10-0921_INFOSEND_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 21 ST day of
September 2010, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and InfoSend (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal for Printing, Folding, Inserting, Designing, and Mailing Services; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit "A" and "C" attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A' and "C" and those
provisions contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and services
required hereunder shall be for a term of three years. Up to three automatic subsequent
"Renewal Periods", each equal in duration to the initial Period, will occur and be put in place
unless either party gives 30 day advance written notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $200,000 total
contract amount, per fiscal year, as set forth in Exhibit "B," attached and incorporated herein
by reference.
3.2 Method of Payment.
Subject to Section 3. 1, Consultant shall submit monthly invoices based on total
services which have been satisfactorily completed for such monthly period. The City will pay
monthly progress payments based on approved invoices in accordance with this Section.
3.3 Records of Expenses.
0 0
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available at
reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for City to enter into this Agreement. Consultant
shall not contract with any other entity to perform the services required without written
approval of the City. This Agreement may not be assigned, voluntarily or by operation of law,
without the prior written approval of the City. If Consultant is permitted to subcontract any part
of this Agreement by City, Consultant shall be responsible to City for the acts and omissions
of its subcontractor as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationships between any subcontractor and City. At
persons engaged in the work will be considered employees of Consultant. City will deal
directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is required
prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work
provided for in the contract documents as requested by the City, the Parties hereto shall
execute an addendum to this Agreement setting forth with particularity all terms of the new
agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiaritywith Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated thework
to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all
conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to
be performed under this Agreement. Should Consultant discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City, itshaN
immediately inform the City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law: E-Verifv.
2
0 0
9.1. Compliance with Law.
Consultant shall complywith all applicable laws, ordinances, codes and regulations of
federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -
Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization wilhin
three days of hiring a new employee to perform work under this Agreement. Information
pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the
registration page at https://www.vis-dhs.com/employerregistration. Consultant shall certifyils
registration with E -Verify and provide its registration number within sixteen days of the
effective date of this Agreement. Failure to provide certification will result in withholding
payment until full compliance is demonstrated.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this Agreement. No person having such interest shall be
employed by or associated with Consultant.
Section 11. rReservedl
[Reserved]
Section 12. rReservedl
[Reserved]
Section 13. Indemni
To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities, expenses, or damages of any nature, including attorneys'
fees, for injury or death of any person, or damages of any nature, including interference with
use of property, arising out of, or in any way connected with the negligence, recklessness
and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees,
subcontractors, or independent contractors hired by Consultant in the performance of the
Agreement. The only exception to Consultant's responsibility to protect, defend, and hold
harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City,
or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
0 0
insurance policies are applicable. The policy limits do not act as a limitation upon the amount
of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of
the agreement, and provide proof thereof that is acceptable to the City, the insurance specified
below with insurers and under forms of insurance satisfactory in all respects to the City.
Consultant shall not allow any subcontractor to commence work on any subcontract until all
insurance required of the Consultant has also been obtained for the subcontractor. Insurance
required herein shall be provided by Insurers in good standing with the State of California and
having a minimum Best's Guide Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one million
dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated
with the work contemplated by this agreement. If a Commercial General Liability Insurance
form or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's
Compensation Employer's Liability Insurance in the statutory amount as required by statelaw.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of Consultant, including the insured's general supervision of
Consultant; products and completed operations of Consultant; premises owned, occupied or
used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded City, its
0
9 0
officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Intentionally Omitted
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, northe
coverages reduced, until after thirty (30) days' written notice is given to City, except that ten
(10) days' notice shall be given if there is a cancellation due to failure to pay a premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty (30)
days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any partyfor cause by providing ten
(10) days' notice to the other party of a material breach of contract. If the other party does not
cure the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or to
such other addresses as may be designated by written notice. These addresses shall be
used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Pooja Gupta
To Consultant: InfoSend, Inc
1041 S. Placentia Ave
Fullerton, CA 92831
0 0
Attn: Jerry Finnegan
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the
auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
0 0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
U� Qu
City Attorney
CITY OF SAN JUAN CAPISTRANO
By: /amt
Jo ait, City Manager
CONSULTANT
B
Rus Rezai, C ief Operating cer
7
0 0
EXHIBIT "A"
SCOPE OF WORK
InfoSend, Inc. having its main office at 1041 S. Placentia Avenue, Fullerton, California 92831,
agrees to provide the following services to The City of San Juan Capistrano "Client" having its
main office at: 32450 Paseo Adelanto San Juan Capistrano, CA 92675, for the term of this
Agreement.
InfoSend Service Overview
Client will select one or more of InfoSend's primary services (the "Service") from the list below
by checking the box next to the Service name:
O Printing and Mailing Service: During the term of this agreement, InfoSend, Inc. will provide
processing, printing and mailing services. The Service consists of processing data, printing
documents, mail preparation, applying postage (where applicable) and sending via the
United States Postal Service. Document types include but are not limited to bills, postcards
and letters.
❑ InfoSend will provide Electronic Bill Presentment and Payment services (the "Service").
The Service can include presenting bills online and/or accepting payment transaction
information to facilitate ACH and/or credit card payments.
Confidentiality of Information
All information and data relating to Client's business submitted by Client to InfoSend under this
agreement shall be treated as confidential by InfoSend and shall not, unless otherwise required
by law, be disclosed to any third party by InfoSend without Client's written consent.
Limitation of Liability and Indemnification
InfoSend will not be responsible for actions or omissions resulting from receiving data and/or
following instructions received from Client. No damages shall be assessed against InfoSend
when any delay or breach on InfoSend's part is caused by failure of Client to perform Clients'
responsibilities or any other reason beyond the control of InfoSend.
InfoSend is a service provider, as such; Client acknowledges that data processing involves the
risk of human and machine errors that InfoSend shall not be liable for any errors, omissions,
delays or losses. In no event shall InfoSend be liable for indirect, special or inconsequential
damages even if InfoSend has been advised of the possibility of such potential claim, loss or
damage. The foregoing limitation of liability and exclusion of certain damages shall apply
regardless of the success or effectiveness of other remedies. Notwithstanding anything to the
contrary contained herein, InfoSend shall not be responsible for delays in receipt of client
information or processing client information because of causes beyond its reasonable control,
including, without limitation failures or limitations on the availability of third party
telecommunications or other transmission facilities and Clients' failure to properly enter and/or
transmit information.
Invoicing and Payment
InfoSend will issue monthly invoices. Invoice terms are NET 30.
Custom Forms/Envelopes
If Client has selected the Printing and Mailing Service and at any time requests the use of
custom made forms/envelopes it understands that these materials will be purchased in bulk to
achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of
requested custom forms/envelopes if Client stops using InfoSend's Service for any reason.
Possible reasons include Client's termination the agreement, or InfoSend termination of the
agreement as a result of Client's uncured breach. Client agrees to purchase the remaining
supply of custom forms/envelopes upon Client's request to change the custom forms/envelopes
before the supply has been depleted.
USPS Postaae Rates
Postage rates are determined by the United States Postal Service. All postage rate changes
are determined directly by USPS and are independent of any cost of Service fees from
InfoSend. In no event shall any change in the postage rates affect the cost of service or
materials from InfoSend. The Client will be invoiced the amount of excess for overweight and
foreign mail.
Service Details
Initial Setup
• InfoSend to assist Client with the redesign of its bill format. InfoSend unit provide
mockups of the new bill layout. Client has elected to use the Highlight Color printing
option, which creates a 2 -color layout that is printed on white paper (to avoid having to
purchase custom stock).
• InfoSend to assist Client with the configuration of its Harris CIS Infinity system to export
data to InfoSend in the PDF format. InfoSend will assist the Client's IT department with
the configuration of the CIS Infinity bill template (which uses Crystal Reports) to match
the new bill design shown in the mockup file. This assistance will be provided via
teleconference and "GoToMeeting".
• InfoSend will waive the initial setup cost. Once completed the Client will be able to send
PDF files to InfoSend for printing while still retaining PDF files internally for its email bill
service to use. The PDF files will look the same and both contain the same layout and
coloring.
• Bill design can includes 12 month usage graph with historical data, OCR -A font scan line
for automated remittance processing, and printing of custom messages on all or
selected bills. The inclusion of these features depends on whether CIS Infinity can make
this data available to the Crystal Reports bill template tool that is housed on the Client's
system.
• Once initial setup is completed future assistance can be provided upon request An
hourly Professional Services Fee will apply. The cost of this fee is provided in Exhibit B.
Data Transfer and Processing
• Client to transmit data to InfoSend in the PDF format.
• A File Transfer Report will be emailed to the Client representatives who have opted -in to
this email. A copy of this report is also available to download from the InfoSend website.
0
• Client will have access to an online Job Tracking application that shows the progress of
each file as it is processed and becomes a batch of documents to be printed and mailed.
Client can see both the original input file name and the InfoSend-assigned "Job Code".
• InfoSend will process the mailing addresses and perform the following functions:
o Apply CASS-certified address validation
o Comply with USPS requirements to obtain pre-sort automation rates
o InfoSend will stay current with all USPS regulations required to mail presorted
first class mail
Document Printing and Mailing
• Batches are printed by InfoSend using a high-speed production process onto the agreed
upon forms.
• Printed documents are put through a quality control process and then released to the
mailing department to be inserted into outgoing envelope. The return envelope and any
applicable inserts are included as well.
• After a batch of mail is completed in InfoSend's system it will be marked as such in the
online Job Tracker and a Process Confirmation Report will be emailed to the Client
representatives who have opted -in to this email. A copy of this report is also available to
download from the InfoSend website.
P
EXHIBIT "B"
COST OF SERVICE
vol u
InfoSend's Fees Print and Mail Service: Estimated me 11,200 Bills Per Month (The individual
prl�es shown in the table below applyonlytO the tUrnkey BillPrint and Mail service, some items can go up in price
if sold separately)
Transaction Fee — 0.132 Custom pre printed two-sided colored utility bill form using full page
Custom Preprinted Utility 8.5 x 11 format that Z -folds to fit into custom #10 envelopes. The
Bills The same fee applies bottom portion of bill will be perforated for reply payment information.
to other document types Includes 12 month usage graph with historical data, OCR-Afont scan
that can be included in the line for automated remittance processing (including modifications as
same file. needed to meet lockbox specifications) and printing of custom
messages on all orselected bills. Includes custom #10 single window
pre -panted outgoing envelopes and pre-printed #9single window
return envelopes. Al printing will be done on RECYCLED paper.
Postage not included.
Option — highlight Color
$0.112
Per documentfee includes fie transfer, processing, materials, and
form with standard
handling. Includes black + blue, green, or red printing onto white #24
envelopes The same fee
form with perforation. Standard double window outgoing envelope and
applies to other document
standard single window return envelope included. Includes 12 month
types that can be included
usage graph with historical data, OCR-Afont scan line for autonated
in the same file. As well as
remittance processing (including modifications as needed to meet
document types outside the
lockbox specifications) and printing of custom messages on all or
utility department that have
selected bills. No minimum run fee. Postage rat included. Per page.
a minimum volume of 500
The bill stock uses standard paper, you can use recycled stock for an
documents permonth.
additional $0.004 persheet.
Postage
Variable
Lowest possible postage will be applied. Higherpostage rates apply
for mail pieces that: weigh more than 1 oz, are addressed to a foreign
address (you have the option of suppressing these), or contain an
undeliverable address.
Implementation CilOne
time fee waived. Costof the CIS upgrade is also waived it you
retain the same bill design. Future upgrades beyond that polntwould
be subjectto a programming fee, which we would quote based on the
project specs and get your approval on before work begins
rroyrarnminy ree y i ou.uu I rer nour. ror customizations maae to occurnam processing program
after go -live. Examples: you change export file format 12 months after
go -live.
P
Pricing: BillPrint and Mail Optional Services
0
Optional
Electronic Address
$0.45
Per reported change. InfoSend electronically reports the addresses it
Updates — NCOALink or
received in your data that need to be updated because the customer
ACS
filed a Change of Address Report with the USPS.
Drop -Shipped Inserts
$0.01
Clients can printand fold inserts and ship them to InfoSend to be
mailed with thestatements. If folding is required add another$0.01 to
the fee. InfoSend-printed inserts are quoted upon request. No
additional costto selectively insert the #9 return envelope, leaving it
out of direct deposit or auto pay customers.
Online Print Image
$0.0005
Per PDF permonth. Forexample the costto retain bills online for4
Archiving
(four) years is 4 x 12 x $0.0005 = $0.024 per PDF.
CD Archiving
$65.00
Per CD, plus shipping and handling.
New Bill Insert
No Design
No charge to design a one-sided Sbx11" grayscale insertto explain
Charge
your new bill format. Various options are available to print the insert
(grayscale, spot color, full color).
Programming
$150
Per hourand performed upon request. For customizations made to
document processing program after go -live. Examples: you change
export file format 12 months after go -live. Programming is only started
after receiving your approval to proceed with a formal quote.
Section 8. Aareement Prices Agreement prices can be adjusted once every twelve (12) months to
account for increases in the cost of materials, labor, and other overhead costs. InfoSend reserves
the right to increase pricing on a yearly basis not to exceed the Consumer Price Index (CPI) for the
State of California, plus 1%. This information can currently be found at
www.dof.ca.gov/HTML/FS DATA/LatestEconData/FS_Price.htm. The Client will be notified, in
writing, at least 30 days prior to such price increase.
In addition to this, if Client uses the Printing and Mailing Service, it accepts that InfoSend reserves
the right to pass on any extraordinarily high increases to the cost of forms or envelopes at any time.
The Client will be notified, in writing, at least 30 days prior to such price increase.
Section 9. USPS Postage Rates Postage rates are determined by the United States Postal Service.
All postage rate changes are determined directly by USPS and are independent of any cost of
Service fees from InfoSend. In no event shall any change in the postage rates affect the cost of
service or materials from InfoSend. The Client will be invoiced the amount of excess for overweight
and foreign mail.
Section 10. Advantage Aaainst Postage Usage- InfoSend purchases the postage needed to mail
Client documents on the day of mailing. The postage charges are later invoiced to Client based on
the payment terms listed in Section 5. InfoSend requires Client to submit an advance against
postage usage prior to the first mailing to facilitate the payment terms. This amount will remain in
deposit for the duration of the contract and be refunded in full should Client decide not to renew the
contract.
The advanced postage amount is calculated by multiplying the estimated number mail pieces per
month by the current maximum pre-sorted first class postage rate. The advanced postage amount is
subject to an annual review and may be adjusted to account for increases to Client mailing volume
or USPS postage rate. The advanced postage amount due for your account Is: 12,000 mail pieces
per month x $0.369 x 2 = $8,856.
Section 11. Programming Once the initial Service implementation is complete, the client can request
additional programming. Occasional programming requests that require less than one hour of work
are not assessed a programming fee. Programming fees will apply should the programming requests
become frequent or require more than one hour of programming per request. InfoSend will provide
an estimated programming timeframe and cost for these types of programming requests. Examples
include but are not limited to: modifications to existing program(s), the addition of a new program or
programs, and any software conversions resulting in a new client data format or change to the
existing client data format. Upon receipt of the client's written approval, InfoSend will proceed with
the work requested. The client will be invoiced at the current hourly programming fee. InfoSend's
current programming fee is $150.00 per hour.
ESTIMATES OF PRINTING COSTS FOR ADDITIONAL FORMS (PER PROVIDED SAMPLES)
PRICES ASSUME THAT CITY WILL PROVIDE PRINT -READY ARTWORK FOR EACH ITEM
Item
InfoSend Costs
1. Business License Application — 8.5 x 11 4 part NCR standard ccor
375.00
sequence, 1/0 black ink, no numbers, no spedal specs
1,500 sets
Business License Renewal
450.00
3,000
Business License, 8.5 x 11, canarystock, green ink, perforation at 3.66" and
$330.00
7.33" 1/0.
3,000
Environmental Newsletters
each at 2,000 — 5,000
13,500/2,000
$.17 each at 10,000 - 15,000
ry Letterhead 20,000 1 /0 brown ink, environment watermark stock o
recycled
Business License Bulk Mail Envelopes #10 regular, 110 Brown ink3,000
Business Cards Gold foilogo s mp on -co ormas ers thatbleedson three
$1,850.00 formasters,
sides, 250 pername, 50,000 masters, plus imprints with PMS color
$48.00 per imprint order
Walking Tour Guides 18" x24"4/4 map fold to 4 x9, 80# coated book 50,000
$14,560.00
0
0
Planning Department Brochures 6,000
$2,100.00
Hometown Happenings, 16 page, 2-color,sa e stitch ocument
120,000
aga a Im provement Brochure 1,000
12. City in ow Envelope 25,000
$985.00
City Envelopes 15,000
$785.00
Water bill 126,000
Covered by agreement
H2O Update Newsletter 10k
$1,250.00
H2O Env. -Multiples 6,000
$365.00
WaterEnv-outer 120,OGO
Coveredyagreement
Water -Env -Return 126,000
Coveredyagreement
Redevelopment Assn. 1/0 PMS on 24# Environment Recycled 100% stock
Natural white, Letterhead 2,000
$240.00
City Envelopes 15,000
$1,800
CRA Envelopes 2,000
$240.00
Bus Lic Return Env. 3,000
$225.00
New Business Packets 250
$65.00
Leadership roc ure 250
$65.00
1/2x e i tate hldr 20
$2.50 each with ie
8'/: x 14 Certificate hldr 20
$3.00 each with die
Flood Zone Info 3,000
$750.00
SJ Summer Niles Brochures 10,000
$975.00
Storm Drain Mailer 14,500
$1,450.00
Storm Water Flier 14500
$1,450.00
Planning Dept. Brochures
(various) 6,000
Tentative Tract Map Brochure
Tree Removal Permit Brochure 1,000
$250.00
0
EXHIBIT "C"
SUPPORT & MAINTENANCE SERVICE STANDARD GUIDELINES
Standard Support Services — Standard Guidelines
These guidelines provide information on Consultant's standard support coverage, the
services which are included as part of annual software support, a listing of call priorities,
an outline of escalation procedures and other important details.
The services listed below are services that are included as
print, and mail support:
• 800 Toll Free Telephone support: (800) 429-0303
• Scheduled assistance for project implementations &
may be charges depending on the Statement of Work)
• Technical troubleshooting & issue resolution
part of your data processing,
other special projects (there
• Free electronic access 24 x 7 with the following on-line benefits:
- Log, track & close support requests
- View & update support requests
- Access published documentation
- Access available downloads
- Download reports
- View Job Tracking statistics
- Download sample files in PDF format
HelpDesk Hours
Standard hours of support are from 8:00 a.m. PST to 5:00 p.m. PST, Monday to Friday,
excluding designated statutory holidays. Support hours may vary by specific product
line. Weekend assistance is available and must be scheduled in advance and in most
cases is billable.
Call Priorities
and warrant using the after hours answering service.
Call Process
All issues or questions reported to support can be tracked via an online support ticket.
Account Managers can provide support via telephone, email, or via the online support
ticket tool that is located by logging into www.infosend.com.
0
•
• Each call is handled with personal support. Client will receive support from its
dedicated Account Manager. If that person is not available call will be handled by
another cross trained Account Manager or Senior Account Manager.
• Each support request logged using the online support tool gets a unique ID and
can be viewed by either party. Both Client and Consultant can filter by open and
closed support requests.
Escalation Process
In the event Consultant has been unable to provide either a permanent or a mutually
acceptable temporary resolution within timeframes that the Client feels is reasonable
the issue can be escalated to the Client Services Director. An internal escalation
process filters high-priority issues to the COO. Client can contact the COO directly at
any time as well. Contact details for these people are listed below:
Client Services Director: Matt Schmidt, 714 525 8600, matt.s@infosend.com
COO: Russ Rezai, 714 299 6928, russ.r@infosend.com
Holiday Schedule
Below is a listing of statutory holidays. Please note that support services will be closed
on designated days as outlined below.
New Year's Day
Closed
Memorial Day
Closed
Independence Day
Closed
Labor Day
Closed
Veteran's Day
Closed
Thanksgiving
Closed
Day after Thanksgiving Day
Early Closure
Christmas Eve
Early Closure
Christmas Day
Closed
Connection Methods
All data is transferred between Client and Consultant via the internet. Client can use a
secure web upload tool, FTP with PGP/GPG encryption, or SFTP.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 493-1053 FAx
www.sanjuancapistrano.org
TRANSMITTAL
TO:
InfoSend, Inc
Attn: Jerry Finnegan
1041 S. Placentia Ave
Fullerton, CA 92831
DATE: October 4, 2010
dwwr �
��/,y •aVllq[I
• m unn � 1961
1776
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Personal Services Agreement — Printing, Folding, Inserting, Designing and Mailing
Services
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance. Keep in mind this documentation must remain current with our office
during the term of this agreement.
Please be aware, our office still needs to receive an E -verify certificate as outlined in your
contract under Section 9. If you have questions related to insurance and E -verify
requirements, please call me at (949) 443-6310.
If you have questions concerning the agreement, please contact Pooja Gupta, Technology
Services Manager at (949) 443-6302.
An original agreement is enclosed for your records.
Cc: Pooja Gupta, Technology Services Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
€, Prioled w IW%re yd paper
0
AGENDA REPORT
TO: Honorable Mayor and City Council Members
/�
FROM: Joe Tait, City Manager"14_
11
9/21/2010
SUBJECT: Consideration of an Agreement for Printing, Folding, Inserting, Designing,
and Mailing Services (InfoSend, Inc)
RECOMMENDATION:
By motion, approve the three (3) year Personal Services Agreement with InfoSend, Inc.
for Printing, Folding, Inserting, Designing, and Mailing Services with three (3) possible
extensions equal in duration to one year, in amounts not to exceed $200,000 annually;
and authorize the City Manager to execute the agreements.
Summary and Recommendation:
Early this year, a request for proposals was sent to vendors to provide utility bill printing,
folding, inserting, designing, and mailing services for the City. Currently City staff is
using the services of several vendors and performing this function in-house. Annually,
the City currently prints, folds, inserts, and mails approximately 134,400 utility bills.
An analysis of these services revealed the following: 1) equipment is in need of
upgrade; 2) increased complexity of the United States Postal Service (USPS)
requirements will increase labor and postage costs; and 3) because of our relatively
small batches per billing cycle the City is unable to capitalize on the USPS volume
discounts.
The purpose of the RFP was to find a single source that could provide fast, quality utility
bill printing, folding, inserting, designing, and mailing services at competitive prices and
also provide for the additional printing needs of multiple City departments. Of the
vendors solicited, three proposals were received and evaluated by an internal
committee of Financial Services and Technical Services staff using the following criteria:
a) Overall cost;
b) References;
c) Capabilities and related experience of firm;
d) Compliance with specifications;
e) Turnaround time;
f) Thoroughness and understanding of scope of work; and
g) Quality of proposal and demonstration
E
Agenda Report
Page 2
0
September 21, 2010
Business Name
Price( Based Strictly on Utility Bills) Comments
InfoSend, Inc
$ 67,737.00 Successful Bid
DivDat, Inc
$ 68,543.00
Information Outsource
$ 76,876.00
After an initial review of the proposals received, the committee requested additional
information and clarifications of their offers. Additional samples of various departmental
printed materials were provided to the vendors for detailed cost comparisons. Based on
the overall thoroughness of the proposals, and the bids received for the printing
samples provided to vendors, the committee selected InfoSend, Inc to be the
recommended printing vendor for the City. InfoSend has several years of experience in
the printing field, has worked with City staff on printing projects in the past, and have
made a commitment to continue to provide service to the City on the majority of all
future printing needs.
Backaround:
InfoSend specializes in the design, processing, and mailing of high-volume or high -
frequency items such as invoices or statements and has a number of public agency
clients, including cities, water districts, and special districts. They produce between six
and seven million bills per month versus the City's 11,200 per month. Printing, folding,
inserting, designing, and mailing services are core competencies for InfoSend and
these services can be done at a lower cost due to sheer volume.
Over the course of FY 2009-10, the City spent over $225,000 on postage, envelopes,
forms, utility bills, letterhead, business cards, public hearing notices, flyers, newsletters,
brochures, and special events notices.
The City would realize considerable costs savings by using a single vendor for all
printing, folding, inserting, designing, and mailing services from economies of scale.
Agenda Report
Page 3 September 21, 2010
Use of alternative vendors adds the task of managing and coordinating multiple vendors
with separate but inter -dependent systems.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
None
FINANCIAL CONSIDERATIONS:
Annual fiscal impact will vary and is dependent upon the number of utility bills, notices,
flyers, forms, brochures that are printed, designed, or mailed. Staff estimates the total
compensation per year to be approximately $70,000 for utility bill printing and mailing
and $130,000 per year for other printing, designing, or mailing services required by the
City.
InfoSend also is a Coding Accuracy Support System (CASS) certified software provider
and can use the software to save the City postage costs by presorting all mail
electronically for volume postage discounts. Based on comparable contracts held by
other utilities and cities, staff has determined that the pricing for InfoSend's services will
result in a net annual decrease for the City of approximately $15,000 over the City's
current disparate printing solutions, allowing for materials and supplies that were not
printed such as plain envelopes that the City will still need to purchase. By fully utilizing
InfoSend's services, staff also anticipates minor additional savings for office equipment
maintenance, supply, and repair costs due to less internal usage of equipment. In
addition to the cost advantages, staff has been satisfied with the services provided by
InfoSend in the past. Based on these findings, staff recommends the Council approve
an agreement with InfoSend, Inc.
NOTIFICATION:
InfoSend, Inc
RECOMMENDATION:
By motion, approve the three (3) year Personal Services Agreement with InfoSend, Inc.
for Printing, Folding, Inserting, Designing, and Mailing Services with three (3) possible
extensions equal in duration to one year, in amounts not to exceed $200,000 annually;
and authorize the City Manager to execute the agreements.
Agenda Report
Page 4
Respectfully submitted,
Joe
City Manager
•
September 21, 2010
Prepared by,
Pooja Gupta
Technology Services Manager
Attachment(s):
1. Personal Services Agreement with contract schedules
0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 21 ST day of
September 2010, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and InfoSend (hereinafter referred to as the "Consultant').
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal for Printing, Folding, Inserting, Designing, and Mailing Services; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit "A" and "C" attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A" and "C" and those
provisions contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and services
required hereunder shall be for a term of three years. Up to three automatic subsequent
"Renewal Periods", each equal in duration to the initial Period, will occur and be put in place
unless either party gives 30 day advance written notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $200,000 total
contract amount, per fiscal year, as set forth in Exhibit "B," attached and incorporated herein
by reference.
3.2 Method of Payment.
Subject to Section 3. 1, Consultant shall submit monthly invoices based on total
services which have been satisfactorily completed for such monthly period. The City will pay
monthly progress payments based on approved invoices in accordance with this Section.
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available at
reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for City to enter into this Agreement. Consultant
shall not contract with any other entity to perform the services required without written
approval of the City. This Agreement may not be assigned, voluntarily or by operation of law,
without the prior written approval of the City. If Consultant is permitted to subcontract any part
of this Agreement by City, Consultant shall be responsible to City for the acts and omissions
of its subcontractor as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationships between any subcontractor and City. Al
persons engaged in the work will be considered employees of Consultant. City will deal
directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is required
prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work
provided for in the contract documents as requested by the City, the Parties hereto shall
execute an addendum to this Agreement setting forth with particularity all terms of the new
agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated thework
to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all
conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to
be performed under this Agreement. Should Consultant discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City, itshal
immediately inform the City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law: E -Verify.
2
0 0
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations of
federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -
Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization within
three days of hiring a new employee to perform work under this Agreement. Information
pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the
registration page athttps://www.vis-dhs.com/employerreciistration. Consultant shallcertifyits
registration with E -Verify and provide its registration number within sixteen days of the
effective date of this Agreement. Failure to provide certification will result in withholding
payment until full compliance is demonstrated.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this Agreement. No person having such interest shall be
employed by or associated with Consultant.
Section 11. [Reservedl
[Reserved]
Section 12. [Reserved]
[Reserved]
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities, expenses, or damages of any nature, including attorneys'
fees, for injury or death of any person, or damages of any nature, including interference with
use of property, arising out of, or in any way connected with the negligence, recklessness
and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees,
subcontractors, or independent contractors hired by Consultant in the performance of the
Agreement. The only exception to Consultant's responsibility to protect, defend, and hold
harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City,
or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
3
insurance policies are applicable. The policy limits do not act as a limitation upon the amount
of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of
the agreement, and provide proof thereof that is acceptable to the City, the insurance specified
below with insurers and under forms of insurance satisfactory in all respects to the City.
Consultant shall not allow any subcontractor to commence work on any subcontract until all
insurance required of the Consultant has also been obtained for the subcontractor. Insurance
required herein shall be provided by Insurers in good standing with the State of California and
having a minimum Best's Guide Rating of X Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one million
dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated
with the work contemplated by this agreement. If a Commercial General Liability Insurance
form or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's
Compensation Employer's Liability Insurance in the statutory amount as required by statelaw.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submitthe
insurance certificates, including the deductible or self -retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of Consultant, including the insured's general supervision of
Consultant; products and completed operations of Consultant; premises owned, occupied or
used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded City, its
0
r �
i
officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Intentionally Omitted
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, northe
coverages reduced, until after thirty (30) days' written notice is given to City, except that ten
(10) days' notice shall be given if there is a cancellation due to failure to pay a premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty (30)
days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing ten
(10) days' notice to the other party of a material breach of contract. If the other party does not
cure the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or to
such other addresses as may be designated by written notice. These addresses shall be
used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Pooja Gupta
To Consultant: InfoSend, Inc
1041 S. Placentia Ave
Fullerton, CA 92831
5
0 0
Attn: Jerry Finnegan
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the
auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
Dr. Londres Uso, Mayor
CONSULTANT
By:
Ruzz Rezai, Chief Operating Officer
7
0 0
EXHIBIT "A"
SCOPE OF WORK
InfoSend, Inc. having its main office at 1041 S. Placentia Avenue, Fullerton, California 92831,
agrees to provide the following services to The City of San Juan Capistrano "Client" having its
main office at: 32450 Paseo Adelanto San Juan Capistrano, CA 92675, for the term of this
Agreement.
InfoSend Service Overview
Client will select one or more of InfoSend's primary services (the "Service's from the list below
by checking the box next to the Service name:
❑x Printing and Mailing Service: During the term of this agreement, InfoSend, Inc. will provide
processing, printing and mailing services. The Service consists of processing data, printing
documents, mail preparation, applying postage (where applicable) and sending via the
United States Postal Service. Document types include but are not limited to bills, postcards
and letters.
❑ InfoSend will provide Electronic Bill Presentment and Payment services (the "Service'.
The Service can include presenting bills online and/or accepting payment transaction
information to facilitate ACH and/or credit card payments.
Confidentiality of Information
All information and data relating to Client's business submitted by Client to InfoSend under this
agreement shall be treated as confidential by InfoSend and shall not, unless otherwise required
by law, be disclosed to any third party by InfoSend without Client's written consent.
Limitation of Liability and Indemnification
InfoSend will not be responsible for actions or omissions resulting from receiving data and/or
following instructions received from Client. No damages shall be assessed against InfoSend
when any delay or breach on InfoSend's part is caused by failure of Client to perform Clients'
responsibilities or any other reason beyond the control of InfoSend.
InfoSend is a service provider, as such; Client acknowledges that data processing involves the
risk of human and machine errors that InfoSend shall rat be liable for any errors, omissions,
delays or losses. In no event shall InfoSend be liable for indirect special or inconsequential
damages even if InfoSend has been advised of the possibility of such potential claim, loss or
damage. The foregoing limitation of liability and exclusion of certain damages shall apply
regardless of the success or effectiveness of other remedies. Notwithstanding anything to the
contrary contained herein, InfoSend shall not be responsible for delays in receipt of client
information or processing client information because of causes beyond its reasonable control,
including, without limitation failures or limitations on the availability of third party
telecommunications or other transmission facilities and Clients' failure to properly enter and/or
transmit information.
Invoicing and Payment
InfoSend will issue monthly invoices. Invoice terms are NET 30.
0
0
Custom Forms/Envelopes
If Client has selected the Printing and Mailing Service and at any time requests the use of
custom made forms/envelopes it understands that these materials will be purchased in bulk to
achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of
requested custom forms/envelopes if Client stops using InfoSend's Service for any reason.
Possible reasons include Client's termination the agreement, or InfoSend termination of the
agreement as a result of Client's uncured breach. Client agrees to purchase the remaining
supply of custom forms/envelopes upon Client's request to change the custom forms/envelopes
before the supply has been depleted.
USPS Postage Rates
Postage rates are determined by the United States Postal Service. All postage rate changes
are determined directly by USPS and are independent of any cost of Service fees from
InfoSend. In no event shall any change in the postage rates affect the cost of service or
materials from InfoSend. The Client will be invoiced the amount of excess for overweight and
foreign mail.
Service Details
Initial Setup
■ InfoSend to assist Client with the redesign of its bill format. InfoSend will provide
mockups of the new bill layout. Client has elected to use the Highlight Color printing
option, which creates a 2 -color layout that is printed on white paper (to avoid having to
purchase custom stock).
• InfoSend to assist Client with the configuration of its Harris CIS Infinity system to export
data to InfoSend in the PDF format. InfoSend will assist the Client's IT department with
the configuration of the CIS Infinity bill template (which uses Crystal Reports) to match
the new bill design shown in the mockup file. This assistance will be provided via
teleconference and " GoTo Meeting".
• InfoSend will waive the initial setup cost. Once completed the Client will be able to send
PDF files to InfoSend for printing while still retaining PDF files internally for its email bill
service to use. The PDF files will look the same and both contain the same layout and
coloring.
• Bill design can includes 12 month usage graph with historical data, OCR -A font scan line
for automated remittance processing, and printing of custom messages on all or
selected bills. The inclusion of these features depends on whether CIS Infinity can make
this data available to the Crystal Reports bill template tool that is housed on the Client's
system.
• Once initial setup is completed future assistance can be provided upon request An
hourly Professional Services Fee will apply. The cost of this fee is provided in Exhibit B.
Data Transfer and Processing
• Client to transmit data to InfoSend in the PDF format.
• A File Transfer Report will be emailed to the Client representatives who have opted -n to
this email. A copy of this report is also available to download from the InfoSend website.
0 0
• Client will have access to an online Job Tracking application that shows the progress of
each file as it is processed and becomes a batch of documents to be printed and mailed.
Client can see both the original input file name and the InfoSend-assigned "Job Code".
• InfoSend will process the mailing addresses and perform the following functions:
o Apply CASS-certified address validation
o Comply with USPS requirements to obtain pre-sort automation rates
o InfoSend will stay current with all USPS regulations required to mail presorted
first class mail
Document Printing and Mailing
• Batches are printed by InfoSend using a high-speed production process onto the agreed
upon forms.
• Printed documents are put through a quality control process and then released to the
mailing department to be inserted into outgoing envelope. The return envelope and any
applicable inserts are included as well.
• After a batch of mail is completed in InfoSend's sysileem it will be marked as such in the
online Job Tracker and a Process Confirmation Report will be emailed to the Client
representatives who have opted -in to this email. A copy of this report is also available to
download from the InfoSend website.
0 0
EXHIBIT "B"
COST OF SERVICE
InfoSend's Fees Print and Mail Service:
prices shown in the table below applyonlyto
if sold seingrately)
Esi�atedvolurne 1 N0 Bills
the turnkey BOI[Dnntand Mad serAce, sorne Iter"IS Cnn gO LIP in price
Transaction Fee —
_T$_0. 132
Custom pre printed two-sided colored utility bill form using full page
Custom Preprinted Utility
8.5 x 11 format that Z -folds to fit into custom #10 envelopes. The
Bills The same fee applies
bottom portion of bill will be perforated for reply payment information.
to other document types
Includes 12 month usage graph with historical data, OCR-Afont scan
that can be included in the
line for automated remittance processing (including modifications as
same file.
needed to meet lockbox specifications) and printing of custom
messages on all orselected bills. Includes cusbm #10 single window
pre-printed outgoing envelopes and pre-printed #9 single window
return envelopes. All printing will be done on RECYCLED paper.
Postage not included.
Option —Highlight Color
$0.112
Per document fee includes file transfer, processing, materials, and
form with standard
handling. Includes black+ blue, green, or red printing onto white #24
envelopes The same fee
form with perforation. Standard double window outgoing envelope and
applies to other document
standard singlewin dow return envelope included. Includes 12 month
types that can be included
usage graph wits historical data, OCR -A font scan line for automated
in the same file. As well as
remittance processing (including modifications as needed to meet
documenttypes outside the
lockbox specifications) and printing of custom messages on all or
utility department that have
selected bills. No minimum run fee. Postage not included. Per page.
a minimum volume of 500
The bill stock uses standard paper, you can use recycled stock for an
documents per month.
additional $0.004 persheet.
Postage
Variable
Lowest possible postage will be applied. Higherpostage rates apply
for mail pieces that: weigh more than 1 oz, are addressed to a foreign
address (you have the option of suppressing these), or contain an
undeliverable address.
Implementation Cost
One time fee waived. Cost of the CIS upgrade is also waived if you
retain the same bill design. Future upgrades beyond that paint would
be subjectto a programming fee, which we would quote based on the
projectspecs and getyour approval on beforework begins
rrogrammig ree I a i ou.uu rer nour. ror customizations mace to aocunent processing program
after go -live. Examples: you change export file format 12 months after
go -live.
0
Pricing: BIIIPrint and Mall Optional Services
0
Optional
Electronic Address
$0.45
Per reported change. InfoSend electronically reports the addresses it
Updates — NCOALinkor
received in your data that need to be updated because the customer
ACS
filed a Change of Address Reportwith the USPS.
Drop -Shipped Inserts
$0.01
Clients can print and fold inserts and ship them to InfoSend to be
mailed with the statements. If folding is required add another$0.01 to
the fee. InfoSend-printed inserts are quotsd upon request. No
additional cost to selectively insert the #9 return envelope, leaving it
out of direct deposit or auto pay customers.
Online Print Image
$0.0005
Per PDF permonth. For exam ple the cost to retain bills online for 4
Archiving
(four) years is 4 x 12 x $0.0005 = $0.024 per PDF.
CD Archiving
$65.00
Per CD, plus shipping and handling.
New Bill Insert
No Design
No charge to design a one-sided 85x11" grayscale insert to explain
Charge
your new bill format. Various options are available to print the insert
(grayscale, spot color, full color).
Programming
$150
Per hourand performed upon request. For customizations made to
document processing program after go -live. Examples: you change
export file format 12 months aftergoaive. Programming is only started
after receiving your approval to proceed with a formal quote.
Section 8. Aareement Prices Agreement prices can be adjusted once every twelve (12) months to
account for increases in the cost of materials, labor, and other overhead costs. InfoSend reserves
the right to increase pricing on a yearly basis not to exceed the Consumer Price Index (CPI) for the
State of California, plus 1%. This information can currently be found at
www.dof.ca.gov/HTML/FS_DATA/LatestEconData/FS_Pdce.htm. The Client will be notified, in
writing, at least 30 days prior to such price increase.
In addition to this, if Client uses the Printing and Mailing Service, it accepts that InfoSend reserves
the right to pass on any extraordinarily high increases to the cost of forms or envelopes at any time.
The Client will be notified, in writing, at least 30 days prior to such price increase.
Section 9. USPS Postage Rates Postage rates are determined by the United States Postal Service.
All postage rate changes are determined directly by USPS and are independent of any cost of
Service fees from InfoSend. In no event shall any change in the postage rates affect the cost of
service or materials from InfoSend. The Client will be invoiced the amount of excess for overweight
and foreign mail.
Section 10. Advantage Against Postage Usage- InfoSend purchases the postage needed to mail
Client documents on the day of mailing. The postage charges are later invoiced to Client based on
the payment terms listed in Section 5. InfoSend requires Client to submit an advance against
postage usage prior to the first mailing to facilitate the payment terms. This amount will remain in
deposit for the duration of the contract and be refunded in full should Client decide not to renew the
contract.
9 0
The advanced postage amount is calculated by multiplying the estimated number mail pieces per
month by the current maximum pre-sorted first class postage rate. The advanced postage amount is
subject to an annual review and may be adjusted to account for increases to Client mailing volume
or USPS postage rate. The advanced postage amount due for your account is: 12,000 mail pieces
per month x $0.369 x 2 = $8,856.
Section 11. Proarammina Once the initial Service implementation is complete, the client can request
additional programming. Occasional programming requests that require less than one hour of work
are not assessed a programming fee. Programming fees will apply should the programming requests
become frequent or require more than one hour of programming per request. InfoSend will provide
an estimated programming timeframe and cost for these types of programming requests. Examples
include but are not limited to: modifications to existing program (s), the addition of a new program or
programs, and any software conversions resulting in a new client data format or change to the
existing client data format. Upon receipt of the client's written approval, InfoSend will proceed with
the work requested. The client will be invoiced at the current hourly programming fee. InfoSend's
current programming fee is $150.00 per hour.
ESTIMATES OF PRINTING COSTS FOR ADDITIONAL FORMS (PER PROVIDED SAMPLES)
PRICES ASSUME THAT CITY WILL PROVIDE PRINT -READY ARTWORK FOR EACH ITEM
@em
InfoSend Costs
1. Business License Application — 8.5 x 11 4 part NCR standard color
$375.00
sequence, 1/0 black ink, no numbers, no spedal specs
1,500 sets
Business License Renewal
$450.00
3,000
Business License, 8.5 x 11, canary stock, green ink, perforation at 3.66" and
$330.00
7.33" 110.
3,000
nwronmentaNewsletters
each at 2,000 — 9,Z -W-
,13,500/2,000
13,500/2,000
$.17 each at 10,000 - 15,000
ityetter ea ,0 1 brown ink, enNronment2 watermarkstock o
$1,650.00
recycled
Business License Bulk MailEnvelopes #10 regular, 1/0 Brown in 3,5225.00
Business Cards Gold foil logo stamp on -co ormas ers that bleeds on t roe
rmasters,
sides, 250 pername, 50,000 masters, plus imprints with PMS color
$48.00 per imprint order
Walking Tour Guides 18" x24" 4/4 map fold to 4 x9, 80# coated book 50,000
$14,560.00
0
Planning Department Brochures 6,000
$2,100.00
Hometown Happenings, 16 page, 2 -color, sae stitch document
120,000
aga a Improvement Brochure 1,000
$250.00
12. City Window Envelope 25,000
$985.00
City nve opes 15,000
$785.00
Water bill 126,000
Covered by agreement
H2O Update Newsletter 10k
$1,250.00
H2O Env. -Multiples 6,000
$365.00
WaterEnv-outer 20,Covered
by agreement
Water Env -Return 126,000
Coveredby agreement
Redevelopment Assn. 1(0 PMS on 24# Environment Recycled 100% stock
Natural white, Letterhead 2,000
$240.00
itynve opes 19,000
$1,800
CRAEnvelopes 2,000
$240.00
Bus Lic Return Env. 3,000
$225.00
New Business Packets 250
$65.00
Leadership Brochure 2
5.00
z x 11 Certificate hldr 20
$2.50 each with ie
8'/2 x 14 Certificate hldr 20
$3.00 each with die
Flood Zone Info 3,000
$750.00
SJ Summer Niles Brochures 10,000
$975.00
Storm Drain Mailer 14,500
$1,450.00
Storm Water Filer 14,500
Planning Dept. Brochures
(various) 6,000
$1,500.00
Tentative Tract Map roc ure
Tree Removal Permit Brochure 1,000
$250.00
EXHIBIT "C"
SUPPORT & MAINTENANCE SERVICE STANDARD GUIDELINES
Standard Support Services — Standard Guidelines
These guidelines provide information on Consultant's standard support coverage, the
services which are included as part of annual software support, a listing of call priorities,
an outline of escalation procedures and other important details.
The services listed below are services that are included as part of your data processing,
print, and mail support:
800 Toll Free Telephone support: (800) 429-0303
• Scheduled assistance for project implementations & other special projects (there
may be charges depending on the Statement of Work)
• Technical troubleshooting & issue resolution
• Free electronic access 24 x 7 with the following on-line benefits:
- Log, track & close support requests
- View & update support requests
- Access published documentation
- Access available downloads
- Download reports
- View Job Tracking statistics
- Download sample files in PDF format
HelpDesk Hours
Standard hours of support are from 8:00 a.m. PST to 5:00 p.m. PST, Monday to Friday,
excluding designated statutory holidays. Support hours may vary by specific product
line. Weekend assistance is available and must be scheduled in advance and in most
cases is billable.
Call Priorities
and warrant using the after hours answering service.
Call Process
All issues or questions reported to support can be tracked via an online support ticket.
Account Managers can provide support via telephone, email, or via the online support
ticket tool that is located by logging into www.infosend.com.
E
•
Each call is handled with personal support. Client will receive support from its
dedicated Account Manager. If that person is not available call will be handled by
another cross trained Account Manager or Senior Account Manager.
Each support request logged using the online support tool gets a unique ID and
can be viewed by either party. Both Client and Consultant can filter by open and
closed support requests.
Escalation Process
In the event Consultant has been unable to provide either a permanent or a mutually
acceptable temporary resolution within timeframes that the Client feels is reasonable
the issue can be escalated to the Client Services Director. An internal escalation
process filters high-priority issues to the COO. Client can contact the COO directly at
any time as well. Contact details for these people are listed below:
Client Services Director: Matt Schmidt, 714 525 8600, matt.s@infosend.com
COO: Russ Rezai, 714 299 6928, russ.r@infosend.com
Holiday Schedule
Below is a listing of statutory holidays. Please note that support services will be closed
on designated days as outlined below.
New Year's Day
Closed
Memorial Day
Closed
Independence Day
Closed
Labor Day
Closed
Veteran's Day
Closed
Thanksgiving
Closed
Day after Thanksgiving Day
Early Closure
Christmas Eve
Early Closure
Christmas Day
Closed
Connection Methods
All data is transferred between Client and Consultant via the internet. Client can use a
secure web upload tool, FTP with PGP/GPG encryption, or SFTP.
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92679
(949) 493.1171
(949) 493.1053 FAX
xat tiasun�uunca/nstrrrrio.ol;��
0
MEMBERS OF THE CRV COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAMALLEVATO
LAURAFREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR LONDRES USO
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, September 21,
2010, in the City Council Chamber in City Hall, to consider: "Consideration of an
Agreement for Printing, Folding, Inserting, Designing, and Mailing Services
(InfoSend, Inc.)" — Item No. D16.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, September 20, 2010, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Pooja Gupta,
Technology Services Manager. You may contact that staff member at (949) 443-6302 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an a -mail to:
cityclerkasanivancaoistrano.om,
Maria Morris, CMC
City Clerk
cc: InfoSend, Inc.
San Juan Capistrano: Pmerving the Pa i to Enhance the Future
Christy Jakl
From:
Sent:
To:
Subject:
Good Morning,
•
Christy Jakl
Friday, October 01, 2010 8:31 AM
Pooja Gupta
I nfoSend
I have your approve contract for Infosend. Before we are able to send out the agreement we need
to receive all their insurance documents required in Section 14 of the agreement. Also keep in mind
that they should not be performing any work until insurance documentation is received by our office.
Please forward these documents to our office as soon as possible.
They are also required to provide E -verify, They have 15 days from the date of the contract
(9/21/10) to provide this documentation.
Please let me know if you have any questions.
Kindest Regards,
Chrisl-� Jakl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax