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AG 10-015RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: FINANCE 2. ORIGINATING STAFF PERSON: THO KRAUS EXT: 2520 3. DATE REQ. BY:10/9/2009 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT x PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG O REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG#): � OTHER ❑ SECURITY DOCUMENT (E.G. BOrm xELA�D nocuMExrS) ❑ RESOLUTION 5. PROJECT NAME: MAIL PICK-UP. PROCESSIN� AND DELIVERY SERVICES 6. NAME OF CONTRACTOR: POSTAL EXPRESS ADDRESS: PO BOX 864. BELLEWE, WA 98009-0864 TELEPHONE (4251646-9224 SIGNATURE NAME: BRIAN BUTLER TITLE: PRESIDENT 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN � REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: CONIMENCEMENTDAT'E: 1/1/2010 COMPLETIONDAT'E: 12/31/2015 9. TOTAL COMPENSATION $ SEE RATE SCHEDULE (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES � NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES T.4X OWED � YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR O CTfY ❑ PURCHASING: CHARGE TO: 75% 503-1100-043-518-92-425 / 16% 503-1100-043-521-99-425 / 9% 503-1100-043-512-50-425 10. CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR � INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ RISK MANAGEMENT (IF APPLICABLE) l'� LAW �����dl 11. CONT CT SIGNATURE ROUTING �� SENT TO VENDOR/CONTRACTOR DATE SENT: � I��J I V l DATE REC'D: � �) � � ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED �AW DEPAR NT r D SIGNATORY ttDlxEEC'rox) � G/� �.n �o?i4-�iu � CITY CLE 2• 2.� Q G� `� ASSIGNED AG# AG# � ( � SIGNED COPY RETURNED DATE SENT: II '�i O COMMENTS: 4/9 � C1TY G1� ��r �iw iwwr ��' G1TY HALI. ���� ���� am ��nue �outn • �o eox s��a �edaral Way, �NA 98�63-9718 �2b3} 835-7i�C� w�nv r�#ycr#lr.atferahn�ry. c�m PROFESSIONAL SERVICES AGREEMENT FOR MAIL PICK UP AND DELIVERY SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Postal Express, a sole proprietor ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: POSTAL EXPRESS: Postal Express PO Box 864 Bellevue, WA 98009-0864 (425) 646-9224 (telephone) (425) 646-0835 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Tho Kraus 33325 8 Ave. S. P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) Tho.Krausn,citvoffederalwav.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2015 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services mare specifically described in E�chibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (ar failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in E�ibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICE AGREEMENT - 1- PSA Ind Council3/31/09 t�rr� o� �'��d�er�l CITY HALL ���� 33325 8fh Avsnua South • PO Box 9718 Federai Way, ViVVA 98fl63-�798 (253) 835-7UD0 t�v c�#ynfl�rerartway. rom 4.2 Method of Pa„yment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-A�propriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. T'he Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 Citv Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitx-ations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or terminarion of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors, as provided in E�ibit "C", attached hereto and incorparated by this reference, for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. PROFESSIONAL SERVICE AGREEMENT - 2- PSA Ind Council 3/31/09 c�rr s�� � �'+����r�l cmr ���. ����� 3�325 8fh Avenuo �out� • P4 Bo3c 9798 ����► ,��,,, ,�� ������, $ (2S3} 835-7�C� a�vw ct�%fil�s�ra�y. com 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted. by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Wark shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractar shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other taar which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. PROFESSIONAL SERVICE AGREEMENT - 3- PSA Ind Council3/31/09 CtTY q� ������' ��� 13. GENERAL PROVISION5. GtTY HAL� 33326 8fh Avenue South • Pt3 Box 9718 Fet3era! Way, WA 98{�3-9718 (2v3} 835-7fl00 w�n� �rtyofi�ra;�v�y cr�rrr 13.1 Interpretation and Modification. This Agreement, together with any attached Eachibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective far any purpose. Should any language in any Eachibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now eausting or hereafter amended, adopted, ar made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full .farce and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. T'his Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. PROFESSIONAL SERVICE AGREEMENT - 4- PSA Ind Council 3/31/09 crr�r o� �`�d�r�� ct�tr r��� ���,�, 333z� 8th Avenue sou#h • Pa aox 971s Fet�era! �a3+, WA 98fl6�-971 � (2�3) 835-70tt4 sarrs�+: cr#�#�iera;'way. com 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICE AGREEMENT - 5- PSA Ind Council 3/31/09 CITY O� ����[ �' GI1"Y NAII ��+� ,� 333as sth Avenu� south • Po a�c s71 s 1/ Federai Way, WA 98063-�718 „� {2v3) 835-70Cf�} �mv crzyzr�ratw�►y. c.nm IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By; -^-- Brian Wilson ' City Manager %�4Ch�4! DATE: /– d y-�r�/J POSTAL EXPRESS ATTEST: City Clerk, Carol McNei y, CMC APPROVED AS TO FORM: � City Atto , Patricia A Richar son By: Printed Name: ��� �e�a� Title: �11(��0� DATE: I �/`��� STATE OF WASHINGTON ) ) ss. COUNTY OF �-=r ri� ) On this day personally appeared bef re me �ev� .��� , to me known to be the _; �� �� r - of as� C �x p� i that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that hefsh�e- was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. s� i--- GIVEN my hand and official seal this 2 � day of ��►� `^� , 20�. _..�w�._ , �r h�w Notary's signature — Notary's printed name c. 3`_ L u•�� '� Notary Public in and for the tat of Washington. � My commission expires (o � (� PROFESSIONAL SERVICE AGREEMENT - 6- PSA Ind Council 3/31/09 n � ' '� ��� ,rc r �.•, ,+� � ,r +rr CfTY HALL �� A j�� 3.'�i$� StI'3 AY811U$ SOUt}1 • PO BQX ��'�$ �T �� Federal Way, WA �8U63-9718 {253) 835-7flt� a�vw. utyotfc�derr�Avcry: can EXHIBIT "A" SERVICES The Contractor shall do or provide the following: Mail Pickub and Processin� Service (1 pick-up per day) Contractor may design their own route for pick-up and deliveries at City facilities. However, pick-up of outgoing mail at City Hall shall not be earlier than 4:OOpm daily. Contractor sha11 provide daily pick-up of outgoing mail at the following City facilities: CITY FACILITIES Location Incoming Mail Outgoing Mail Federal Way City Hall n/a Pick-up no earlier than 4:00 33325 — 8�' Ave South pm each weekday. Federal Wa , WA 98003 Mail shall be picked up no later than 4:OOpm each weekday afternoon for metering qualifying pieces of mail at a pre-sort rate. Mail will be bundled by City staff and identified by department name or as outlined in the internal service chart below, which will be basis for monthly accounting reports. Mail will be processed and sent out the same day as pick-up. INTERNAL SERVICE CHART The table below lists the current cost centers and codes. At the City's request, Contractor will modify, add or delete cost centers and codes. Cost Center Code CC — City Council O10 CM — Administration 020 CM — Comm & Govt Affairs 021 MGMunicipal Court 022 CM — Economic Development 025 FIRE- Fire Prevention 039 FI- Mgmt Administration 041 K:�FIMIS\2009�Postal Express�PSA-Postal Express Exhibits A b.doc - 1- crrr o� �.... �e��ral � Gl"fY HA�.�. 3332� Sth Au�nue South • PO Bax 9718 '���� �a��� �� ,�� �������, � ����> $��.��� �w cr1 yofl�err�M�,! carn CITY HOLIDAYS OBSERVED Each year, on or before December 1 S `, the City will provide contractor with the specific dates for each holiday observed in the upcoming year. New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day observance Thanksgiving Day Day after Thanksgiving Christmas Day K:�FIN�IS�2009�Postal Express�PSA-Postal Express Exhibits A b.doc - 2- . �„ ,:��, ,., `�: � `` 'wr crrv ��,�.� �� y �� 3332� Sth Avenue South • PO 8ox 9718 f� �ederai Way, WA 9$063-9718 (253} $�5-7tit� avv��vu. cilya�€�ae�r�iiy ccxr� EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Eighty Seven Thousand Five Hundred ancl 00/100 ($87500.00) and based on the agreed annual rates letter. 2. Method of Compensation: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of per piece handling/management fee and a daily flat rate for pick-up and mail processing fee. Annually, by December 1 st, the Contractor will provide the City with the proposed annual rates for the upcoming year. 2009 Rates: $20.38 pick-up fee per day $48.18 mail processing fee per day $0.04 per piece handling/management fee 2010 Rates: $21.60 pick-up fee per day $51.07 mail processing fee per day $0.04 per piece handling/management fee K:�F'INUS�2009�Postal Express�PSA-Postal Express Exhibits A b.doc - 3- c�r� �€ � �"���r�1 ctr�r ���.�. ����,�, 33325 Sth Auerrue South , Pa Bax 9718 Federat Vtlay: �IA 98063-9718 �25�} 83a-7t3C34 ,v��rvu crfye�ffc�dar�slw�y s o; r7 EXHIBIT "C" INSURANCE 1. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 2. Contractor's maintenance of insurance as required by the agreement sha11 not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state- run workers' compensation program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the Ciiy with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Tertn of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. K:�F'IN\IS�2009�Postal Express�PSA-Postal Express Exhibits A b.doc - 4- . �� Pos�ai E�press ��.,�r�r�.c�,�.s� November 13, 2009 City of Federal Way Jeri-Lyr3n Clazk 33325 8 Ave S. Federai Way, WA 98003 RE: Postal Express Rates for 2010 Jeri-Lynri, Thank you for the cail regarding your rates for 2010. To confirm what I ha.ve sent you the rates will be increased by 6% for next year. Effective January 1 S `, 2010 you will see the following: Pick-up Fee Per Day (US Mail) -$21.60 Mail Processing Fee Per Day (CJS Mail) -$51.07 Per Piece Handling Charge (US Mail) -$U.04 Please note there was no increase made to the Per Piece Har�dling Charge for 2010. If you have any questions please feel free to contact me direcfly. Regards, �^ Steven Bsrgan Director, Business Development P4 Box 864 • Bellevue, WA 98009 • Ph: 425.646.92 � 9/29/2009 15c02 Bratrud Middlton Insurance Leah Shamberg->City Of Federal Way 2/3 * ' Client#:111727 POSTEXPR ACC�RD CERTIFICATE OF LIABILITY INSURANCE 9;29;2oo9'� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Propel Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Seattle Commercial Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 925 4th Ave, Suite 3200 Seattle, WA 98104 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: M8X Sp@C12It�/ If15UPa11C2 COfllp8fl)/ Postal Express, Inc. �NSUReR a: Scottsdale Insurance Company 10850 117th Place NE wsuReRC: Wesco Insurance Company Kirkland, WA 98033 INSURER D: INSURER E: COVERAGES THE POLICIES OF WSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POUCY 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 WSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �TR SR TYPE OF INSURANCE POLICY NUMBER P ATEY EFFOD/YYE POL�TE MM/D /YY�N LIMITS A GENERALLIABILITY MAX013302000002 12/01/08 12/01/09 EACHOCCURRENCE $� Q�Q �00 X COMMERCIALGENERALLIABILITY PRMAGESORE�Nc�EDn $�OOOOO CLAIMS MADE � OCCUR MED EXP (Any one person) $ OQ� X WA Stop Gap PERSONAL & AOV INJURV $� QQQ QQQ GENERALAGGREGATE $L OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODVCTS - COMP/OP AGG $'I OOO OOO X POLICV PRO- LOC JECT Ci AUTOMOBILE LIA81LfTY WPP4000189100 12/01/08 12/01/09 COM8INED SINGLE LIMIT $ ANYAUTO Auto PhysiCal (EaaccfdanQ ALL OWNED AUTOS DdR189e: 80DILV INJURY $ X SCHEDULEDAUTOS CompDed-$5 (Perperson) HIRED AUTOS Coll Ded- $S �OOO BODiLV iNJURV $ NON-OWNED AUTOS (Per accidanl) PROPERTYOAMAGE $ (Per accident) GARAGE lIAB1UTY AUTO ONLV - EA ACCIDENT $ ANV AUTO OTHER TMAN EA ACC $ AVTO ONLV: qGG $ B EXCESS/VMBRELLALIABILITY UMS0024063 �Z/O�/OH 12/01/09 EACH OCCURRENCE $4 OOO OOO OCCUR � CLAIMS MADE AGGREGATE $4 OOO OOO $ DEDUCT�BLE $ X RETENTION $ � O OOO $ WC STATU- OTH- WORKERS COMPENSATION AND T Y I EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPIOYEE $ If yas, descrbe untler � SPECIAL PROVISIONS below E.L. DISEASE • POLICY UMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS . Evidence of Msurance. City of Federal Way C/O Jeri-Lynn Clark PO BOX 9718 Federal Way, WA 98063-9718 SHOULD ANY OF TNE A80VE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE TNEREOF, THE ISSUING INSURER WtLL ENDEAVOR TO MAIL �p_ DAY$ WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIIURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATNE �3�*r��.9 �r^��� ACORD 25 (2001/08) 1 of 2 #S327149/M264584 LJS00 � ACORD CORPORATION 1988 � 9/29/2009 15:02 Bratrud Middlton Insurance Leah Shamberg-�City Of Federal Way 3/3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this ceriificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S327149/M264584