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HomeMy WebLinkAbout25D - AGMT BILL PRINT SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2019 TITLE: APPROVE RENEWAL AGREEMENT FOR BILL PRINT SERVICES WITH INFOSEND, INC. FOR AN AMOUNT NOT TO EXCEED $600,000 (STRATEGIC PLAN NO. 7, 5F) CITY i AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager to execute an agreement with InfoSend, Inc. ("InfoSend") for printing, processing, mailing, and electronic bill presentment and payment for City water billing, licensing and/ or fee revenues effective July 1, 2019 through December 31, 2020, for an amount not to exceed $600,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury and Customer Service Division ("Treasury") of the Finance and Management Services Agency is responsible for the billing and payment processing for the following City revenues: Municipal Utility Services (MUS) accounts, Paramedic Subscription Services, Business License Taxes, Proactive Residential Enforcement Program (PREP), Dog Licenses, and special notice inserts relating to City news and licensing renewal information. Billing and payment services require data processing, printing, mailing services, and e-business services (presenting bills online and/or accepting and reporting payment transactions via the Web). Since fiscal year 2006-07, Treasury has taken advantage of Electronic Bill Presentment and Payment Services (EBPP) technology to provide alternative service delivery process improvement options to customers relating to bill presentment and payment. InfoSend's bill print services include but are not limited to the following: printing, processing and mailing. On June 17, 2015, the City Council approved an agreement with InfoSend for bill printing, mailing, and EBPP and on June 7, 2016, City Council approved adding similar bill print services for the PREP and increasing the annual contract cap from $375,000 to $400,000 for fiscal year 2016-17. InfoSend has unique institutional knowledge of the City's data processing, bill printing, mailing, and electronic presentment and payment services. InfoSend is able to solely handle all data processing, print, mail services, and e-business services. Their professional services include 25D-1 Renewal Agreement for Bill Print Services with InfoSend, Inc. September 3, 2019 Page 2 project management for each print job from beginning to end, as well as providing a high level of quality assurance through their Quality Control Department by checking mail files at multiple stages throughout the production process. InfoSend's information technology, document formatting, electronic payment service, and document production currently integrates seamlessly into our various existing Treasury billing structures, as it presently generates all electronic document files, exchanges them with other integrated vendors, inserts mailing pieces, meters postage, and prepares all mail items for delivery. In November 2016, Treasury completed a comprehensive upgrade to the City's MUS enQuesta customer information services and billing software that supports single sign -on customer access to the enQuesta system, enhanced EBPP, interactive voice response (IVR), a mobile app, and real time payment posting. InfoSend's services directly support and are integrated with this comprehensive upgrade. More recently, beginning in Fiscal Year 2018-19, the Finance and Management Services, Public Works, and Information Technology agencies have undertaken the development of a program proposal for the implementation of an Advanced Metering Infrastructure (AMI) to provide modern smart metering services for the City's water utility operation and for MUS customers. This program proposal will in part be based on expanded use of the City's upgraded MUS enQuesta system with which InfoSend's services are integrated. Therefore, staff recommends renewing InfoSend's contract for an additional 18 months to allow the City time to fully access the upgraded functionality of the integrated system in connection with AMI. Moreover, the cost to implement an equivalent bill print and e-business service provider is unknown, but would require new software and substantial additional integration expenses as InfoSend is fully integrated into all Treasury programs that require bill print and e-business services. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization, Strategy F (explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). 25D-2 Renewal Agreement for Bill Print Services with InfoSend, Inc. September 3, 2019 Page 3 FISCAL IMPACT Funds in the amount of $400,000 are budgeted and available for FY 2019-20 and funds in the amount of $200,000 will be similarly budgeted for FY 2020-21 as follows: Departments Account No. FY 2019-20 FY 2020-21 Finance and Management Services Agency 01110130-62300 $250,000 $125,000 Public Works Agency 06017644-62300 $129,000 $ 64,500 City Manager's General Non -Departmental 01105015-62300 $ 21,000 $ 10,500 TOTAL $400,000 $200,000 APPROVED AS TO FUNDS AND ACCOUNTS: U� g�° 'c�, Fuad S. S eiss, PE, PL Kathryn Downs, CPA Executive irector Executive Director Public Wor s Agency Finance and Management Services Agency Exhibit: 1. Agreement AG:WH 25D-3 25D-4 AGREEMENT WITH INFOSEND, INC. TO PROVIDE BILL PRINTING, MAIL SERVICES, AND PAYMENT PROCESSING SERVICES THIS AGREEMENT, dated as of this 3rd day of September, 2019, is made and entered into by and between-InfoSend, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal bill printing and mailing services and electronic bill presentment and payment processing. B. The parties previously entered into Agreement 4A-2015-116 which expired on June 30, 2019. City acknowledges that it has received Municipal Utility Services, Business License Tax, Dog License, Proactive Residential Enforcement Program, and other ancillary bill printing and mailing services as well as Dog License electronic bill presentment and payment processing services from Consultant since the expiration of the prior agreement. City intends for this Agreement to compensate Consultant for services rendered from July 1, 2019 through the date referenced above. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide paper bill processing, printing and mailing services along with electronic bill presentment and payment services, and other related professional services as detailed in the scopes of services attached hereto as Exhibits A and C and hereby incorporated herein by reference. a. Processing, Printing and Mailing (PPM) Services. The paper bill processing, printing and mailing (PPM) process consists of processing data, address validation and POSTNET bar coding, printing documents, mail preparation, applying presorted postage and sending via the United States Postal Service for the City's: (1) Municipal Utility Services bills; water conservation program notices, penalty and/or collection notices, and other miscellaneous notices and advisories including paramedic subscription notices; (2) Business License Tax bills, renewal statements, certificates and licenses, penalty/and or collection notices, and other miscellaneous notices and 478320 25D-5 advisories; and Dog License Bills, certificates and licenses, penalty/and or collection, and other miscellaneous notices and advisories. b. Basic Electronic Bill Presentment and Payment (EBPP) Services. Basic Electronic Bill Presentment and Payment (EBPP) services consists of: (i.) Presenting Dog License bills online and accepting payment transaction information to facilitate ACH or credit card payment via Consultant's merchant processing provider, EPX (EPX Acquisition Company, LLC, successor to Phoenix Payment Systems, Inc.). c. City's right to bifurcate agreement and terminate PPM and Basic EBPP services for Dog License billing. During the Term of this Agreement, but beginning not sooner than July 1, 2019, City may upon one hundred -twenty days (120) days prior written notice by the City's Executive Director of Finance and Management Services, terminate PPM and Basic EBPP services for Dog License billing. Whereupon City shall have the right to continue Consultant's PPM services for Dog License Billing for the term of this Agreement or City may continue either Consultant's PPM and/or Basic EBPP services for Dog License Billing on a month -to -month basis and terminate the PPM and Basic EBPP portion of the Agreement in connection with Dog License Billing, with no termination penalty or fees by providing fifteen (15) days written notice of its intent to terminate said PPM and Basic EBPP portion of the Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and Exhibit C, attached hereto and incorporated herein by reference. The total sum to be expended under this Agreement shall not exceed $600,000. This amount shall include payment for services rendered by Consultant during the time period from July 1, 2019, until December 31, 2020. For the annual fiscal year of July 1, 2019 through June 30, 2020, the total amount to be paid to the Consultant shall not exceed $400,000. For the period from July 1, 2020 until December 31, 2020, the total amount to be paid to the Consultant shall not exceed $200,000. b. Payment by City shall be made within forty-five (45) 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. City shall be responsible for payment related to United States Postal Service postage including rate increases. City will be invoiced by contractor for postage including the amount charged for overweight and foreign mail. 478320 25D-6 3. TERM This Agreement shall cover the period of July 1, 2019 through December 31, 2020, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. [Due to the nature of the services provided by Consultant, auto insurance is not required.] C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, 978320 25D-7 Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. City of Santa Ana, its officers, employees, agents and representatives shall be Additional Insureds with respect to General Liability and Auto Liability Insurance is Primary and Non -Contributory. iv. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City of cancellation with ten (10) days prior notice for non-payment of premium in accordance with policy provisions. v. Certificates of insurance shall show the City as a certificate holder as follows: City of Santa Ana Risk Management Division, 4`h Floor 20 Civic Center Plaza Santa Ana, CA 92702 vi. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. vii. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. #7832v2 25D-8 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Consultant shall not be liable for indirect, special or inconsequential damages even if Consultant has been advised of the possibility of such potential claim, loss or damage. Consultant 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, failure or limitations on the availability of third party telecommunications or other transmission facilities and City's failure to properly enter and/or transmit information. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant 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. #7832v2 25D-9 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director Finance & Management Services City of Santa Ana 20 Civic Center Plaza (M 17) P.O. Box 1964 Santa Ana, CA 92702-1964 Te lefacsimi le: 714-647-5304 To Consultant: Russ Rezai InfoSend,Inc. 4240 E. La Palma Anaheim, CA 92807 Telefacsimi le: 714-993-1306 Email: russ.r(Qinfosend.com A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. #7832v2 25D-10 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. If City has requested custom forms/envelopes, City will purchase the remaining supplies of requested forms/envelopes upon termination of the Agreement, or at the time City requests a change in the design of the forms/envelopes. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. N7832v2 25D-11 14. JURISDICTION - VENUE 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. This Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. [Signature page to follow] #7832v2 25D-12 IN WITNESS WHEREOF, thepartieshereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City Attgme�l.� By: Rvan O. odgc Assistant City At prncv RECOMMENDED FOR APPROVAL: KATHRYNDOWNS Executive Director, Finance and Management Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT 64-- SS President Tax ID # 33-0748516 #7832v2 25D-13 Exhibit A - Scone of Consultant Primary Services This Exhibit A is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the "Agreement") between Consultant, Inc. ("Consultant") and the City of Santa Ana ("City"). This Exhibit A provides the Services which Consultant shall deliver to Client to permit the Client's customers ("Users") to use the products and services to view and pay their bills. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement. Client will select one or more of Consultant's Primary Services from the list below by checking the box next to the Primary Service name. Any Primary Services not selected prior to the execution of this Agreement can be added at a later date via an Agreement Amendment. Data Processing, Printing and Mailing Service ("DPPM Service"): During the term of this Agreement, Consultant will provide data 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. 0 eBusiness Services (the "eBusiness Services"): During the term of this Agreement Consultant will provide eBusiness Services. These services can include presenting bills online and/or accepting and reporting payment transaction information to facilitate ACH and/or credit card payments via web, Interactive -Voice -Response (IVR), SMS, or Bank Billpay (e-Lockbox). Section 1. Data Processing. Printing and Mailing (DPPM) Service Descrintion A. Data Transfer and Processing • Client to transmit data to Consultant in an agreed upon format. Should Client make changes to data file format after initial setup is complete, it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C — Professional Services — for information on initial setup and ongoing programming changes. • 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 Consultant website. • 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 Consultant -assigned "Job Code". • Consultant 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 for qualified client mail pieces o Stay current with all USPS regulations required to mail presorted first-class mail • Consultant will optionally provide proofs of the final print -ready PDF files to Client to be reviewed and approved before printing begins (if requested). M7832v2 25D-14 B. Document Printing and Mailing • Batches are printed by Consultant 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. A return envelope and any applicable inserts are included as defined by client workflow. • After a batch of mail is completed in Consultant'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 Consultant website. Section 2. eBusiness Service Description A. General System Description • Mobile -Ready Customer Engagement: all products are mobile compatible out of the box, with no app store downloads required of customers. Powered by Consultant's CCM platform, customer specific messaging and payment reminders are delivered electronically. • Multi -Channel Payment Collection: Consultant's payment platform will consolidate web, telephone, SMS, CSR, in -person EMV and bank payments into a single lockbox file. • One -Time and Automatic Payments: allow customers to quickly make a one-time payment, as well as sign up to have their payment account auto debited with each billing cycle. • Bill Notification and Presentment: notify customers via email when a new bill is available, and securely deliver exact replica of printed document to customers' inbox or show online via the secure portal. • Interactive Voice Response (IVR): accept customer payments via automated phone service with Consultant -hosted phone number, enabling client phone systems to redirect customers with ease. • SMS Text -to -Pay: enrolled customers may opt in to receive text notifications of new bills, and reply to have the registered payment method drafted for the amount due, speeding up the time to payment. • Bank Payments (MasterCard RPPS): Consultant can collect payments made via the customer bank and include them within the lockbox file. • PCI-Compliant Cloud Based Solution: electronic billing and payment related products hosted in the cloud by Consultant in a secure PCI-Level 1 compliant environment. B. Data Transfer and Processing • Client to transmit data to Consultant in an agreed upon format, using the Data Transfer and Processing workflow described in Section 1. • If the Client is not using Consultant's DPPM Service, USPS address workflow will not be applied. • Data loaded into the eBusiness system is used to facilitate accurate payments via Web, IVR, SMS or Bank BillPay. C. Customer Enrollment and Bill Notification • Data loaded into the system will be used to facilitate customer enrollment, using two pieces of information specific to the customer bill. • For enrolled customers, system will send a notification of the new bill available via email. tt7832v2 25D-15 • For enrolled customers who have opted in, system will send an SMS alert. • For customers using the IVR system, bill information will be dictated by text to voice. • For customers paying via Bank BiIIPay, the account number can be validated by the system prior to accepting payment. • The system may optionally be configured to display a PDF replica of the bill image. D. Customer Payment and Reporting • Customers can make payment via Web, SMS, IVR or Bank BiIIPay, depending on channels which Client has requested Consultant setup. • Payments can be configured to allow Users to pay by bank account and/or credit/debit card. • All payments will be reported in a standard daily "lockbox" file. Section 3. Imnlementation and Support Descrintion A. Implementation • Dedicated Account Manager acts as primary contact and project manager, coordinating all internal setup activities with Consultant programming and operations staff. • All setup and training performed virtually, using phone, email, and web -based tools for issue tracking and screen sharing. • All communications, documentation and test files tracked and stored securely within the Consultant CRM system, allowing other Consultant personnel to contribute or take ownership of the project. • Key milestones are established at kickoff, then tracked and reported throughout the project. • During programming, Consultant's Data Processing platform is configured to automate client -specific Quality Assurance (QA) during processing. • Parallel Testing is run prior to go -live, ensuring all aspects of the application are validated before launch. • Go -Live includes an "all -hands" approach, with all key Consultant managers required to review the launch day activity and sign off before application output is final. B. Support • Dedicated Account Manager from implementation also assigned to monitor and provide support. • Dedicated Support Staff for reviewing and responding to incoming issues. • Multiple communication channels available for client preference: web support ticketing tool, email, and phone. • Proactive support initiated by Consultant staff when client data issues are detected by Consultant Quality Control processes. • Issues tracked via Consultant CRM tool, ensuring full resolution before the ticket can be closed. #7832v2 25D-16 Exhibit B - Consultant Fees This Exhibit B is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the "Agreement") between InfoSend, Inc. ("Consultant") and the City of Santa Ana ("City"). This Exhibit B provides the Fees which Consultant shall bill to City in exchange for Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement. Section 1. Price Escalations to Consultant Fees Consultant Fees can be adjusted once every twelve (12) months to account for increases in the cost of materials, labor, and other overhead costs. Consultant reserves the right to increase Consultant Fees on a yearly basis (starting with the first anniversary of the Agreement date) not to exceed the Consumer Price Index (CPI) for the State of California, plus 1.5%. The City will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Fees are changed, unless the terms or conditions of the Agreement have otherwise changed. Postage fees can change at any time per USPS regulations and do not require an amendment to the Agreement. Consultant pricing is predicated on City representations of City and City User transactional usage. Should City's actual continuous volume and/or recurring frequency deviate by more than thirty percent (30%) from what City has represented to Consultant in Section 2 below, then Consultant reserves the right to invalidate the Fees listed in this Agreement. Should this rare situation arise then Consultant will notify City immediately and negotiate with City in good faith to pass on any increased costs to City, in line with actual City and City User transactional usage. As defined in Section 5.2(iv) of the Agreement, should Consultant and City fail to agree upon updated Fees, Consultant reserves the right to terminate this Agreement with one hundred eighty (180) days' notice. [Exhibit B continued on next page] #7832v2 25D-17 Section 2. Client Representations Document Types and Annual Ouantities Bills/notices under program codes: SNC — 236,927 SNF — 6,283 SNU — 33,282 Dog License under program codes: SNL — 15,280 SNR-1,394 Tax Documents under program codes: SNG — 6,504 SNN — 4,184 SNT — 21,667 SN9 — 9,803 SNM - 936 Number of Batches Monthly Varies by application and job code Custom Materials and Monthh, Volumes Some Job codes use custom material and depicted in pricing by Job Average Customer Payment Amount EBPP — Only dog License applications apply and represents about 1300 per month — N/A on average payment. Section 3. DPPM Fees: 1nfoSend Data Processing, Print and Mail Pricing Utility Billing Documents (SNC/SNF/SNU) 1 $0.119 per document One Page with Return Envelope — InfoSend Standard Materials #7832v2 25D-18 Doc,License Documents_ (SNL/SNR) I $Ot1135 per document One;P6 a with Return' Envelope— InfoSend Standard Tax Documents (SNC/SNN/SNT/SNM) $0.206,per document ,One Page .with Return Envelope— InfoSend •Standard Materials Tax Document (SN9) . ' I $0;237 per document Finished mail pieces are delivered to the USPS within one (1) business day. If samples (proofs) are requested then the mailing will be completed within one day of sample approval. File upload deadline for next -day mailing is 3:OOPM local time at the production facility designated for your account. If samples are required then they must be approved by 5:30PM local time for the file to be mailed by the next business day. The below provides the components of the summary price given above. All pricing is based on "Client Volume Assumptions" listed below and excludes applicable sales tax. Printing and Mailing,Service SOA73' Utility Bill Documents : Print Fee per. Page with' up to 2/0 Ink $0.0675 Dog License — Print Fee per Page with 22/0 with up to 2/0 Ink SO.16„ Tax documents — Print Fee per Page with up to 2/6 Ink $0.191 Tax Documents — Program SN9 - Fee per Page, with up to 2/0 Ink USPS Postage Pass4 irough A postage deposit will, be required prior, to starting service: Duplex Printing $0.02 Additional spot colors (up to full color) $0.003 per additional color Inline Insert Print Fee $0.04 Black printing $0.06 Color printing Batch Fee (per mailing batch under 200 mail pieces) $5.00 Excess Pages Handwork Surcharge (per mail piece) $0.35 #7832v2 25D-19 Address Updates $0.50 NCOA $0.50 ACS Materials Standard Paper Stock (per sheet) $0.015 Standard Outgoing #10 Envelope $0.016 Standard Return #9 Envelope $0.015 Outgoing Flat Envelope — used for mail pieces with excess pages $0.16 Requested Optional Form — 8.5x 11 Recycled Requested Optional form — 8.5 x 14 Recycled $0.021 $0.026 Requested Optional Outgoing #10 Envelope - Recycled $0.023 Requested Optional #9 Envelope - Recycled $0.0225 Insert -Services InfoSend Produced Quoted based on specification Envelope Messaging (Snipes) Quoted based on specification Electronic Inserts $0.01 Drop Shipped Inserts $0.01 per insert $0.02 additional per insert folded #7832v2 25D-20 Print Image Archiving (Per Document Image), with $0.01 - For 12 Months of included USPS mail tracking Retention $0.017 - For 18 Months of Retention $0.022 - For 24 Months of Retention $0.027 - For 36 Months of Retention Final Doc Transfer (FTP) $0.01 per image InfoSend Batch File $0.02 per image Custom File Format Professional Services Rate (per hour) $150 Return Mail Service $0.25 per reported returned mail piece $0.50 per mail piece returned to InfoSend PO Box Remit Tracking $100 monthly support fee Section 3.1. Custom Forms/Envelopes If City has selected the Printing and Mailing Service and at any time requests that Consultant Fees include the cost of custom City -specific materials (either in this Agreement or since its execution), then City understands and accepts that these materials will be purchased in bulk to achieve the lowest possible per -unit cost. City agrees to purchase any remaining supplies of requested custom materials (normally forms or envelopes) if City stops using Consultant's Service for any reason. City agrees to purchase the remaining supply of custom forms/envelopes upon City's request to change the custom forms/envelopes before the supply has been depleted. Section 3.2. USPS Postaee 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 Consultant service or materials fees. In no event shall any change in the postage rates affect the Consultant service or materials fees. The City will be invoiced the amount of excess for overweight and foreign mail. Section 3.3. Postaee Denosit Consultant, as current provider, already has a postage deposit on file for the City. #7832v2 25D-21 Section 4. eBusiness Service Fees: InfoSend Electronic Payments and Presentment Pricing Bank Account (ACH) I Per EPX Contract Credit Card (CC) Per EPX Contract Interchange: Pass -through Above.fees cover payment initiation through all channels hosted by InfoSend. All Payment Processing fees will be assessed by Global Payments and included in a merchant statement. All pricing is based on "Client Volume Assumptions" listed and excludes applicable sales tax. InfoSend may apply different limits per transaction to control risk or increase user adoption. Online BillPay PlatformQuickPay Online BillPay Setup Fee Exists Already Monthly Maintenance $200.00 Per eBill Loaded N/A Per Enrolled Customer Fee N/A k7832v2 25D-22 Exhibit C — Professional Services This Exhibit C is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the "Agreement") between InfoSend, Inc. ("Consultant") and the City of Santa Ana ("City"). This Exhibit C provides Consultant's Professional Services Fees which Consultant shall bill to City in exchange for Professional Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement. Section 1. Price Escalations to Consultant Professional Services Fees Consultant Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of providing these services. Consultant reserves the right to increase Professional Services Fees on an annual basis, starting with the first anniversary of the Agreement date, if needed. The City will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed. Section 2. Definition of Professional Services Consultant Professional Services are the technical services that are required to perform the initial setup of the Consultant Primary Services defined in Exhibit A and the technical services required to make changes to these Primary Services after the initial setup is complete. Once any Primary Service is live and operational Professional Services will not be required unless City requests a change or makes changes to its data file format or business rules which necessitates a change to Consultant's system configuration or programming. Examples of Consultant Professional Services: • Project requirements gathering and analysis hours • Project management and/or consulting hours • Software development and system configuration hours related to the processing of City's data • Software development and system configuration hours related to document design, web portal setup, business rule configuration, or any other applicable technical services • Application testing and deployment hours Section 3. Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $150.00 per hour. In the event that a project will incur billable Professional Services hours, City will be informed before work begins. Consultant and City will execute a Statement of Work for project that City wants Consultant to undertake. The payment terms for the project depend on the size and scope of the project. The Statement of Work can include payment terms that are different than the terms listed in this Agreement for Consultant Fees, otherwise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professional Services can be initiated without a Statement of Work if City accepts and executes a Programming Quote for this work. #783M 25D-23 Any project that will take more than five (5) hours of Professional Services work will require both parties to execute a formal Statement of Work. Depending on the nature of the work required, Consultant will provide one of the following quotation methods: Fixed Quote — a fixed project cost will be set. Consultant may elect to waive this cost in some circumstances. City understands and accepts that it must accept the terms and conditions of the, Statement of Work for the project and that changes made to the project requirements, data file structure, etc., after the Statement of Work and any amendments to it have been finalized will require City to pay for these changes on a Time and Materials basis. City will be notified immediately if this scenario arises and will be given an option to keep the original project specifications to keep the fixed quote in place. Time and Materials quote — should it not be possible to provide a fixed quote due to the nature of a City's requested project, then Consultant will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis. The Statement of Work will include the terms and conditions for these project types and City will be invoiced weekly for the hours spent on the project. The Initial Setup cost for the Consultant Primary Services selected in Exhibit A are listed in Exhibit B. These costs have been provided using a Fixed Quote process, explained in Section 3 above. City understands and agrees to these terms, and to the project -specific terms and conditions that will be provided in the Statement of Work that will be created to capture City's specific requirements and data types. #7832v2 25D-24