HomeMy WebLinkAboutINFOSENDr_ ON FILE A-2020-255
WORK MAY PROCEED
iNTIL INSURANCE EXPIRES
CLERK OF COUNCIL
rATE:
(W1ltitolt) FIRST AMENDMENT TO AGREEMENT WITH INFOSEND, INC.
1 MSR%) TO PROVIDE BILL PRINTING, MAIL SERVICES, AND
PAYMENT PROCESSING SERVICES
THIS FIRST AMENDMENT TO AGREEMENT, dated as of this 15°i day of December
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" ), collectively "the Parties".
RECITALS:
A. The Parties entered into that certain Agreement 4A-2019-153, dated September 3, 2019.
("said Agreement") by which Consultant, having special skill and knowledge in the field of Bill
Print - Processing, Printing and Mailing (PPM) services as well as Electronic Bill Presentment and
Payment (EBPP) services, agreed to perform such services for the City.
B. The Parties desire to amend the Scope of Services, Compensation, and Term clauses of
said Agreement.
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:
The Parties hereto now desire to amend Sections I, 2, and 3 of said Agreement to read as follows:
1. SCOPE OF SERVICES:
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, Prinling and Mailing (PPA1) 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, water quality program notices. Municipal
Utility Services rate change advisories, awareness & education campaign
notices, advanced meter infrastructure notices and advisories, penalty
and/or collection notices, and other related miscellaneous notices, form
correspondence and advisories including paramedic subscription notices.
(2) Business License Tax bills, renewal statements, certificates and licenses,
penalty/and or collection notices, and other related miscellaneous notices,
form correspondence and advisories; (3) Dog License Bills, rabies
reminders, certificates, penalty/and or collection notices, and other related
miscellaneous notices, form correspondence and advisories: (4) Proactive
Residential Enforcement Program (PREP) bills, renewal statements,
certificates, penalty/and or collection notices, and other related
miscellaneous notices. form correspondence and advisories: and (5)
assorted public notices, community advisories, outreach program letters.
associated form correspondence, as well as City newsletters and a variety
of other miscellaneous independent City agency communications and
program literature.
b. Basic Electronic Bill Presentment and Payment (EBPP) Services. Basic
Electronic Bill Presentment and Payment (EBPP) services consists of:
(i.) Maintaining an online customer payment portal and 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, and
successor to Phoenix Payment Systems, Inc.).
City's right to bifurcate agreement and terminate PPA4and Basic EBPP services,%r Dog License
billing. During the Term of this First Amended Agreement and any extension hereto, but
beginning not sooner than January I, 2021, 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, plus associated merchant
processing services currently provided by Consultant's contracted merchant processor, Electronic
Payment Exchange, Inc. (hereinafter "EPX"). Whereupon City shall have the right to continue
Consultants 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 Bill ing 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 applied by Consultant by providing
fifteen (15) days written notice of its intent to terminate said PPM and Basic EBPP portion of the
Agreement.
c. Electronic Bill Data Conversion and Grulyhical Document File Presentment /br
Third -Party Enhanced EBPP Services Provider. Electronic Bill Data
Conversion and Graphical File Presentment services consists of:
(i) Receiving graphical bill data file information from an integrated
City billing application ("enQuesta ") maintained by a designated
billing application provider ("Systems and Software, Inc.") and
converting said graphical bill data file information into a graphical
document file and presenting said file to a designated Third -Party
Enhanced EBPP Services Provider ("Invoice Cloud. Inc.").
2. COMPENSATION:
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 which are hereby
incorporated herein by this reference. The total sum to be expended under this First
Amendment for the time period of January I. 2021 through June 30. 2021 shall not
exceed $550,000.00, Compensation for fiscal year 2020-2021 shall not exceed
$750.000.
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 Consultant for postage including the
amount charged for overweight and foreign mai I.
3. TERM:
3. TERM
This First Amendment shall cover the six-month period of January 1. 2021 through June
30, 2021.
Except as hereinabove modified, the terms and conditions of said Agreement remain
unchanged and in full force and effect.
(.Signatures on, following page/
3
A-2020-255
IN WITNESS WHEREOF. the Parties hereto have executed this First Amendment to Agreement
the date and year first above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney--
By: e(g�L
Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
�khr' ...>„
KATHRYN DOWNS
Executive Director of Finance and
Management Services Agency
CITY OF SANTA ANA
K STINE RIDGE
City Manager
CONSULTANT
R XANA WEIL
Executive Vice President
City of Santa Ana -First Amend ment_Executed_
12.03.2020
Final Audit Report 2020-12-03
Created: 2020-12-03
By: Kristin Andrade (kandrade@sanla-ana.org)
Status: Signed
Transaction ID: CBJCHBCAABAAGQ4msv2JSZiNV9ybawWuTbPuK4RSszDD
"City of Santa Ana -First Amendment_Executed_12.03.2020" His
tory
Document created by Kristin Andrade (kandrade@santa-ana.org)
2020-12-03 - 7:43:34 PM GMT- IP address: 98.153.69.210
12+ Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature
2020-12-03 - 7:44:05 PM GMT
Email viewed by Kathryn Downs (kdowns@santa-ana.org)
2020-12-03 - 7:46:06 PM GMT- IP address: 98.153.69.210
ba Document e-signed by Kathryn Downs (kdowns@santa-ana.org)
Signature Date: 2020-12-03 - 7,46:20 PM GMT - Time Source: server- IP address: 98.153.69.210
0 Agreement completed.
2020-12-03 - 7:46:20 PM GMT
Q Adobe Sign
Client#: 581763
INFOSENDI
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DarE IMMIODn'YY1
5126/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliey(les) must have ADDRIONAL INSURED provisfone or be andorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(0-
PRooucER
Rocio Gutierrez
Marsh & McLennan Agency LLC
Moue _---
A/C E EMR 949.425.7301 ____.- �LAX,N1._
Marsh & McLennan Ins. Agency LLC
E-MAIL
occerts@marshmma.com
-aDOBEes, @ ---
1 Polaris Way #300
—
i IN$UI AFFORDING COVERAGE
SAM0
Allso Viejo, CA 92656
. INSURER A: Federal Insurance Company
20281
INSURED InfoINSURER 8: NOVA Casualty Company
Inc.
42552
555555
4240E Laend,
240 La Palma Avenue 1 INSURER C, Undenwriters at Lloyd's London
Anaheim, CA 92807 INSURER 0:
INSURER E :
^^, ^^•^� ____ :INSURER F:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED •NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 1101, Additional Remark. Sehetlule, may be aaachetl II men epeee is reeobed)
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; Its
officers, employees, agents,
volunteers and representatives are included as additional insured as respects to General Liability per ✓
attached endorsements. Waiver of Subrogation applies to Workers Compensation per attached endorsement.
Primary and Non -Contributory Wordin applies to G n I ayI�p( hed endarsement.Cancellation
provisions apply per the attached. REVIEW � AYYI�tS�ED
By Risk MANAGEMENT DivisiON
City of Santa Ana SHO ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Risk Management Division ANCtiE ACEVE ACCORDANCE WITH THE POLICY PROVISIONS,
20 Civic Center Plaza, 4th Boor
SANTA ANA, CA 92701.0000 AUTHORIZED REPRESENTATIVE
C 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S48563331M4842093 WOJKL
INSURED: InloSend, Inc.
POLICY#: 36031149
CHUBB•
POLICY PERIOD: 04/01/2020
Liability Insurance
Endorsement
Policy Period
Effective Date
Policy Number
Insured
Name of Company
Data Issued
This Endorsement applies to the following forms:
GENERAL LIABH,rrY
Who Is An Insured
FEDERAL INSURANCE COMPANY
NNE 1, 2018
Under Who Is An Insured the following provision is added
TO: 02101/2021
Additional Insured - Persons or organizations shown in the Schedule are Insureds; but they are insureds only if you are
Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded. by
Or Organization this policy.
However, the person or organization is an insured only:
• if and then only to the extent the person or organization is described in the Schedule:
• to the extent such contract or agreement requires the person or organization to be afforded
status as an insured;
• for activities that did not occur, in whole or in part, before the execution of the contract or
agreement and
• with respect to damages, loss, cost or expense for injury or damage to which this insurance
applies.
No person or organization is an insured under this provision:
• that is more specifically identified under any other provision of the Who Is An Insured
section (regardless of any limitation applicable thereto).
• with respect to any assumption of liability (of another person or organization) by them in a
contract or agreement. Ibis limitation does not apply to the liability for damages, loss, cost or
expense for injury or damage, to which this insurance applies, that the person or organization
would have in the absence of such contract or agreement.
REVIEWED & APPROVED
By Risk MANAGEMENT DMSION
JUN6 2020
ANCIE ACEVEdo
UsbfSry Insurance Addiriooal Insured - Scheduled Parson Or Organizadan _ _ contlnuad
Form aD-02.2367(Rev. 5-07) Endorsement Page I
INSURED: Intosend. Inc.
POLICY#: 36031149 POLICY PERIOD: 04/01/2020 TO: 02/01/2021
cHUaae
Liabli ty Endorsement
(continued)
Under Conditions, the following provision is added to the condition titled Other Insurance.
Condition
Other Insurance — If you are obligated, pursuant to a contract or agreamem, to provide the person or organization
Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case
Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person
Person Or Organization or organization.
Schedule
PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO
WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON
OR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS IS
AFFORDED BY THIS POLICY; BUT THEY ARE INSUREDS ONLY AND TO
THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES
THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN
INSURED.
HOWEVER, NO PERSON OR ORGANIZATION IS AN INSURED UNDER THIS
PROVISION OF THE WHO IS AN INSURED SECTION OF THIS POLICY
(REGARDLESS OF ANY LIMITATION APPLICABLE THERETO).
All other terms and conditions remain unchanged.
Authorized Representative
REVIEWED & APPROVED
By Risk MANAGEMENT DivtsiON
JUNV020
ANgiE ACEVEIO
Liability Insurance Additional Insured • Solredulad Person Or Organization last page
Form 80-02-2367(Rev. 5.07) Endomement Page 2
INSURED: InfoSend, Inc.
POLICY #: BBWVVK1000066300
POLICY PERIOD: 02/01/2020 TO 02MI12021
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 OS
(Ed. 4-14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named In the Schedule. (This agreement applies only to the
extent that you perform work under a written ccintract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately, segregating the remuneration of your employees while engaged In
the work described in the Schedule.
The additional premium for this endorsement shell be _2_u/, of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION WHEN SUCH
WAIVER IS REQUIRED BY A WRITTEN
CONTRACT THAT YOU HAVE AGREED TO
PRIOR TO LOSS
WC 04 03 06
(Ed. 4-84)
This endoraemcre chansai the policy to which it N almehed eti'ectNe on the dote issued unkm othtiu-w MWd.
(The leraetnallon below h refrained only when this eadnnerwst is homed wbsequent to preparation elite policy.)
C'wmfersilmel by
REVIEWED & APPROVED
By Risk MANAGEMENT DIVISION
J l N 1 2020
AN,l ACEVEdc
INSURED: infosend, Inc.
POLICY #: 36031 lac
CondlHons
POLICY PERIOD: W0112020 TO o2toi/2o2t
Duties In The Event Of
F. Knowledge of an occurrence or offense by an agent or employee of the insured will not
Occurrence, Offense,
constitute knowledge by the insured, unless an officer (whether or not an employee) of any
Claim Or Suit
insured or an officer's designee knows about such occurrence or offense.
(confined)
G. Failure of an agent or employee of the insured, other than an officer (whether or not an
employee) of any insured or an officer's designee, to notify us of an occurrence or offense
that such person knows about will not affect the insurance afforded to you.
H. If a claim or ions does not reasonably appear to Involve this insurance, but it later develops
into a claim or loss to which this insurance applies, the failure to report it to us will not
violate this condition, provided the insured gives us immediate notice as soon as the insured
is aware that this Insurance may apply to such claim or loss.
Legal Action Against Us No person or organization has a right under this insurance In:
• join us as a party or otherwise bring as into a suit seeking damages from an Insured; or
• sue us on this insurance unless all of the terms and conditions of this insurance have been
fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment
against an insured obtained after an actual:
• trial in a civil proceeding; or
• arbitration or other alternative dispute resolution proceeding;
but we will not be liable for damages that are not payable under the terms and conditions of this
insurance or that are in excess of the applicable Limits Of Insurance,
Other Insurance If other valid and collectible insurance is available to the Insured for loss we would otherwise
cover under this insurance, our obligations are limited as follows.
Primary Insurance
This insurance is primary except when the Excess Insurance provision described below applies.
If this Insurance is primary, our obligations are not affected unless any of the other insurance is also
primary. Then, we will share with all that other insurance by the method described in the Method of
Sharing provision described below.
Excess Insurance
This insurance is excess over any other insurance, whether primary, excess, contingent or on any
other basis:
A. that is Fire, Extended Coverage, Builder's Risk, Imlallation Risk or similar insurance for
your work;
B. that is insurance that applies to property damage to premises rented to you or temporarily
occupied by you with permission of the owner;
C. if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft,
Autos Or Watercraft exclusion);
Liability Insurance
d-01)
REVIEWED & APPROVED
By Risk MANAGEMENT DtvtsiON
Page 22 or 32
Acmdo
CH US B' General Liability
Conditlons
Other Insurance D. that is insurance:
(continued) 1. provided to you by any person or organization working under contract or agreement
for you; or
2, under which you are included as an insured; or
E. that is insurance under any Property section of this policy.
When this insurance Is excess, we will have no duty to defend the insured against any suitif any
other insurer has a duty to defend such itwured against such suit. if no other insurer defends, we
will undertake to do so, but we will be entitled to the ittsured's rights against all those other
insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of
loss, if any, that exceeds the sum of the total:
• amount that all other insurance would pay for loss in the absence of this insurance; and
• of all deductible and self -insured amounts under all other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this
Excess insurance provision and was not negotiated specifically to apply in excess of the Limits Of
Insurance shown in the Declarations of this insurance.
Method of Sharing
if all of the other insurance permits contribution by equal shares, we will follow this method also.
Under this method each insurer contributes equal amounts until it has paid its applicable limits of
insurance or none of the loss remains, whichever comes first.
if any of the other insurance does not permit contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is based on the ratio of its applicable limits of
insurance to the total applicable limits of insurance of all insurers.
Premium Audit We will compute all premiums for this insurance in accordance with our rules and rates.
In accordance with the Estimated Premiums section of the Premium Summary, premiums shown
with an asterisk (•) are estimated premiums and are subject to audit.
In addition to or in lieu of such designation in the Premium Summary, premiums may be designated
as estimated premiums elsewhere in this policy. In that case, these premiums will also be subject to
audit. and the second paragraph of the Estimated premiums section of the Premium Summary will
apply.
Separation Of insureds Except with respect to the Limits Of insurance, and any rights or duties specifically assigned in this
insurance to the first named insured, this insurance applies:
• as if each named kwured were the only named insured; and
• separately to each insured against whom claim is made or suit is br.mght.
REVIEWED & APPROVED
By Risk MANAGEMENT DivisiON
LAWRy lneursnca JU i N-Tj
ANgiE
(continued)
Transfer Or Waiver Of We will waive the right of recovery we would otherwise have had against another person or
Rights Of Recovery organization, for loss to which this insurance applies, provided the insured has waived their rights
Against Others of recovery against such person or organization In a contract or agreement that is executed before
such loss.
To the extent that the Insured's rights to recover all or part of any payment made under this
insurance have not been waived those rights arc transferred to us. The im'ured must do nothing
after loss to impair them. At our request, the Insured will bring suit or transfer those rights to us
and help us enforce them.
This condition does not apply to medical expenses.
REVIEWED & APPROVED
By Risk MANAGEMENT DiVisiON
iu%f020
ANCiiE ACEVEdO
LIMW Insurance
Fam Bb022WO (Pov. 4-01) Contract Page 24 of 32
Policy Conditions
Endorsement
Policy Period 04/01/2020
Effective Date 04/0112020
Policy Number 36031149
'to: 02/0112021
Insured InloSend, Inc.
Name of Company FEDERAL INSURANCE COMPANY
Date Issued
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This Endorsement applies to the following limns:
COMMON POLICY CONDITIONS
Ender Conditions. the following condition is added.
Conditions
Notice Of Cancellation When we cane this policy we wi ll notify penon(s) or nrganizations(s) shown in the Schedule at
To Scheduled Persons least 30 da t 10 days in the event ol'nonpnymenI oi' premium! in advance of the cancellation date.
Cancel zafionsifNhen
We Cancel ✓ Aar I'ailum by us to notilj such person(s) or nrganization(s) will not:
• impose anyIiahi lily or obligation ot'any kind upon us: or
• invalidate such cancellation.
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Schedule
Pcrsont s) or Orgunization(s ):
Address:
Person(s) or Organ ization(s I:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza, 4th floor
SANTA ANA, CA 92701-0000
REVIEWED & APPROVED
Address: By Risk i4MANAGEMENi DNisiQN
JUNiE2020
ANCiiE AcEVEdo
Policy Conditions Notice Of Cancellation To Scheduled Versons Or Organizations coMieued
Form 80-02-9780 (Ed. 3-11) Endorsement Page 1
Conditions
(continued)
All other terms and conditions remain unchanged.
Authorized Representative e
REVIEWED & APPROVED
By Risk MANAGEMENT DivisiON
JUN 12020
ANdE ACEVEdo
Policy Conditions Noaee Or Cancellation To Sche iled Persons Or Organizations last page
Form 89-02-9780 (Ed. 3-1f) Endorsamant page 2