Date: June 1, 2003 Account #: 425372

To: The California Digital Library

From: Brian J. Raasch
Tricor America, Inc.

This letter will serve as a Memorandum of Understanding between Tricor America, Inc. (hereinafter “Tricor”) and The California Digital Library/The University of California. This letter is to be construed as an agreement between parties only and not as a formal contract.

The agreement consists of the following terms:

I. Services

The purpose of the services outlined in this agreement is for the transportation of bibliographic and media materials between The University of California campuses listed in Appendix 1: Participating Campuses.

Tricor agrees to:

a. Provide one or two campus stops per day, at campus option, for the pick-up and delivery of all bibliographic and media materials—See Appendix 2: Pick and Delivery Times
b. Provide overnight delivery service between all of the participating campuses
c. Designate a representative who shall serve as the contact for each campus with respect to any questions or problems that may arise during the term of this agreement
d. Provide a manual tracking system until an electronic one can be implemented

The University of California agrees to:

e. Designate one staff member from each participating campus to serve as a coordinator for Tricor on all matters related to the physical transportation of materials
f. Provide courier access to all designated pick-up and delivery locations on campus.

II. Rates and Payment

The California Digital Library agrees to pay Tricor the total annual fixed monthly charges at the beginning of the contract year (January 1, 2003) and an additional annual fee for planned overweight charges—See Appendix 3a: Schedule of Fixed Monthly Charges and Appendix 3b, Schedule of Overweight Annual Charges. Tricor will bill the campuses separately for any additional charges incurred,, such as charges for supplies or any special shipping needs not already included in daily scheduled pick-ups or deliveries.

Fixed monthly charges include:

a) Stop Fee: For those campuses having two campus stops per day, the monthly Stop Fee is $176.00. For those campuses with one campus stop per day, the monthly Stop Fee is $88.00. The Stop Fee is calculated at $ 4.00 per campus stop billed over (22) business days per month. For those campuses with CSU cost sharing, the monthly Stop Fee is $66.00.

b) Contract Weight Charges: Each campus/library is allocated a fixed number of pounds it can ship each day to the other participating campuses at a fixed monthly cost—See Appendix 3 for detailed cost information. The allocation of weight is based on historical shipping data recorded over one calendar year. —See Appendix 4: Daily Weight Allowances for a breakdown of the weight allocations by campus.

Additional monthly charges include:

a) Additional Weight Charges: Tricor will track each campus/library, in accordance with the following Schedule of Rates, for any shipments weighing more than the daily allowable weight: These charges will be calculated annually, based on historical shipping data recorded over one calendar year. A revised fee schedule is to be agreed upon by Tricor and CDL.

TRICOR agrees to:

a) Limit the number of rate increases to one per academic fiscal year

b) Restrict the amount of any future rate increase to no greater than the Consumer Price Index (CPI), but no more than five percent (5%) per academic fiscal year

c) Notify UC San Diego of any rate increases by March 31, 2002/2003/2004

d) Issue the appropriate credits for failure to meet any service commitments outlined in this document

In addition to the above monthly charges, each campus agrees to pay Tricor for:

a) The cost of courier pouches, transport bins, security vaults, and such other items required or requested by The University of California --See Section V. Packaging and Labeling for detailed cost information

b) The cost of cable ties used to secure courier pouches and transport bins--$ 15.00 per bag of 1,000 cable ties

c) Any services rendered on the federal holidays listed in Section III. Holiday Service
($ 25.00 per location)

d) The cost of any parking or loading permits required to operate on campus.

III. Holiday Service

TRICOR observes the following federal holidays:

The liability of Tricor to The California Digital Library/The University of California for negligent loss or damage of any shipment or part of a shipment shall be limited to the cost of restoration and repair or the face value of items that cannot be restored or repaired provided however, that the maximum liability of Tricor shall not exceed the sum of $ 100.00 per book or $ 500.00 per package.

The University of California agrees to:

a) Insure that every package tendered to Tricor for transport is properly packaged and the destination clearly marked—See Appendix 6: Packing and Shipping Guidelines

b) Maintain records of each item contained in any package handled under this agreement

c) Notify Tricor in writing, within 45 days after the occurrence thereof, of any claim of damage to or loss of any property delivered to Tricor for transport, and shall furnish proof thereof in a form satisfactory to Tricor or to its insurance carrier. Further, The University of California shall fully cooperate with Tricor and its insurance carrier to affect recovery or minimize any loss.

Tricor agrees to:

d) Handle all shipments according to the guidelines listed in Appendix 7: Tricor Handling Guidelines

Tricor will make available for purchase to the University of California a supply of reusable transport bins and courier pouches, into which materials may be placed for shipment. Tricor will supply labels, at no cost, for placement on the containers to indicate their destination. The sender’s address is printed on the verso of each label so that upon reaching its destination, it can be reversed and the container returned to its original owner. Beginning June 1, 2000 newly purchased bins must be marked with the purchase date. Tricor will replace any bins damaged during the shipping process within the first 6 months of use at no additional cost.

Packaging Options and Replacement Costs

VI. Service Commencement and Right of Termination

The term of this agreement shall be 12 months. Service under this agreement will commence on January 1, 2003 and operate through December 31, 2003. This agreement shall be subject to a right of termination by either party hereto delivering to the other written notice not less than 30 days prior to the effective termination date.

In the absence of a new agreement prior to or after December 31, 2003, the terms and conditions of this agreement shall be extended on a month-to-month basis.

Appendix 1
Participating Campuses

The purpose of the services outlined in this agreement is for the transportation of bibliographic and media materials between the University of California campuses listed below:

The University of California

UC Davis
UC Davis Law Library
UC Berkeley
Northern Regional Library Facility
UC San Francisco
UC Santa Cruz
UC Merced
UC Santa Barbara
UCLA
Southern Regional Library Facility
UC Riverside
UC Irvine
UC San Diego

The California Digital Library/The University of California can expand the number of locations covered under this agreement at any time during its term.

Appendix 2
Pick-up and Delivery Times

Appendix 3
Schedule of Fixed Monthly Charges
January 1, 2003 – December 31, 2003

Appendix 3a
Schedule of Fixed Monthly Charges
July1, 2003 – December 31, 2003

Appendix 3B
Schedule of Fixed Overweight Charges
January 1, 2003 – December 31, 2003

Appendix 5
List of Tricor Accounts

Appendix 6
Packing and Shipping Guidelines

1. Books and General Collections will be shipped in bins or pouches as appropriate for the size of the shipment.

2. Books in bins will be packed with appropriate padding to prevent them from shifting within the bin.

3. Books in pouches may be packed in envelopes/jiffy bags for additional protection.

4. Articles may be placed in hard covered folders (such as color-life expanding wallets with grippers) and shipped in pouches.

5. Pouches may be shipped in bins for greater protection.

6. Microfilms and maps will be individually wrapped before shipping in bins. Microfilms will not be shipped in pouches.

7. Audiotapes, CD's and sound recordings will be placed in a box for shipment with a pouch or bin. LP's will be sent in bins only.

8. Fragile/damaged items will be tagged prior to shipping in bins and/or pouches.

9. Receiving campus will complete a Damage Report and send it to the Tricor Coordinator (Tammy Dearie - UCSD).

10. Empty bins and pouches will be returned, empty or not, to their owning library.

Appendix 7
Tricor Handling Guidelines

1. Pick-ups and deliveries will be made in an appropriate delivery vehicle that ensures the safety of materials being shipped. Materials may not be exposed to climatic conditions that would compromise the items (including exposure to water, extreme heat or extreme cold). Materials must be covered from the elements at all times including during trans- portation and when waiting for transfers.

2. Bins will be covered in plastic for protection, especially during rain. If items are noticeably wet, Tricor will notify the library immediately so that measures can be taken to prevent mold or mildew.

3. Deliveries must be left where they are protected from weather conditions.

4. Bins and pouches must not be thrown or handled in any manner that could damage the materials inside.

5. Bins must not be stacked over five bins high.

6. Tricor personnel will be uniformed and display identification badges.

7. Tricor vehicles will be appropriately marked and/or display window signage.

8. These guidelines apply to Tricor and its subcontractors.