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HomeMy WebLinkAboutPITNEY BOWES PRESORT SERVICES, LLCINSURANCE ON FILE A-2 0 2 2 -0 3 2 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 61 . D 1. 22 FIRST AMENDMENT to the MASTER SERVICES AGREEMENT CLERK OF COUNCIL DATE (l:'FNSR (pan This First Amendment (the "Amendment") is entered into by and between Pitney Bowes Presort Services, 1 � ("PBPS") and City of Santa Ana ("Client"), as of March 1, 2022. PBPS and Client may be referred to 12YSCaA�fb t1f ctively as the "Parties." WHEREAS, Pitney Bowes Presort Services, hic, and Client entered into a Master Services Agreement N on February 1, 2019 ("Agreement"); and N O WHEREAS, on February 26, 2019, Pitney Bowes Presort Services, Inc. converted its business entity and name to Pitney Bowes Presort Services, LLC; and v�9 cz WHEREAS, the Parties desire to amend some terms of the Agreement. 9 NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows: 1. Unless otherwise defined herein, all capitalized terms used herein shall have the same meaning as set forth in the Agreement. 2. In accordance with paragraph 7 ("Term") ofthe Agreement, the Term is hereby renewed for an additional period beginning on April 1, 2022 ("Effective Date") and such Renewal Term expiring on January 31, 2024. 3. Paragraph 22 (Modification) of the Agreement shall be amended and replaced in its entirety to read as follows: a. This Agreement maybe modified only by a written document signed by the parties hereto. b. The terms and conditions of this Agreement shall supersede any and all standard terms and conditions on either parry's preprinted forms, including but not limited to Purchase Orders, Pickup Slips, and Invoices. c. USPS Changes. Notwithstanding any other language in this Agreement, in the event the USPS adopts any new/revised postal regulations, procedures, rates, or incentives that directly affect the cost or provision of the services contemplated by this Agreement, or its accompanying SO Ws, resulting in the need for modification, any such modification may be executed administratively by a signed writing executed by the Client's City Manager and City Attorney. d. Absent City Council Approval, any modification to this Agreement is subject to the annual not to exceed amount identified in paragraph 7 of this Agreement. 4. Schedule 1.0 of SOW #1 is hereby amended and replaced in its entirety. The attached Schedule 1.0 replaces and supersedes any and all previous Schedule 1.0 versions. 5. Schedule 2.0 of SOW #1 is hereby amended and replaced in its entirety. The attached Schedule 2.0 replaces and supersedes any and all previous Schedule 2.0 versions. 6. Schedule 3.0 of SOW #1 is hereby amended and replaced in its entirety. The attached Schedule 3.0 replaces and supersedes any and all previous Schedule 3.0 versions. 7. Schedule 5.0 of SOW #1 is hereby amended and replaced in its entirety. The attached Schedule 5.0 replaces and supersedes any and all previous Schedule 5.0 versions. Page 1 of 7 Proprietary and Confidential ]reformation PBPS Contract Management — Jan 2021 A-2022-')3W 8. Except as amended herein, the terms of the Agreement remain in fuforce and effect and are hereby ratified and affirmed. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement as of the last date and year written below. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: .",k.t"r .. o„ P11 KATHRYN DOWNS, CPA Executive Director Finance and Management Services Agency CITY OF SANTA ANA Mg -TINE RIDG City agan�er PITNEY BOWES PRESORT LLC By: / 2 Name: VinaayGandhi Title: Chief Financial Officer Date: Z ��% ' 2D - Z SERVICES, Page 2 of 7 Proprietary and Confidential Information PBPS Contract Management —Jan 2021 SOW 41- 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, PBPS will pick up Client's mail 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-mail is sufficient), with the initial schedule set forth below. Client Location Pick Up Time(s)' Pick Up Time(s)' Average Daily Same Day. Dated Next Da Dated Volumez 20 Civic Center Plaza N/A 4:30 PM 1,000 Santa Ana, CA 92701 Notes. 1 — All pick up times are local time zone Monday through Friday, excluding holidays, unless otherwise noted, First Class Flat mail may be picked up at the same time as First Class letter mail; however, such Flat mail is always Next Day. Consolidated letter mail to certain commercial delivery points may be submitted to the USPS the following business day, but is then delivered using USPS priority mail. 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 minimum 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 daffy volume of mail set forth above for each location, for pick up and processing by PBPS. 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 Schedule(s) to this SOW. Page 3 of Proprietary and Confidential Information PBPS Contract Management —Jan 2021 SOW #1- SCHEDULE 2.0 FEES FOR AUTOMATED PRESORT SERVICES For automated First ClassO presort services provided by PBPS for mail meeting the Mail Specification requirements, read and accepted on the first pass through PBPS's mail processing equipment, Client shall pay to PBPS the following: 2.1 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 indicia mail, at the then current published 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: Presort Fee Per Piece Mail Type USPS Discount Rate Name Same Da Next Da Letters —Metered Mixed AADC $N/A $0.0341 Letters —Permit Mixed AADC I $N/A 1 $0.0341 2.2 Special Handling: 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"x9" of $N/A per piece. 2.2.2 #14 envelopes of $N/A per piece. 2.2.3 Negotiables (including checks, stock certificates, vouchers, or cash) of $N/A per piece. 2.2.4 Plastics (debit/credit/gift cards) of $N/A per piece. 2.2.5 Other: N/A of $N/A per piece. 2.3 Intelligent Mail Barcode Discount. PBPS will use its commercially reasonable best efforts to prepare Client's First Class letters in accordance with the then current USPS requirements for Full Service IMb processing. PBPS anticipates that it will be successful in such processing and will receive from the LISPS, in addition to other workshare discounts, a discount on such Full Service IMb compliant and qualifying First Class mail ("IMb Discount'), Accordingly, the IMb Discount is factored into the prosort fee in paragraph 2.1 above. In the event that the USPS eliminates or reduces the IMb Discount, PBPS may adjust the presort fee following written notice to Client as provided in paragraph 7 of this SOW. 2.4 Exception Handling Fee. Mail that is rejected by the sorting equipment ("Machine Rejected Mail" or "MRM"), including mail that fails Delivery Point Validation ("DPVTM"), mail with a pre-printed barcode that is not Full Service Intelligent Mail Barcode ("Full Service IMb") compliant, mail 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 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 Fc+e plus any applioat le Pxeeption 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 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. 2.4.1 Machine Rejected Mail (MRM) Fees: At the time of this SOW, based on the readability of Client's mail, the applicable MRM Fee will be applied to the determined percentage of Client's mail for each mail type and USPS discount rate set forth in the table below. The MRM Fee will be applied to such percentage regardless of the actual number of pieces of Exception Mail on any given day. MRM FEE Mail Type USPS Discount Rate Name MUM Fee Per Piece Determined Percenta e Letters I Mixed AADC 1 $0.00 0% In the event 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 revise the MRM Fee and/or applied percentage upon fifteen (15) days advance written notice. The revised MRM Fee will be applied to a Page 4 of 7 Proprietary and Confidential Information PBPS Contract Management —Jan 2021 percentage of Client's mail representing the Exception Mail, as determined by the most recent readability report attached to the notice. If Client has taken steps to improve the mail readability, Client may request a more recent readability report be used to determine the Exception Mail percentage applied. 2.4.2 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. 2.5 Default Pricing Terms. In the event Client fails 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 mall 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. Further, Client shall not pre -meter First Class mail at the rates specified in paragraph 2,1 above, and instead shall pre -meter all First Class mail at a higher USPS Discount Rate as designated by PBPS ("Substitute Rate"). PBPS will rebate back to Client the difference between the pre -metered Substitute Rate and the rates specified in paragraph 2.1 above for mail processed at the Substitute 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 designated Substitute Rate, PBPS may pursue other options as permitted under the Agreement. Page 5 of 7 Proprietary and Confidential Information PBPS Contract Management — Jan 2021 SOW 41- SCHEDULE 3.0 FEES FOR OTHER SERVICES For other services identified herein, Client shall pay to PBPS the following: 3.1 Ancillary Fees. PBPS reserves the right to charge the applicable fee for services performed to correct Client's mail not hi compliance 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: Service Fee Per Piece unless otherwise indicated Meter Date Correction $0.03 Missing Endorsement $0,03 Metering Fee—Letters/Postcards $0.04 Metering Fee — Flats $0.10 Meter Strip $0.15 +$30.00 perhourper person Labeling LML $0.15 +$30.00 per hour,perperson) Sticky Mail ./ Billable Hourly Work $30,00 arhour, er erson— minimumI he Excessive Waiting Time at Pickup: Straight truck or van $75.00 per hour (minimum 1/2 hour after 30 minutes) Excessive Waiting Time at Pickup: Tractor trailer $125.00 per hour (minimum 1/2 hour after 30 minutes) 3.2 Transportation. For the mail transportation services described in paragraph 1 of the SOW, Client shall pay PBPS a fee of $0.00 nor dck ui , which shall be invoiced and payable according to paragraph 4 of the Agreement. 3.3 Fuel Surcharge. 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 fuel costs associated with performing the services described in this SOW. Page 6 of 7 Proprietary and Confidential Information PBPS Contract Management —Jan 2021 SOW #1- SCHEDULE 5.0 MOVE -UPDATE REOUIREMENT 5.1 Move -Update Option. Client will complete a Certification of Move Update Compliance form as maybe 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 move -update option(s): .Indicate the selected option for Move Update Solution by placing an 'W' in each column under the mail category type indicated. O tion First Class First Class First Class Letter Mail Postcard Mail Flat Mail Notlicabla X X A USPS approved Move Update Solution provided and X utilized by Client on all Client mail ofthis type PBPS Move Update Solution (an NMOCR-based software application such as Siemens UMovee) provided by PUPS on all Client mail of this type A USPS approved Move Update Solution provided and utilized by Client on all Client mail of this type, except for designated jobs within the mail type as agreed by the parties on which PBPS shall utilize the PBPS Move U date Solution The USPS uses a census method of testing to determine if a mail owner's addresses are being updated as required by USPS Move Update Compliance regulations, Mailpiece compliance is measured per calendar month and results are reported on the USPS Mailer Scorecard. Mailer Scorecards are available for individual mail owners and for PBPS, the mail presenter. The USPS will assess penalties or postage assessments against PBPS as the eDoc submitter associated with the mailing ifthe total Move Update failures submitted by PBPS per operating center under its USPS Customer Registration ID (CRID) is over the USPS established threshold for the month. If Client has its own USPS Mailer ID (MID), Client agrees that it will monitor its own failure rate for performance on the USPS Mailer Scorecard by the MID/CRID, which can be accessed through the USPS Business Customer Gateway. The parties will cooperate to identify and resolve failures involving Client's mail if either party has reasonable concerns about meeting the Mailer Scorecard threshold requirements. The parties shall also cooperate to promptly appeal any penalty or assessment by the USPS if there are reasonable grounds to advocate an appeal. 5.1.1 As to each job(s) for which Client elects to rely on its own application of a USPS Move Update Solution, Client will reimburse PBPS for any penalties or postage assessments imposed by the USPS against PBPS due to, or caused in part by, Client's mailpiece Move Update failures which exceed the Mailer Scorecard threshold, based upon PBPS's calculation of Client's pro -rats portion of such penalty or assessment for that month. 5.1.2 As to eachjob(s) for which Client elects the PBPS Move Update solution applied by PBPs, client wit not be charged for such Move Update penalties or postage assessments imposed by the USPS against PBPS, on mailpieces processed by PBPS under those jobs even if the Move Update failures on those jobs exceed the Mailer Scorecard threshold. 5.2 Physical Requirements 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, 5.3 PBPS Move Update Solution - Feet Client shall pay the following Application Fee per each piece of mail scanned using the PBPS Move Update Solution: M it T e—��p26cation Fee Per Pi ce Letters I $N/A Page 7 of 7 Proprietary and Confidential Informnilon PBPS Contract Management— Jan 2021 "1 0, i aam:¢mgeakssr,ffs®e CERTIFICATE OF LIABILITY INSURANCE °nTE(MM/DDnvvr) 1z/lo/zou 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 ATE BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE R(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poncypes) must have ADDITIONAL INSURED provisions or 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 endorsements . PRODUCER Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT Willis Towers Watson Certificate Center NAME: PHONE Ex . 1-877-945-7378 AIC No: 1-888-467-2378 E-AOOMAIL certificates@wi ilia. coRESScore INSURERS AFFORDING COVERAGE NAIC # INSURERA: ACE American Insurance Company 22667 INSURED Pitney Howes Inc. INSURERB; Commerce 6 Industry Insurance Company 19410 3001 S,umaer Street Stamford, CT 06926 INSURERC: Indemnity Insurance Company of North Ameri 43575 INSURERD: ACE Eire Underwriters Insurance Company 20702 INSURERE; National Eire 6 Marine Insurance Company 20079 INSURER F CnVFRAr FC neorrrrna THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE rcCvtsUN NUMBER: D NAMED ABOVE FOR THE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT POLICY PERIOD 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TERMS, INSR ADDL SUBR LTR TYPE OF INSURANCE POLICYNUMBER LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EACH OCCURRENCE D AGE ORE D $ 2,000,000 A PREMISES Ea occurrence $ 300,000 y 7PRODUCTS MED EXP(Any one person) $ 5,000 BDO G72991075 PERSONAL &ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY ❑PRO- ❑ LOC GENERAL AGGREGATE $ 4,000,000 JECT -COMP/OP AGG $ 4,000,000 OTHER: ILE COMBINED SINGLE LIMIT $ X( X ANY ANY AUTO AUTO Es accident 2,000,000 BODILY INJURY (Par person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS ISA 825550511 07/01/2021 07/01/2022 BO DI LYI UURY(par accident) $ HIRED N NCN�O AUTOS ONLY AUTOS AUTOS ONLYLY PROPERTYDAMAGE $ Per accident $ MBRELLALIAB x OCCUR XCESS LIAB CLAIMS -MADE 66323214 07/01/2021 07/01/2022 EACH OCCURRENCE $ 5,000, 000 AGGREGATE $ 5,000,000 ED RETENTION ERS COMPENSATION PER $ MPLOYERS'LIABILITY YIN X ORH OPRIETORIPARTNER/EXECUTIVE RIMEMBEREXCLDDED7 No NIA AWorkers E.L. EACH ACCIDENT $ 2 0000,000 WLR C67914630 07/01/2021 07/01/2022 NH) eryln as,describe under E.L. DISEASE -EA EMPLOYEE $ 2,000,000 IPTION OF OPERATIONS below E.L. DISEASE. POLICY LIMIT $ 21000,000 ers Compensation and WLR C67814678 07/01/2021 07/01/2022 E.L. Each Accident 02,000,000 oyers' Liability E.L. Disease -Ea Emp. $2,000,000 Statute E.L. Disease Policy $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 06/29/2021 WITH ID: W21417247, SEE ATTACHED CERTIFICATF Hr1I nFR City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 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 ACORD 25 (2016103) 91988-2016 ACC The ACORD name and logo are registered marks of ACORD SR 10, 219278BB RAWM 2336113 Ri?R M Rna9smeMAnalyst AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY Willis Towers Watson Northeast, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAMED INSURED Pitney Howes Inc. 3001 Summer Street Stamford, CT 06926 NAIC CODE See Page 1 I EFFECTIVE DATE; Be. Pave 1 Page 2 Of 2 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The City of Santa Ana, its officers, officials, employees, and volunteers are included as Additional Insureds as respects to General Liability where required by written contract. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds where required by written contract. INSURER AFFORDING COVERAGE: ACE Fire Underwriters Insurance Company POLICY NUMBER: SCF C6781471A EFF DATE: 07/01/2021 EXP DATE: 07/01/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation and E.L. Each Accident 02,000,000 Employers' Liability E.L. Disease -Ea Emp. $2,000,000 Per Statute E.L. Disease Policy $2,000,000 INSURER AFFORDING COVERAGE: National Fire & Marine Insurance Company POLICY NUMBER: 42-XSF-316064-01 EFF DATE: 07/01/2021 EXP DATE: 07/01/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Business Auto Limit: 01M xs $2M NAIC#: 20702 NAIC#: 20079 © 2008 ACORD The ACORD name and logo are registered marks of ACORD SR ID: 21927888 BATCH: 2336113 CERT: W23052463 pp REMEWED &pPROVED BY: W(MONIgeMentAnalyst POLICY NUMBER: HDO G72491075 1 Endorsement Number: COMMERCIAL GENERAL LIABILITY CG 2015 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) (Vendor Your Products Any Vendor whom you have agreed to Include as an All of your products, additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown In the Declarations. A. Section II — Who Is An Insured Is amended t6 include as an additional Insured any person(s) or organization(s) (referred to below as vendor) shown In the Schedule, but only with respect to "bodily Injury" or "property damage" arising out of "your products" shown In the Schedule which are distributed or sold In the regular course of the vendor's business, subject to the following additional exclusions: 1. The Insurance afforded the vendor does not apply to: a. "Bodily Injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have In the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; CG20150704 d. Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, 4esting, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for Its own acts or omissions or those of Its employees or anyone else acting on its behalf, However, this exclusion �+oP�t a� Iv tn• © ISO Properties, Inc., 2004 Risk Ntanacgam ntAnalyst (1) The exceptions contained In Sub- paragraphs d. or f.; or (2) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connection with the distribution or sale of the products. 2. This Insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Page 2 of 2 OO ISO Properties, Inc., 2004 9 fij%k� RtekMm Wmw1DMsbn . REAEM ✓M APPROVED BY. Rtsk fytanagement Analyst ... .. ...ma's_ NOTICE TO OTHERS ENDORSEMENT— SCHEDULE HDO I G72491076 1 7/1/2021 to 7/1/2022 1 7/1/2021 ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine; to the persons or organizations listed in the schedule that you or your representative provide or have provided to us (the "Schedule"). You or your representative must provide us with the physical and/or a -mail address of such persons or organizations, and we will utilize such a -mall address or physical address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after: t. The beginning of the Policy period, if this endorsementis, effective as of such dale; or Il. This endorsement has been added to the Polley, if this endorsement is effective after the Policy period commences. C. The Schedule must be in an electronic format thatis acceptable to, us; and must be accurate. D. Our delivery of the notification as described In Paragraph A. of this endorsement will be based on the most recent Schedule In our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send or deliver such notice to the a -mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Polley, R The notice referenced in this endorsement is Intended only to be a courtesy notification to the person(s) or organizatlon(s) named in the Schedule in the event of a'pending cancellation of coverage;, We have no legal obligation of any kind to any such person(s} or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s). shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Polley cancellation data and will riot negate any cancellation of the Policy.. G. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect Information that you or your representative provide to us. If you or your representative does riot provide us with a Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with a -mail and physical address Information with respect. to a particular person or organization; then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation, L You will cooperate with us in providing the Schedule, or In causing your representative to provide the Schedule. J. This endorsement does not apply In the event that you cancel the Policy. ALL•32667 (05111) .nub lUekMmtegnn¢tttDivislan. s' /REVIEWED&yAP(P(R�Wa7 BY. RO Kanage,nentAnalyst All other terms and conditions of the Policy remain unchanged. i ALL-32687 (05111) r 1 Authorized RepreseroiiGe yyim• RtelcnentD[Wnlan +� $ REVIEWED r. APPROVED BY: e' low "w---'� Rt��k Mar✓a9�meneAnalyst NOTICE TO OTHERS ENDORSEMENT - SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, A. If we cancel the Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule that you or your representative provide or have provided to us (the "Schedule"). You or your representative must provide us with the physical andtor a•mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after; I. The beginning of the Policy period, If this endorsement is effective as of such date; or it. ;this endorsement has been added to the Policy, If this endorsement is effective after the Policy period commences. C. The Schedule must be In an electronic format that is acceptable to us; and must be accurate. D. Our delivery of the notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule In our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy, F. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such pemon(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall Impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with a Schedule, we have no responsibility for taking any action under this endorsement. In addition, If neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation. I. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule, J. This endorsement does not apply in the event that you cancel the Policy.- ALL-32687 (05/11) �v klekhtanu�ementglvislmr. p REMEWEo&APPRav¢zar. I PoxK ATnw�gamentM�U'si All other terms and conditions of the Policy remaln unchanged. ALL-32667 (05111) "MMvgeMMtDMsbn i= RWMEO & APPROVED BY. Wtslt t4anIyetmnt Analyst