HomeMy WebLinkAboutInfoSend, Inc. - 2021-08-01 (2) SERVICE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
INFOSEND, INC.
FOR
BILL STATEMENT PRINTING AND DELIVERY SERVICES
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 Company, hereinafter referred to as
"Contractor."
Recitals
A. The City desires to retain a Contractor having special skill and knowledge in the
field of Bill Statement Printing, Processing and Delivery 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.
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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"B." The total sum to be expended
under this Agreement, shall not exceed One Million One Hundred Eighty Three
Thousand Dollars ($1,183,000) 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 VI 11 , or as soon as practicable after the execution of this Agreement by
City (the"Commencement Date") and terminate August 1, 2024, unless terminated
earlier in accordance with the provisions of this Agreement. The time shall be completed
no later than three (3) years 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 Plans,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, date 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.
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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 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 of 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,
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the aggregate limit must be no less than 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.
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 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.
This 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.
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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.
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 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 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.
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16. Assignment
Inasmuch as to 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 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: Contractor:
City of Huntington Beach InfoSend, Inc.
Attn: Dahle Bulosan Attn: Russ Rezai
2000 Main Street 4240 E. La Palma Avenue
Huntington Beach, CA 92648 Anaheim, CA 92807
19. Consent
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.
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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.
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;
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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.
29. Professional Licenses
Contractor shall, through 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.
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30. Attorney's Fees
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 non-prevailing party.
31. Cooperative Agreement
The parties agree that InfoSend may offer the prices, terms and conditions offered
herein to other government agencies that wish to participate in a cooperative purchase
program with Client. InfoSend will review these requests from other government agencies
on a case-by-case basis to decide whether this Agreement can be extended to the new
agency. At minimum, the following requirements must be met for the prices in this
Agreement to be extended to the new agency
• The new agency must require similar types of service for similar document
types (i.e., statements, late notices);
• The monthly document volume that InfoSend will produce must be similar,
or at a minimum, acceptable;
• The new agency must agree to use InfoSend's standard materials; and
• The prices in this Agreement must still be profitable.
If the above conditions are not met then InfoSend will provide the new agency with
revised pricing that is can elect to accept if it moves forward with the cooperative
purchase program. Other agencies will be responsible for entering into separate
Agreements with the contract and for all payments thereunder made directly to InfoSend.
InfoSend reserves the right not to extend this Agreement's terms in whole or in part to
other agencies for any reason.
32. Survival
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
33. Governing Law
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
34. 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.
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35. 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.
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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 Mayor. This Agreement shall expire when terminated as
provided herein.
CONTRACTOR CITY OF HUNTINGTON BEACH, a
INFOSEND,INC., a municipal corporation of the State of
California Corporation California
By: AllgrAL-11,
Mayor
RAIC
Prirftiname
ITS: (circle one)Chairman/ it6*sic'7-Cen.b
Vice President
City Clerk
AND
oysuft^
By: Ago-Mhke (A) INITIATED AND APPROVED:
Print nt e
ITS: (circle on argM. hief Financial
Officer/Asst. Secretary-Treasurer
Chief Financial Officer
COUNTERPART APPROVED AS TO FORM:
City Attorney AV
REVIEWED AND APPROVED:
City Manager
22-11100/279743 11
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 Mayor. This Agreement shall expire when terminated as
provided herein.
CONTRACTOR CITY OF HUNTINGTON BEACH, a
INFOSEND, INC., a municipal corporation of the State of
California Corporation California
By: f . .
Mayor
Print name
ITS: (circle one) Chairman/President/ s&inillitattU)
Vice President
City Clerk l01/�
AND
By: INITIATED AND APPROVED:
Print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary-Treasurer
Chief Financial Officer
COUNTERPART APPROVED AST ORM:
City Attorney Ay
•�.VIE ► 'ND APPROVED:
.14N ag
22-11100/279743 11
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
InfoSend will design, print, sort, insert and deliver (electronically)/mail documents including, but
not limited to, utility bills business license tax notices, and fire inspection billings for both
residential and commercial customers. InfoSend will provide payment service options to the
City for its customers, allowing payment to be remitted to the City in a timely and secure basis.
B. CONSULTANT'S DUTIES AND RESOINSIBILITIES:
All services will continue with the City's current utility billing system (Advanced CIS Infinity),
which includes water, sewer, refuse, FireMed, FOG (Fats, Oil and Grease), services and
delinquent notices. Service will also continue with the City's land management system (Accela),
which includes business license (tax certificates, renewal notices, and delinquent renewal
notices) and fire inspection billings. At a minimum, InfoSend must provide all required services
as proposed in response to the RFP in order to meet the City's expected service levels, including
ensuring current service levels are maintainted.
Statement Design
1. InfoSend will provide in house design services for the redesign of the utility bill.
2. InfoSend will provide proof copies of redesigned bill statement.
3. InfoSend will be able to print single-sided bill with a pre-printed back or duplex designed
bill.
4. InfoSend must be able to assist with as needed bill statement design services for water,
sewer, refuse, FireMed, FOG, business license (tax certificates and renewal notices), and Fire
inspection billing statements. And delinquent notices design work as requested.
Daily Processing
1. InfoSend will produce the printed bill statements, fold, insert return envelopes and/or notices,
and process for mailing from the same facility location. Sub-contracting of this work is not
allowed. Exceptions will require City approval.
2. InfoSend will accept daily bill files using a secure online upload of a standard FTP or SFTP
transmission. The City must be able to connect to the Vendor's server and transmit the files
daily. An e-mail file transmission is not acceptable. InfoSend should be able to accept the
City's bill files in their current format, using the current transmission method at a minimum.
3. InfoSend will be able to connect to the vendor's secure server.
4. InfoSend will give the City the ability to view and approve sample bills online before they
are printed and mailed.
5. InfoSend will mail bills within one business day of receipt. Same day printing and mailing is
preferred.
6. InfoSend will mail bills at the First Class carrier route presort rate.
7. InfoSend will certify that the mailing conforms to all United States Postal Service
regulations, such as CASS certification, Move Update standards or any other regulations that
may apply.
8. InfoSend will provide the City the ability to verify proof of delivery to the USPS on an as-
needed basis.
9. InfoSend will mail multiple bills to the same customer and mailing address together. Bills
shall be matched and inserted into one appropriate sized envelope and metered first-class
separately, and delivered to USPS at the same time as all other bills are delivered. These
bills require only a single return envelope and single inserts.
10. InfoSend must have the capability to suppress the printing of bills and/or envelopes for
certain customer, based on City requirements. Suppression shall be available on a one-time
or continual basis.
11. InfoSend must be able to produce the City's bills in the current format or propose a new bill
format.
12. InfoSend will design and produce the bill stub in the same format to meet the specifications
of other city billing statements; e.g. ensuring the scan line on the stub includes account
information and a check digit that is calculated via a specific algorithm.
13. InfoSend will have the capability to print:
a. Intelligent bill message based on customer type
b. Logos and usage history graphs
c. Multiple page bills as needed
14. Bills must be mailed via presorted first class mail. More details about mailing requirements
are provided below.
15. InfoSend will enable the City to track all files that have been sent to the vendor—before,
during, and after processing.
16. InfoSend will provide status reports daily after processing is complete.
17. Bill Inserts and Messages
a. InfoSend will provide an interface that will allow the City to update requirements for bill
messages and bill inserts on a monthly basis.
b. The interface must allow the City to include/exclude inserts and messages based on City
requirements.
c. InfoSend will provide specific information about this interface, including screen shots
and details about the process for new requests and updated to existing requests.
18. InfoSend will be able to provide inserts in black ink or color, 1/3 page or 8 `/2" x 11"with a
tri- fold.
19. InfoSend will implement quality control procedures, the ability to pull a bill from production,
and procedures for ensuring that the bill file transmission are completed successfully.
20. Utility and Business License Delinquent Notices:
InfoSend will be able to:
a. Receive electronic data of delinquent only accounts as PDF file format.
b. Post PDF proof versions online for City review and approval.
21. Business License Renewal and Tax Certificates:
InfoSend will be able to:
a. Receive electronic data of delinquent only accounts as PDF file format.
b. Post PDF proof versions online for City review and approval.
22. Fire Inspection Billing:
a. Receive electronic data of delinquent only accounts as PDF file format.
b. Post PDF proof versions online for City review and approval.
Archive Mail
1. InfoSend must be able to provide "Bill Image Archives":
a. All "vaild" (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.
b. Archive files must be easily accessible to City staff via an online interface.
c. Billing archiving system must have a secure, encrypted API to allow third party
integration to access billing images, if necessary. (Invoice Cloud must be able to call
vendor to allow customer viewing of invoices).
d. Bill images must be stored for 24 months.
Reporting
1. InfoSend will provide:
a. File Confrimation Report—Confirmation of file transmission. The File Transfer
Acknowledgment Report provides information on the file name, byte size, page/recorded
count, and file receipt due.
2. Daily Production Confirmation Reports via email—immediately after processing is
complete:
a. Volume of bills
1. Received for processing
2. Printed
3. Not Printed
b. Change of Address:
1. Customer Name
2. Utility Account Number
3. Previous Address
4. New Address
Security
1. InfoSend must meet all current security protocols to protect the City's data from
unauthorized access.
2. InfoSend must allow site visits by City personnel.
Paper Supplies
1. InfoSend must be able to reproduce the preprinted and perforated paper stock that can match
or exceed the quality of the current stock and provide the same number of preprinted colors.
a. Pricing should include standard 8.5" x 11" as well as 8.5" x 14" paper options.
b. The following envelopes must be provided by the vendor:
i A double window#10 mailing envelope
ii A single window#9 security return envelope
2. InfoSend will receive shipments and store/warehouse all forms and envelopes used to process
the City's bills.
Inserting and Design Services
1. InfoSend will accept inserts printed by other vendors and provide insert printing services as
well.
2. InfoSend will assist with insert layout and design if necessary.
3. InfoSend will assist with envelope snipe design if necessary.
4. InfoSend will provide selective inserting services.
5. InfoSend will provide the option to be able to display inserts in a digital format with archived
bills.
6. InfoSend will receive shipments of inserts and store/warehouse all forms used in City's bills.
Customer Support and Disaster Recovery
1. Customer Support
a. The vendor must provide unlimited customer support during the hours of
8:00AM -5:00PM, Pacific Time.
b. Provide procedures for after-hour support.
c. Provide a list of company holidays and/or email notification.
d. Provide contact points for customer service.
2. Disaster Recovery
a. The vendor must have a disaster recovery facility to process the City's bills if the
main facility becomes inoperable.
b. Provided locations and information about these facilities.
c. Provided a summary of the disaster recovery plan.
d. Indicate the resources the City will be required to provide if a disaster occurs.
Additional Services
InfoSend must be able to provide optional additional services per the City's request as needed during
the term of this contract. Should the City request such services, it must be in addition to, and readily
distinguishable from costs for document printing and mailing services and in accordance with the
fees outlined in Exhibit B.
C. CITY'S DUTIES AND RESPONSIBILITIES:
City will provide InfoSend with PDF files/data files to enable to production of utility billing
statements and business tax notices, etc. City will review and approve files for printing,
delivery/mailing of statements and notices 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 payments of invoices. City will provide regular updates to the bill statement message
and billing inserts.
D. WORK PROGRAM/PROJECT SCHEDULE:
TBD
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
"SEE ATTACHED EXHIBIT B"
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide,at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation
prepared by CONSULTANT may be required to 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.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
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.
5. 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.
EXHIBIT B
F. Fee Proposal
Complete the table below
Initial and Ongoing Professional Service Fees
One-Time Implementation Fee
Includes all phases of the project prior to the $0.00 One-Time Fee
production phase: initial programing,testing, and
implementation.
Professional Services Charges
For requested programming changes after initial $175.00 Per Hour
implementation.
Professional Services Charges
For requested Bill Statement design changes or $175.00 Per Hour
statement upload changes (PDF raw data file).
Cost of Materials
Statement Paper Stock Cost
8.5" x 11", 24 pound paper stock with micro- $0.016 Per Sheet
perforation.
Statement Paper Stock Cost
8.5" x 14", 24 pound paper stock with micro- $0.019 Per Sheet
perforation.
Outgoing Envelope Cost
Double window#10 envelope with security tint. $0.017 Per Envelope
Outgoing Envelope Cost
Single window#10 envelope with security tint. $0.0175 per 100MAdditional Sniping
Huntington Beach logo and other snipe request. order quantity Fee
Return Envelope Cost
Single window #9 envelope with security tint. $0.016 Per Envelope
Depending on payment type the City utilizes return Current pricing
envelopes with green,blue and red bar.
Flat Envelope Cost
Applies only to multi-page bills that do not fit in $0.17 Per Envelope
the standard double window#10 envelope.
Standard 9x12 envelope. $0.30 Handwork Fee per
Flat
Service Fees
1 Page Bill Service Fee Simplex
$0.125—Municipal
Includes file transmission, data processing, duplex Services Bill,4/1 print
black plus one color (blue, red or green) bill $0.222—all other Per 1 Page Bill*
printing mail preparation (folding, inserting a 1- document types, 4/1
page bill and the return envelope into an outgoing print
envelope), and delivery to the USPS. Duplex
$0.125—Municipal
*Delinquent statements will be billed first page at Services Bill,4/1 print
$0.22, subsequent pages at$0.171. $0.22—all other
document types, 4/1
print
InfoSend,Inc. I www.infosend.com REP Response for the City of Huntington Beach,CA
Additional Bill Pages Service Fee Simplex
Per-page cost to print and insert additional pages if Per Additional
the bill contains more than 1 page. $0.076—Municipal page
Services Bill,4/1 print
$0.171—all other
document types,4/1
print
Duplex
$0.076—Municipal
Services Bill,4/1 print
$0.171—all other
document types,4/1
print
Optional Marketing Insert Fee
Charge for inserting client-provided marketing
insert. For example: Monthly newsletter. $0.007 Per Additional
Provide cost for all insert related services (i.e. Insert
cutting, folding, insertion)
Optional Move Update $0.25 Per Reported
NCOALink or ACS service Change
Optional Archive Fee $0.004-6 months Per PDF
Images must be stored in PDF format for 36 retention Archive
months. List other archive options and fees. $0.008—12 months
retention
$0.016—24 months
retention
$0.024—36 months
retention
$0.005—per a-Insert
Archive
Service Fee print pricing quoted above includes a standardized 4/1 print setup across all document types. 4/1
means full color printing on the front of the page, grayscale on the back. This price structure gives the City the
opportunity to incorporate a full-color logo on its Municipal Services Statement, or upgrade the bill template to a
modern full color style, at current rates.
Option to upgrade to full color duplex(4/4)printing: add $0.0035 per page
infoSend,Inc. I www.infosend.com RFP Response for the City of Huntington Beach,CA
Insert Services
InfoSend Produced Inserts Quoted upon request and per
volume and specification.
Inserting Fee $0.007 per insert
Optional Document Services
Returned Mail Handling $0.35 per reported returned
mail piece
Remit Tracking $100 monthly support fee
Outbound Notifications(Optional)
Setup Fee $750.00
Monthly Minimum (for 3,000 IVR Minutes and/or $99.00
SMS Messages)
Per IVR Minute after Minimum $0.10
Per SMS after Minimum $0.10
As discussed on a conference call held on September 30th,2022;the above revised fee schedule will be effective as of
August 1st,2021. InfoSend will bill the City for the difference for services incurred from August 1st, 2021 to the
current date
InfoSend,Inc. I www.infosend.com RFP Response for the City of Huntington Beach,CA
V,
Client#:581763 INFOSENDI V,
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE
g10(MMtDDn'YYY)
(MW022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT:if the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)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 any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Roclo Gutierrez
Marsh&McLennan Agency LLC PHHON o,Ext):949 900-1780 (AX
A ,No):
Marsh&McLennan Ins.Agency LLC n DARess: rocio.gutierrez@marshmma.com
1 Polaris Way#300 INSURER(S)AFFORDING COVERAGE NAIC it
Aliso Viejo,CA 92656 INSURER A:Federal Insurance Company 20281
INSURED INSURER B:CompWest insurance Company 12177
InfoSend,Inc. INSURER c:Underwriters at Lloyd's London 555555
4240 E La Palma Avenue
INSURER D:
Anaheim,CA 92807
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICYy EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSR.WYD POLICY NUMBER `jMMIDD.,,.., (MMiDDIYYYY)
A X COMMERCIALGENERALUABIUTY 36031149 02/01/2022 02/01/202 EACH OCCURRENCE $1,000,000
CLAIMS-MADE X OCCUR PREMISES(Ee awr ence) $1,000,000
MED EXP(Any one person) $10,000
PERSONAL&ACV INJURY $1,000,000
GENt AGGREGATE UMIT APPLIES PER: AP ROVED AS TO FORM GENERAL AGGREGATE $2,000,000
X,POLICY I i JJEECT LOC PRODUCTS-COMP/OP AGO $2,000,000
-
ay
OTHER: • $
A AUTOMOBILE LIABILITY 73587120'-M A6L r 1(2022 02/01/2023'(EaatclddeDDSINGLELIMIT $1,000,000
X ANY AUTO CITY ACTOR BODILY INJURY(Per person) $
OWNED SCHEDULED CITY UE:HUIJ'CINb7QN BEACHHBODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X A�TOS ONLY X AUTOS ONLY DAMAGE
PROPERTY
accident)) $
$
A x UMBRELLA LIAB X OCCUR 79896856 02/0112022 02/01/202 EACH OCCURRENCE $5,000,000
EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000
OED I RETENTION$ $
B WORKERS COMPENSATION WCV5504862* 02/01/2022 02/01/2023 X I ATUTE ERH-
AND EMPLOYERS'LIABILITYTNN
OFFICER�IAIREMBE XRTNER!7 CUTIVE YY NIA WCV6217250** 02/01/2022 02/01/2023 EL EACH ACCIDENT $1,000,000
(Mandatory In NH) *CA/OR/AZ/GA. E.L.DISEASE-EA EMPLOYEE $1,000,000
DESCRIPTION OF OPERATIONS below _ **FL/TX/IL _ E.LDISEASE-POUCYLIMIT $1,000,000
C *Prof Liab/Cyber TRICE01743 02/01/2022 02/01/202 $5,000,000 Agg./Claim
C *Retro 12/01/06 $100,000 Retention
A Crime 68054862 02/01/2022 02/01/202 $300,000 1$5,000 Rat.
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,AdditInal Remarks Schedule,may be attached 11 more space Is required)
The City of Huntington Beach,its officers,elected and appointed officials,employees,agents and
volunteers are hereby named as an additional insured with regards to General Liability.Waiver of
Subrogation applies to Workers Compensation per attached endorsement.
CERTIFICATE HOLDER CANCELLATION
The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Huntington Beach,CA 92648-0000
AUTHORIZED REPRESENTATIVE
01988-2015 ACORD CORPORATION,All rights reserved.
ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S9285565/M9285467 WORQG
CH U B B' Liability insurance
Endorsement
Policy Period 02/01/2022 TO 02101/2023
Policy Number 38031149
Insured InfoSend,Inc.
Name of Company FEDERAL INSURANCE COMPANY
Ms;:.:?5`AAYohis5Szog.::?. A?X!,wera,,Ica:rrr.•:�Y:vSzlr.^.>Y.h..i2:atizz.q..wPYm+1wX`•:,.\`S:3 YtlS:a:?:'.'9.'!.mslmKYaigeH:?Y/.eemeKmmta1W`as!fi'moorig'Y.!L'e-aAo=4.4::Y::`.`:Sn;:d i.83N?osweR
This Endorsement applies to the following forms:
GENERAL LIABILITY
to Mitt{: S:!4,144#rAY?Y3.';tYd.#iPx+l.Want.10.S 7,.*OP.4.,M.W..MY7xc :{<E IMk'.`:!ONSI fi&'Y .:L.%!L".•t, Y3::r•9RS,YK.?7'dFSKs3AFif.\i\':?:3PAKY':).5.X-itWA:i9J.'-S:Wkr.+:'.!?!.,:>X[`..+\\'+dJ.."FMM•N?;A:
Under Who Is An Insured,the following provision is added,
Who Is An Insured
Additional Insured- Persons or organizations shown In the Schedule arc Insureds;but they are insureds only if you are
Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance us is afforded by
Or Organization this policy.
However,the person or organization is an insured only:
• if and then only to the extent the person or organization is described in the Schedule;
• to the extent such contract or agreement requires the person or organization to be afforded
status as an Insured;
• for activities that did not occur,in whole or in part,before the execution of the contract or
agreement;and
• with respect to damages,loss,cost or expense for injury or damage to which this insurance
applies.
No person or organization is an insured under this provision:
• that is more specifically identified under any other provision of the Who Is An Insured
section(regardless of any limitation applicable thereto).
• with respect to any assumption of liability(of another person or organization)by them in a
contract or agreement.This limitation does nut apply to the liability for damages,loss,cost or
expense for Injury or damage,to which this insurance applies,that the person or organization
would have in the absence of such contract or agreement,
S.4.VS IL4 :"4•K Xs4f diCMMbMWS:.MWM4t0..1•A i.Y..4!cxNi:•, .10:iKx aKi\cvSAt Itiki#xsMWSM/AIS« MMYMN. ., ak.;�i;5$4.:32pe5:i'UMMONRWSZ3:`'W.M4
•
•
Liability Insurance Additional Insured-Scheduled Person Or Organization continued
Form 80.02-2367(Rev.5.07) Endorsement Page 1
•
INSURED: InfoSend,Inc.
POLICY#: WCV5504862t POLICY PERIOD: 02101/2022 TO: 02/01/2023
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C
(Ed.7-09)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
We have the right to tomcat our payments from anyone liable for an injury covered by this policy.We will
not enforce our tight against the person or organization named in the Schedule. LThis agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this
agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in tire Schedule.
TM additional premium for this endorsement shall be $
Schedule
Any person or organization that you perform work for that is liable for an injury,catered by this policy,that
• prior to the injury has written contract requiring a waiver of our tight to recover from them.
Person or Organization Jab Description
The City of Huntington Beach
ins officers,elected or appointed officials,
employees,agents and volunteers
2000 Main Street
Huntington Beach,CA 92648-0000
This endorsement changes the polic{to»hid ills attached anri Is effective on the dare issued unless otherwise stated.
(The Information below is required only Water this endorsement is Issued subsequent to preparation of the policy.,
WC990313C
(Ed.7-09)
CHUBB°
Liability Endorsement
(continued)
Under Conditions,the following provision is added to the condition titled Other Insurance.
Conditions
Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization
Primary,Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case
Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person
Person Or Organization or organization.
kt2:ikis'!COY/AYri:O'4sY.tub:"riS t. osztY/.:4Y- X;losi'.".rVWWfaYf.4i`:did"i.p'tx.r,a t?.RmaYAW.ffC.z ge..4A�.✓r.%Jmmwe,a kFs:';f'.w+a?!4".✓,;Swem'ilar ',`tned:L2S"/ldt0� ^m
Schedule
The City of Huntington Beach
Its officers, elected or appointed officials, employees,agents and volunteers
2000 Main Street
Huntington Beach,CA 92648-0000
All other terms and conditions remain unchanged.
Authorized Representative
Liability insurance Additional insured-Scheduled Person Or Organization last page
Form 80-S2-2367(Rev.5.07) Endorsement Page 2