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HomeMy WebLinkAboutInfosend, Inc. - 2012-08-06Co�;� Council/Agency Meeting Held:O/� Deferred/Continued to: )L proved Conditionall A prov d ❑ Denied �j.600 C CI 's Si ature Council Meeting Date: August 6, 2012 Department ID Number: FN 12-018 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Lori Ann Farrell, Director of Finance SUBJECT: Approve and authorize execution of a contract with Infosend Inc., to provide utility bill statement print, mail, and electronic delivery services Statement of Issue: City Council approval is requested for a three-year agreement between the City of Huntington Beach and Infosend Inc., to provide the City with print, mail, and electronic delivery services of the City's utility billing statement. Financial Impact: The FY 2011/12 Adopted Budget contains sufficient funding in account numbers 10035206.63395 (Postage and Delivery) and 10035206.69505 (Printing and Processing) for these services. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Infosend, Inc. for Utility Bill Statement Print and Delivery Services with Online Payment Servicing" in an amount not to exceed $780,000 for a three- year term; and, B) Authorize the City Manager to execute all documents in furtherance of this Agreement. Alternative Action(s): Do not accept recommendation and direct staff accordingly. Item 8. - I HB -182- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: FN 12-018 Analysis: The City of Huntington Beach has maintained a service contract with Infosend, Inc. since 2003, to provide utility bill statement print and mail services. Infosend also provides printing services related to monthly bill statement inserts. The City is currently on a month -to -month contract. The City recently issued a Request for Proposal for utility bill print, mail, and electronic delivery services to ensure the City receives the most competitive pricing. Five proposals were submitted in response to the RFP. The proposals were evaluated by a four person review committee consisting of employees from the Public Works, Finance, and Information Services Departments. The evaluation process considered demonstrated experience, cost of providing the service, proposed methodology, customer service references, and compliance with the bid instructions. The staff reviews were conducted independently of each other, compiled and summarized by the Fiscal Services Manager and results were discussed as a group. The highest rated vendor was Infosend, Inc., who also provided the City with the lowest cost proposal. Infosend's proposal also included a component for online bill statement review services, electronic bill statement presentment and electronic bill payment including web site, smart - phone, and IVR (telephone) options. Infosend remains committed to providing its customers with leading technology at a competitive price. Infosend also maintains outstanding customer service credentials in the industry. As a customer for nine years, the City can attest to the superior customer service provided year after year. The contract with Infosend Inc., consists of two components: the printing of statements and the delivery of statements (electronically or postal mail). The current printing and processing costs reflect an annual savings of approximately $29,000. Postage costs will be reduced over the term of the contract as customers move from receiving a paper bill and begin viewing their bill online or receiving their statement as an email. It is anticipated that the first year participation rate for electronic billing will be 10 percent which would result in a $22,000 annual savings in postage costs. However, a one -cent postage rate increase is equal to $6,240 in postage costs. Authorization is requested to approve this new contract for a total three-year term not to exceed $780,000. Environmental Status: N/A Strategic Plan Goal: Improve long-term financial sustainability Attachment(s): Service Agreement Between the City of Huntington Beach and Infosend, Inc. for Utility Bill Statement Print & Delivery Services with Online Pavment Servicing HB -183- Item 8. - 2 Item 8. - 3 HB -184- SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND Infosend, Inc FOR Utility Bill Statement Print & Delivery Services with Online Payment Servicing THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and Infosend, Inc., a California Corporation hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of utility bill statement printing and delivery services including electronic bill presentment and online payment services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Russ Rezai who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 12-3262/77341 1 of 9 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $780,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit `B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate April 16, 2015, unless terminated earlier in accordance with the provisions of this Agreement. All tasks specified in Exhibit "A" shall be completed no later than three (3) years working days from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of flans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or 12-3262/77341 2 of 9 injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq, of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability,. of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 12-3262n7341 3 of 9 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12-3262/77341 4 of 9 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the 12-3262/77341 5 of 9 situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail -return receipt requested: To City: City of Huntington Beach Attn: Jim Slobojan 2000 Main Street Huntington Beach, CA 92648 19. Consent To Contractor: Infosend, Inc. Attn: Russ Rezai 4240 E. La Palma Ave. Anaheim, CA 92807 When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 12-3262n7341 6 of 9 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 12-3262177341 7 of 9 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Pees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governine Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and. warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 12-3262/77341 8 of 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONTRACTOR ZAl 3=1-2 5 E A-) ! 1, 1 tv G By: --, � � VIZ print name ITS: (circle one) Chairma residen ice President AND -� By: Il print name ITS: (circle one) Secretary/ ief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor Clerk 'I,, INITI TED AND APPROVED: Director of Finance APPROVED AS TO FORM: w ity Attorney D�Q 3114l l - '3 �4(.)2 12-3262/77341 9 of 9 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Infosend will analyze and prepare daily bill statement documents to print and deliver, either by US Postal mail or by various electronic means, the bill statement document. Infosend will provide payment service options to the City for its customers, allowing payment to be remitted to city on a timely and secure basis. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Provide in house design services for the redesign of the utility bill. Provide proof copies of redesigned bill statement. Produce the printed bill statement, fold, insert and process for mailing all from the same facility location. No sub -contracting of this work is allowed. The exception will be the bill statement stock, envelopes (mailing and return) and inserts all of which will be the responsibility of the vendor to maintain adequate inventory levels. Accept daily bill files using a secure online upload or a standard FTP or SFTP transmission. The City must be able to log into the Vendor's server and transmit the files daily. An e-mail file transmission is not acceptable. Accept the City's bill files in their current format, using the current transmission method at a minimum. The City must be able to connect to the vendor's server. The City will view and approve sample bills online before they are printed and mailed. Bills must be mailed within one business day of receipt. Same day printing and mailing is preferred. The vendor will suppress the printing of bills and/or envelopes for certain customers, based on City requirements. Suppression could be on a one-time or continual basis. Produce the City's bill in the current format or propose a new bill format. Surfnet Exhibit A The bill stub is designed to meet the specification of other city billing statements, so the vendor will produce the same format. Infosend must program the scan line on the stub to include specific account information and a check digit that is calculated via a specific algorithm. The vendor will print: Intelligent bill messages based on customer type Logos and usage history graphs Multiple page bills as needed Bills must be mailed via presorted first class mail. The City will have the ability to track all files that have been sent to the vendor - before, during, and after processing. Status reports must be provided daily after processing is complete. Provide an interface that will allow the city to update requirements for bill messages and multiple bill inserts on a monthly basis. The interface must allow the City to include/exclude inserts and messages based on City requirements. Inserts may be black ink or color, 1/3 page or 8 ''/z" x I I" with a tri-fold. Provide quotes accordingly. InfoSend's production systems check new file sizes against previously processed files to look .for possible re -submissions of an old file. All of infoSend's file transfer systems are set to reject partially uploaded files. Before a file is processed the record count is taken and included on the File Transfer Confirmation Report. After a file has been printed it is taken directly to Quality Control (QC) department. The CSR performing QC will check for print quality and compare the printed data on several random bills (according to file size) to the actual raw if there is an error in the file, the CSR will pull the individual statement by control number (or entire file) and resolve the issue. Each statement is assigned a control number for fast re -printing and QC accounting. If there are any types of errors within the file that would cause a mailing delay, InfoSend will contact the Client's representative immediately for approval. Pull Bills are supported and provided as standard service. Should the City require a bill pulled, it can contact InfoSend support by creating a Support Ticket item or by emailing support@lnfosend.com. Surfnct Exhibit A Bills that need to be pulled are either pulled from data before processing, or pulled from the print file before mailing — depending on the City's preference. Provide confirmation reporting and electronic notification of status of all jobs Delinquent Notices: Receive electronic data of delinquent only accounts. Post PDF proof versions online for City review and approval. Electronic Bill Presentment A daily secure interface with the City's Utility Billing program would be required. Infosend shall be able to read and write files that are compatible with the City's current system. InfoSend does not require the City to undergo costly data manipulations or form design changes in order to implement eBusiness Services. Infosend will provide the customer with a minimum of 12 months of billing history, payment history and consumption history. The preference is 18 months. InfoSend's standard retention for historical statements, billing and payment history is 18 months. Ability for the customer to print their bill statement. Ability for customer to view their consumption history in a graph format. Ability for the customer to opt -out of receiving paper billing statements. Customers are given the ability to manage account settings, including paperless preference. In addition, InfoSend can force paperless for all eBilling customers if the City chooses to do so. The billing statement shall post to the website on the same day the bills are mailed. Ability for customer to request various options such as password or paperless bill processing. InfoSend provides Online Bi1IPay users the options to toggle settings for themselves, reducing the call load into the City for support requests. Under the User Settings tab of the site, customers can change their email address, change their password, set account preferences (email and paperless preferences), and set up AutoPay. Customers have access to these options 365 days a year and will not require City CSR interaction to verify settings. Infosend will provide advanced notice to the City of any scheduled software updates, security updates and/or maintenance that will take the system offline. InfoSend will contact the City immediately if the system is taken offline for any reason. Provide an e-mail notification to the customer each time a bill is available for viewing and payment. A link to the login screen shall be provided in the e-mail. InfoSend provides Online BillPay users with two different email delivery options: Sudnct Exhibit A Users can choose to receive an email billing statement containing a billing summary with the total amount due as well as a PDF copy of the billing statement attached. Users can choose to receive an email containing a billing summary with no PDF statement attached. All email correspondences contain a link to the login screen of the Online BillPay site. Electronic Payment Credit, Debit, and ACH payments are each supported in InfoSend's eBusiness Services offerings. During the implementation project, the City will determine which payment types its customers may use. All popular credit cards can be offered, and additionally the City can benefit from the special interchange fees that Visa and MasterCard offer for qualified Utility Discount transactions. The Customers' full credit card, debit card and ACH account numbers that the customer enters on the Contractors web site will never be stored by the City. All information is hosted by InfoSend in a PCI DSS Level 1 certified data center. In addition to this, payment tokenization is available that allows InfoSend to avoid storing the full credit card, debit card, and ACH account numbers." InfoSend automatically provides the City with a report of returned payments and sends an email notification of the failure to your customer. Payment accounts shall be securely stored for easy login and repeated use by the customer. The customer shall have the ability to self -enroll in a direct debit (AutoPay) service. Archive and Mail InfoSend is currently providing the City with 6 months of statement archives for all statement types. This retention period can be increased if desired. All "valid" (bills not in error) bill images must be archived as PDF files on the same day the bill files are received by the vendor. This includes bills that are not printed based on requirements from the City. Archive files must be easily accessible to City staff via an online interface Bill images must be stored for 24 months. Mailing Bills shall be mailed via presorted first class mail to maximize postal discounts. Surfnet Exhibit A The City should be able to verify proof of delivery to the USPS on an as -needed basis. Customer addresses must be validated and updated as necessary by the vendor using CASS (USPScertified) software. The vendor must provide NCOALink or ACS service. Multiple bills to the same customer and mailing address shall be matched and inserted in one appropriate size envelope and metered first-class separately, and delivered to the USPS at the same time as all other bills are delivered. These bills require only a single return envelope and single inserts. Reporting Infosend will provide a File Confirmation Report — Confirm receipt of file transmission. InfoSend provides the City with a File Transfer Acknowledgement Report with each job. The File Transfer Acknowledgement Report provides information on the file name, byte size, page/record count, and file receipt date. InfoSend can email this report to the client's staff. The report is automatically uploaded to our Job Tracking system and can be viewed from our online report archive; logging in to www.infosend.com accesses both. Daily Production Confirmation .Reports via email — immediately after processing is complete: Volume of bills received for processing, printed and not printed C. CITY'S DUTIES AND RESPONSIBILITIES: City will provide Infosend with regular data files to enable the production of bill statement files. City will review and approve files for printing, mailing and delivery of utility bill statements to the customer. City will provide Infosend with information to enable specific data to be suppressed from daily print file. City will review and authorize payment of invoices. City will provide regular updates to the bill statement message and billing inserts. D. WORK PROGRAM/PROJECT SCHEDULE: :m Surfiict Exhibit A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. See Exhibit B.1 — Proposed fee schedule Total fees shall not exceed Seven Hundred and Eighty Thousand Dollars ($780,000) 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment F. Fee Tfth§al Complete the table below. Initial and Ongoing Optional Discount — The I Page Bill Service Fee & Additional Bill Pages Service Fee items will be discounted by $0.003 if the print and mail turnaround time is changed from same -day to next -day. The price listed in the pricing table is for same -day turnaround. Optional Simplex Discount — If simplex printing is used the 1 Page Bill Service Fee & Additional Bill Pages Service Fee items will be discounted by $0.0025. Optional Douse Holding — there is no additional cost to machine -insert multiple statements for the same account together in a #10 envelope ("house holding"). In the cases where there are too many pages to fit in the #10 envelope a flat envelope will be used and a hand inserting surcharge' of $0.30 will apply. EXHIBIT BA Page 1 of 4 Professional Services Fees One -Time Implementation Fee $Not One -Time Fee Includes all phases of the project prior to the production Applicable - initial programming, testing, and implementation. Already Live -phase: Professional Services Charges $ 175.00 Per Hour For requested programming changes after initial -implementation. Cost of Materials Statement Paper Stock Cost $ 0.017 Per Sheet 8.Sx11", 24 pound paper stock with amicro-perforation. Outgoing Envelope Cost $ 0.016 Per Envelope Double window #10 envelope with security tint. Return Envelope Cost $ 0.014 Per Envelope -Single window #9 envelope with security tint. Flat Envelope Cost $ 0.16 Per Envelope Applies only to multi -page bills that do not fit in the standard double window #10 envelope. Service Fees 1 Page Bill Service Fee $ 0.048 Per 1 Page Bill Includes file transmission, data processing, duplex black plus one color (blue, red, or green) bill printing, mail preparation (folding, inserting a 1-page bill and the return envelope into an outgoing envelope), and delivery to the USPS. Additional Bill Pages Service Fee $ 0.046 Per Additional Per -page cost to print and insert additional pages if the bill Page contains more than 1 page. Optional Marketing Insert Fee $ 0.007 Per Additional Charge for inserting client -provided marketing insert. Inse EXHIBIT B.1 Name of Vendor: InfoSend Inc. Date: )February 16, 2012 Fees and Costs for EBPP Services for the ON of Huntinoton Reach Service Item Price Frequency each monthly,annual EBPP Setup & Implementation Fee Waived One -Time Presentment (email notification for enrolled applicants only. Unlimited viewin s by customer) $0.04 Each Payment convenience fees excluded $0.04 Each Maintenance Fee $200.00 Monthly EXHIBIT B.1 Page 2 of AC® ® DATE M/DD/YYYY) /7/ CERTIFICATE E OF LIABILITY INSURANCE 3 � /7/2012 PRODUCER (562) 493-3521 FAX: (562) 430-5300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alandale Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11022 W:Lnners Circle, Ste. 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Alamitos CA 90720 INSURERS AFFORDING COVERAGE I NAIC # INSURED INSURER ASentinel ' Insurance Company 11000 INFO SEND , INC. INSURER B: Hartford Underwri ters Ins Co 30104 4240 E LA PALMA AVE INSURER C: Twin City Fire Ins Co 002235 INSURER D: ANAHEIM I CA 92807 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING - ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -SR TN LTR Tk DD'L INSRDI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDrfn Y O PLAT I DATEICY MM/DDEXPIR/YYYYION LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL L ABILITY D M GE TO REN D PREMISES Ea occurrence S 1,000 000 A X I CLAIMS MADE X7 OCCUR 72SEAZE7916 2/24/2012 2/24/2013 MED EXP (Any one person) S 10,000 PERSONAL S ADV INJURY. S 1,000,000 GENERAL AGGREGATE S 2,000,000 GaFL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG S 2,000,000 X POLICY PRO- JECT F LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 ANY AUTO (Ea accident) B ALL OWNED AUTOS 72UECPE3966 2/18/2012 2/18/2013 BODILY INJURY X SCHEDULED AUTOS (Per person) S X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS S (Per accident) Al D GVE� F �® PROPERTY DAMAGE $ IA (Per accident) GARAGE LIABILITY �T' 1 ) ` AUTO ONLY EA $ .p - ACCIDENT . ANY AUTO ��TT �; )F1V T1FER Nl q R.A.TH, Cj Mee OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY r EACH OCCURRENCE S 5,000,000 X OCCUR a CLAIMS MADE AGGREGATE S 5,000,000 A DEDUCTIBLE RX 72SBAZE7916 2/24/2012 2/24/2013 $ RETENTION S 10,000 g C WRKER X AOD EMPSOYOERSCMPEN ABILOITY Y / N OR, LIIM 'OER ANY PROPRIETOR/PARTNER/ED ECUTIVE E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) 72WFCLU6992 2 /1/2 012 2,/1/2 013 E.L. DISEASE - EA EMPLOYES S 1,000,000 If yes, describe under - - SPECIAL PROVISIONS below - E.L. DISEASE- POLICY LIMIT 5 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured as their interest may appear and coverage is primary/non contributory when required by contract per endorsements attached #SS0008 ri HA99160910. Waiver of subrogation applies to workers compensation per end#WC990301h. *10 days notice of cancellation for nonpayment of premium I t nv City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 GANGtLLA I KJN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Stacy Marshall/STACYM =�— ACORD 26 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. INS026 poo9ol) The ACORD name and logo are registered marks of ACORD Select Customer Insurance Center 3600 WISEMAN BLVD. SAN ANTONIO TX 78251 Policyholder, please call us.at: (866) 467-8730 Agent, please call us at: (`8 00) 4 4 7 - 7 64 9 INSURANCE ENDORSEMENT ATTACKED *** PLEASE REVIEW THE CHANGE *** Enclosed ,is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes: Policyholder, please call us at: (866) 467-8730 Agent, please call us at: (800) 447-7649 between 7 A.M. and 7 P.M. CENTRAL TIME. The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. ALANDALE INSURANCE AGENCY/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER The Hartford Insurance Group Hartford Fire Insurance Company and Rs Affiliates Hartford Plaza, Hartford, Connecticut 06115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 72 SBA ZB7 916 DX Named Insured and Mailing Address; INFO SEND, INC. CMCS, INC. 4240 E LA PALMA AVE ANAHEIM CA 92807 Policy Change Effective Date: 0 7 / 3 0 / 12 Policy Change Number: 006 Agent Name: ALANDALE INSURANCE AGENCY/PHS Code: 181902 Effective hour is the same as stated in the Declarations Page of the Policy. POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: IH12001185 ADDITIONAL INSURED - PERSON -ORGANIZATION PRO RATA FACTOR: 0.888 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 1211 04 05 T Page on Process Date: 07/30/12 Policy Effective Date: 02/24/.12 Policy Expiration Date: 02 / 24 / 13 POLICY NUMBER: 72 SBA Z37 916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — PERSON —ORGANIZATION THE CORONA DEPARTMENT OF WATER AND POWER 755 CORPORATION YARDWAY CORONA, CA 92660 THE CITY OF ORANGE 300 EAST CHAPMAN AVE. ORANGE, CA 92666 THE CITY OF EL SEGUNDO CITY CLERK ATTN,: BUSINESS SERVICES DIVISION 350 MAIN ST. ROOM #5 EL SUGUNDO CA 90245 THE CITY OF EL CAJON, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AND VOLUNTEERS ATTN: PURCHASING DIVISION 200 CIVIC CENTER WAY EL CAJON, CA 92020 THE CITY OF ANAHEIM 200 SOUTH ANAHEIM BLVD ANAHEIM CA 92305 CITY OF GILROY& ITS OFFICERS, OFFICIALS AND EMPLOYEES 7351 ROSANNA ST. GILROY, CA 95020 THE CITY OF ELK GROVE C/O EBIX EPO PO BOX 257, PEF#110-1969—C-09-157 PORTLAND, MI 4ee75-0257 THE CITY, OF ELK GROVE AND ITS OFFICIALS,, EMPLOYEES., AGENTS AND VOLUNTEERS. THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CA 92646 Form IH 12 00 1185 T SEQ. NO. 001 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process.Date: .07/30/12 Expiration Date: 02/24/,13 POLICYNUMBER:72 SBA ZB7916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION Form IH 12 UU 1185 T SEQ. NO. 001 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 07 f 30112 Expiration Date: 02124/ 13 ��® O CERTIFICATE OF LIABILITY INSURANCE DATE DDIYYYY) � (� 3/7/27/2012 PRODUCER (562) 493-3521 FAX: (562) 430-5300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alandale Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11022 Winners Circle, Ste. 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Alamitos CA 90720 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Sentinel Insurance Company 11000 INFO SEND, INC. INSURER B. Hartford Underwriters Ins Co 30104 4240 E LA PALMA AVE INSURER c:Twin City Fire Ins Co 002235 INSURER D: ANAHEIM I CA 92807 INSURERE: CnVFRAC;FR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD'LII INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYYYY POLICY EXPIRATION DATE MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY - ! DAMAGE TOR NT D PREMISES Ea occurrence $ 1,000,000 A % CLAIMS MADE X❑ OCCUR 72SEAZB7916 2/24/2012 2/24/2013 ! MED EXP (Any one person) $ 10,000 ! PERSONAL B ADV I NJ URY $ 1,000 000 GENERAL AGGREGATE $ 2,000,000 GP I'L AGGREGATE LIMIT APPLIES PER: .� PRODUCTS- COMP/OPAGG $ 2,000,000 O- PRO- �!, X l POLICY J LOC l AUTOMOBILE LIABILITY' COMBINED SINGLE LIMIT ! $ 1,000,000 ANY AUTO i (Ea accident) B ALL OWNED AUTOS 72UECPF3966 2/18/2012 2/18/2013 BODILY INJURY I $ X SCHEDULED AUTOS ! (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) APP?,VVEDA S TO FORM, PROPERTY DAMAGE I $ (Per accident) GARAGE LIABILITY ANY AUTO y� ''CC'.�� 1: IFER MC pp� ri(- TH, City AUTO ONLY - EA ACCIDENT $ riSeY, OTHER THAN EA ACC ! $ . J ;AUTO ONLY: AGG $ EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 OCCUR CLAIMS MADE ! AGGREGATE - $ 5,000,000 i$ A DEDUCTIBLE RX, 72SEAZB7916 2/24/2012 2/24/2013 $ RETENTION $ 10,000 $ C WORKERS COMPENSATION WC STATU- OTH-!, X AND EMPLOYERS' LIABILITY Y J N TORY LIMITS ER ANY PROPRIETOR/PARTNEP/EXECUTIVE E.L. EACH ACCIDENT -' $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) 72WECLU6992 2/1/2012 2/1/2013 E.L. DISEASE - EA EMPLOYEE $ 1,000,.000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT ! SPECIAL PROVISIONS City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured as their interest may appear and coverage is primary/non contributory when required by contract per endorsements attached #SS0008 & HA99160910. Waiver of subrogation applies to workers compensation per end#WC990301b. *10 days notice of cancellation for nonpayment of premium CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Stacy Marshall/STACYM i ACORD 25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (2co9oi) The ACORD name and logo are registered marks of ACORD Select Customer Insurance Center 3600 WISEMAN BLVD. SAN ANTONIO TX 78251 Policyholder, please call us at: (8 66) 4 67-8 730 Agent, please call us at: (800) 44.7-7649 INSURANCE ENDORSEMENT ATTACKED *** PLEASE REVIEW THE CHANGE *** Enclosed is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes: Policyholder, please call us at: (866) 467-8730 Agent, please call us at: (800) 4 4 7 - 7 6 4 9 between 7 A.M. and 7 P.M. CENTRAL TIME. The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. AI"DALE INSURANCE AGENCY/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER The Hartford Insurance Group Hartford Fire Insurance Company and its Affiliates Hartford Plaza, Hartford, Connecticut 06115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below. - Policy Number: 72 SBA ZB7916 DX Named Insured and Mailing Address; INFO SEND, INC. CMCS, INC. 4240 E LA PALMA AVE ANAHEIM CA 92807 Policy Change Effective Date: 07/30/12 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 006 Agent Name: ALANDALE INSURANCE AGENCY/PHS Code: 181902 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: IH12001185 ADDITIONAL INSURED - PERSON -ORGANIZATION PRO RATA FACTOR: 0.888 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 1104 05 T Page ool Process Date: 0 7 / 3 0 / 12 Policy Effective Date: 0 2/ 2 4 / 12 Policy Expiration Date: 02/ 24 / 13 POLICY NUMBER: 72 SBA ZB7 916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION THE CORONA DEPARTMENT OF WATER AND POWER 755 CORPORATION YARDWAY CORONA, CA 92880 THE CITY OF ORANGE 300 EAST CHAPMAN AVE. ORANGE, CA 92866 THE CITY OF EL SEGUNDO CITY CLERK ATTN: BUSINESS SERVICES DIVISION 350 MAIN ST. ROOM #5 EL SUGUNDO CA 90245 THE CITY OF EL CAJON, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AND VOLUNTEERS ATTN: PURCHASING DIVISION 200 CIVIC CENTER WAY EL CAJON, CA 92020 THE CITY OF ANAHEIM 200 SOUTH ANAHEIM BLVD ANAHEIM CA 92305 CITY OF GILROY& ITS OFFICERS, OFFICIALS AND EMPLOYEES 7351 ROSANNA ST. GILROY, CA 95020 THE CITY OF ELK GROVE C/O EBIX BPO PO BOX 257, REF#110-1969-C-09-157 PORTLAND, MI 48875-0257 THE CITY OF ELK GROVE AND ITS OFFICIALS., EMPLOYEES, AGENTS AND VOLUNTEERS. THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Form IH 12 00 1185 T SEQ. NO. 001 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: 07/30/12 Expiration Date: 02/24/13 POLICY NUMBER:72 SBA ZB7916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION Form IH 12 00 1185 T SEQ. NO. 001 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 07/30/12 Expiration Date: 02/24/13 72SBAZB7919 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread, public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine, - operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include. - "prod u cts-completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging .or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure' or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 72SBAZB7919 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 72UECPE3966 COMMERCIAL AUTOMOBILE HA 99 16 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown in the affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A.1. - WHO IS AN INSURED - of which you own more than 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However,. the Named e. The lessor of a covered "auto" while the Insured does not include any subsidiary "auto" is leased to you under a written that is an "insured" .under any other agreement if: automobile policy or would be an "insured" under such a policy but for its (1) The agreement requires you to termination or the exhaustion of its Limit provide direct primary insurance for of Insurance. the lessor and (2) Any organization that is acquired or (2) The "auto" is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto" you hire. newly formed or acquired organization: D. Additional Insured if Required by Contract (a) That is a partnership, joint venture (1) Paragraph A.1. - WHO IS AN INSURED or limited liability company - of Section I! - Liability Coverage is (b) That is an "insured" under any other amended to add: policy, f. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy, or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured", but only the acquisition or formation. to the extent such person or Coverage does not apply to "bodily organization is liable for "bodily Injury" or "property damage" that results injury" or "property damage" caused from an "accident" that occurred before by the conduct of an "insured" under you formed or acquired the organization. paragraphs a. or b. of Who Is An B. Employees as Insureds Insured with. regard to . the ownership, maintenance or use of a Paragraph A.1. - WHO IS AN INSURED - of covered "auto." SECTION II - LIABILITY COVERAGE is amended to add: © 2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 72WECLU6992 EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.13. of the Information Page is replaced by the following: B. Employers' Liability Insurance: 1. Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 in California. 2. Unintentional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception date of your policy, we shall. not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. B. This provision 3. does not apply in the states of Pennsylvania and Utah. Form WC 99 03 01 B Printed in U.S.A. (Ed. 8/00) 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease.. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.I. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you if you and your officers or employees were subject to any workers' compensation law of the state.of hire of the individual -employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Item 3.A. of the Information Page. C. Exclusions This insurance does not cover: 1. any occurrences in the. United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar law. 3. bodily injury intentionally caused or aggravated by you. . 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance 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, (2009101) INS025 (,mo9oi) k4�CITY OF HUNTINGTON BEAC of _ _ rofessional Service Approval For PART 11 Date: 5/9/2012 Project Manager: Jim Slobojan Requested by Name if different from Project Manager: Jim Slobojan Department: Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & Il MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Infosend, Inc. 2) Contract Number: FIN 2012-03-0 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 780,000 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ❑ No 6) Is this contract over $100,000? ❑ Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. udget Approval mature irector of Finance (or designee) Signature 61M bz `Z Da e Qlate =` CITY OF HUNTINGTON BEACH INTER -DEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT TO: JOAN FLYNN, CITY CLERK FROM: LORI ANN FARRELL, DIRECTOR OF FINANCE DATE: AUGUST AUGUST 1, 2012 SUBJECT: SUPPLEMENTAL COMMUNICATION FOR THE CITY COUNCIL MEETING OF AUGUST 6, 2012 The Approved as to Form stamp on the Certificate of Liability Insurance was missing for Item No. 8- Approve and Authorize Execution of a Contract with Infosend Inc., to Provide Utility Bill Statement, Print, Mail, and Electronic Delivery Services. Attached is a copy of the Certificate of Liability Insurance, which is now stamped as Approved as to Form by the City Attorney's Office. Thank you. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk August 13, 2012 Infosend, Inc. Attn: Russ Rezai 4240 E. La Palma Ave. Anaheim, CA 92807 Dear Mr. Rezai: Enclosed for your records is a fully executed duplicate original of the "Service Agreement Between the City of Huntington Beach and Infosend, Inc. for Utility Bill Statement Print & Delivery Services with Online Payment Servicing." Sincerely, JF:pe Enclosure G:fo11owap:agrmt1tr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand