E 460 San Antonio, TX 78230 NAME: PHONE -- ._._......_..... FAX. ......___. j£r! &.,.Ns.. 11 :.............._.._._..._ AIC No.._............._._..... EMAIL ADDRESS: _ — ... _._ ...................... INSURERMt AFFORCiNG COVERAGE .._. _ _......_. NAIC A INSURER A: ACE American Insurance Company 22667 CN103820270- 6yna-GANtXM-16- _._... ........_.........___.......... ........._.,..— INSURED Dyn amax Operations West LLC 051 R y mer Avenue, Unit -- ........._._ INSURER a: Aluanz Global Risks Us insurance Company ,__...._, 35300 _._- ...______...._...._ _........_...._ INSURER c: s 'berly NJal Fire neuramce Company 2505 INSURER D: NIA WA Fullartml, CA 92&33 _........_.._ ............. _..__......._._._.. NSU E IRR E: INSURER F: $ 10 000,000 COVERAGES CERTIFICATE NUMBER,. HOU- 002697422 -12 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 CONTRACTOR 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 REDUCED BY PAID CLAIMS. _ LTR TYPE OF INSURANCE ADDL _BEEN POLICY NUMBER MMfdO YYYY _ POLICY YYYY _LIMITS A X COMMERCIAL GENERAL LIABILITY 627405106 03101PLD113 OV0112017 EACH OCCURRENCE _ $ 10,000,000 CLAIMS -MADE L I OCCUR -FARA-6-E TO REP O PREMISES G-s ov:_urrence $ 10 000,000 MED EXP (Anyone person)_ $ 10,000 PERSONAL &ACV INJURY _ $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE_ $ 10,000,000 X POLICY ❑ jEC F LOC PRODUCTS- COMPIOP AGO $ 10,000,000 S OTHER' A AUTOMOBILE LIABILITY H69D41260 03/01121 _ 0310112DI7 COMBINEOSINGLE LIMIT $ 10,000,000 BODILY INJURY (Per person) S X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTO$ '', BODILY INJURY (Peraccidrim $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE Par accident � $ B X UMBRELLA LIAB X OCCUR XYZ000152272H 03011(2016 )3/0112017 EACH OCCURRENCE $ 5,000,000 - AGGREGATE 5,000,000 EXCESS LIAB CLAIMS -MADE .„ ....�.._......_,...._..... DEU RETENTION F C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOWPARTMERIEXECUTIVE OFFICERIMENI EXCLUDED? (Mandatory In NH) NIA WA2KD1?0841015 0913012015 0913012016 X PERTUTE ERH - E.L. EACH ACCIDENT -------- _,_..� $ 1,000,600 E.L. DISEASE- EA EMPLOYE $ 1;000,006 If yes, describe under DESCRIPTION OF OPERATIONS Lrelrm _ E.L. DISEASE -POLICY LIMIT _ $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHIC'.LES (ACORD 1a1, Additional Remarks Schedule, may be attached If mora space is required) Cltyof San Ana, Its Ouncers, Employees and Agenls are recognized as an AddNonal Insured on General Liability and Auto Liability as required by wrlllen contract kit City Of Santa Ana 70 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY 0'F THE ABOVE DESCRIBED POLICIES BE CANCELI.EID BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WJITH THE POLICY PROVISIONS. AUTHORI2Er5 REPRESENTATIVE. of Marsh U'SA Inc. .Sy'Lv- �.A+xow: rialits resxerverl. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ACC)RR6 AGENCY CUSTOMER ID: CNIO3820276 LOC #: San Antonio AL o 1 �, ; m] - I M (Page 2 of 2 AGENCY Marsh USA, Inc, NAMED INSURED Dynsmox Operations West, LLC 2061 Faymei Avenue, Unit A FuAanon, CA 92833 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: Certificate of Liability Insurance The above Workers Co upensation policy WA297DV0841015 with Liberty Mama) Fire insurance Company was placed by Marsh USA, hoc. Seabury & Smth, Inc. has only B:1ed in the role of a concialant to link placement, which is indicated here for your convenience. The above Umbrella policy X'200016227226 with AAianz was placed by Marsh Canada Limited. Sesbury & Smuh, Inc, has only acted in the role of a consultant to this placemenl, which Is indicated here for your convenience. The abode Cargo policy 499 -639 with ACE INA Insurance was placed by Marsh Canada Limited, Seabury & Smllh, Inc. has only acted In the role of ai consultant to thus placement, which In lundioasd here for your convenience, IF © 2008 ACORD CORPORATION. All riahts reserved. The ACORO name and logo are registered marks of ACORD