HomeMy WebLinkAbout2020-07-21; City Council; Resolution 2020-147Exhibit 1
RESOLUTION NO. 2020-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR A DESIGNEE, TO ENTER
INTO AN AGREEMENT WITH INFOSEND, INC. FOR UTILITY BILL PRINT AND
MAIL SERVICES IN AN AMOUNT NOT TO EXCEED $480,000 FOR AN INITIAL
THREE-YEAR TERM AND NOT TO EXCEED $170,000 PER AGREEMENT YEAR
FOR OPTIONAL TERM EXTENSIONS
WHEREAS, on behalf of itself and the Carlsbad Municipal Water District, the City of Carlsbad has
over 31,000 customers that it bills for potable and recycled water, wastewater, and solid waste (trash)
services on a monthly basis.
WHEREAS, the City of Carlsbad currently performs the bill printing in-house and utilizes the
County of San Diego to mail the bills; and
WHEREAS, InfoSend, Inc, was awarded a contract with a neighboring water district for bill print
and mail services following a competitive request for proposal process that included cooperative
purchasing agreement language: and
WHEREAS, InfoSend, Inc. has provided a proposal with pricing per the City of Encinitas/San
Dieguito Water District Request for Proposals Design, Print, and Mail Services (SDWD RFP 18-01)
indicating it would cost approximately $160,000 annually for InfoSend, Inc. to print and mail the City
of Carlsbad's utility bills; and
WHEREAS, under the cooperative purchasing provisions in Carlsbad Municipal Code Section
3.28.100, the Purchasing Officer has the authority to join with other public agencies for the purchase
of goods or services when it is in the best interest of the city; and
WHEREAS, the Purchasing Officer has reviewed the proposal from InfoSend, Inc. and agrees
utilizing the cooperative purchase agreement pricing to procure print and mail services from InfoSend,
Inc. is in the best interest of the city; and
WHEREAS, the funding to procure InfoSend's services is available in the finance department's
fiscal year 2020-21 operating budget; and
WHEREAS, the funding to procure InfoSend's services in future years will be considered on an
annual basis in the finance department's annual budget requests.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
July 21, 2020 Item #1 Page 3 of 23
1. That the above recitations are true and correct.
2. That the City Manager, or a designee, is authorized to enter into an agreement with
InfoSend, Inc. (Attachment A) and to execute any required purchasing documents on
behalf of the city.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of July, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
L-Q\AArrYlbeMa
BARBARA ENGLESON :
(SEAL)
July 21, 2020 Item #1 Page 4 of 23
MASTER SERVICE AGREEMENT FOR UTILITY BILL PRINT AND MAIL SERVICES
INFOSEND, INC.
THIS AGREEMENT is made and entered into as of the 21 8L day of
, 20 , by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and InfoSend Inc., ("Contractor").
RECITALS
A. City requires the professional services of a company that is experienced in data
processing print and mail services.
B. Contractor has the necessary experience in providing professional services and
advice related to data processing print and mail services.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of three (3) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional two (2)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not
exceed One Hundred Sixty Thousand dollars ($160,000), per Agreement year. Fees will be
charged in accordance with amounts set forth in Exhibit "B" and "C" which are incorporated by
this reference in accordance with this Agreement's terms and conditions. No other compensation
for the Services will be allowed except for items covered by subsequent amendments to this
Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred
seventy thousand dollars ($170,000) per Agreement year. The City reserves the right to withhold
a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A".
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Incremental payments, if applicable, should be made as outlined in attached Exhibits "A," "B," and
"C."
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
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insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
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the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Cheryl Gerhardt Name Russ Rezai
Title Finance Manager Title President
Department Finance Address 4240 East La Palma Avenue
City of Carlsbad
Address 1635 Faraday Ave.
Carlsbad, CA 92008
Anaheim, CA 92087
Phone No. 800-955-9330
Email Russ.r@infosend.com
Phone No. 760-602-2468
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes Fl No I-1
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
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under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By: BY: -rigtii?"
usq-Rezai, President Matt Hall, Mayor
ATTEST:
By:
---M1-00-1DeA(7arA&O
BARBARA ENGLESON
City Clerk
Mahmood Rezai, CEO
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a conooration, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: aZ
Ass+stantWAttorney
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Ovoivij&
On 13,1/72,0 before me, GeAol 11\1010 6 v/
(insert name and title of the officer)
personally appeared Russ IZ.6 ,11
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
SignaturefiAi gli4A44,1 (Seal)
LENA MARIE MARTINEZ
Notary Public - California
Orange County
Commission # 2245539
My Comm. Expires Jun 10, 2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of °milt,
On "Swly '2A-2/0 before me, 1/c110 him m K-1-i Ne-ary Pu
(insert name and title of the officer)
personally appeared M allptia04
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. LENA MARIE MARTINEZ
Notary Public - California
Orange County
Commission # 2245539
My Comm. Expires Jun 10, 2022
Signaturekm fhwor:/- 7Mocia/t-A,--ioe (Seal)
Exhibit A - Scope of InfoSend 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 InfoSend, Inc. ("InfoSend") and City of Carlsbad ("Client"). This Exhibit A provides the Services which InfoSend shall deliver
to Client to permit 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 InfoSend'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.
X Data Processing, Printing and Mailing Service ("DPPM Service"): During the term of this Agreement, InfoSend 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.
El eBusiness Services (the "eBusiness Services"): During the term of this Agreement InfoSend 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 Description
A. Data Transfer and Processing
LI Client to transmit data to InfoSend 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.
C7 Client will monitor transfer confirmation emails to ensure InfoSend is in receipt of the data. Client acknowledges that
InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client.
CI 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.
Cl 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".
CI 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 for qualified client mail pieces
o Stay current with all USPS regulations required to mail presorted first-class mail
El InfoSend will optionally provide proofs of the final print-ready PDF files to Client to be reviewed and approved before printing
begins (if requested).
B. Document Printing and Mailing
Cl Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms.
El 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.
Ill 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.
Section 2. eBusiness Service Description
A. General System Description
El Mobile-Ready Customer Engagement: all products are mobile compatible out of the box, with no app store downloads
required of customers. Powered by InfoSend's CCM platform, customer specific messaging and payment reminders are
delivered electronically.
0 Multi-Channel Payment Collection: InfoSend's payment platform will consolidate web, telephone, SMS, CSR, in-person EMV
and bank payments into a single lockbox file.
InfoSend Exhibits to MSA
Rev. 2.11.2020
• 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.
E 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 InfoSend-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.
O Bank Payments (MasterCard RPPS): InfoSend can collect payments made via the customer bank and include them within the
lockbox file.
CI PCI-Compliant Cloud Based Solution: electronic billing and payment related products hosted in the cloud by InfoSend in a
secure PCI-Level 1 compliant environment.
B. Data Transfer and Processing
E Client to transmit data to InfoSend in an agreed upon format, using the Data Transfer and Processing workflow described in
Section 1.
O Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a
confirmation receipt to Client.
E If the Client is not using InfoSend's DPPM Service, USPS address workflow will not be applied.
E 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.
E For enrolled customers, system will send a notification of the new bill available via email.
For enrolled customers who have opted in, system will send an SMS alert.
E For customers using the IVR system, bill information will be dictated by text to voice.
LI For customers paying via Bank BillPay, the account number can be validated by the system prior to accepting payment.
fl The system may optionally be configured to display a PDF replica of the bill image.
D. Customer Payment and Reporting
O Customers can make payment via Web, SMS, IVR or Bank BillPay, depending on channels which Client has requested InfoSend
setup.
LI 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.
Exhibit B - InfoSend Fees
InfoSend Exhibits to MSA
Rev. 2.11.2020
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. ("InfoSend") and City of Carlsbad ("Client"). This Exhibit B provides the Fees which InfoSend shall bill to Client
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 InfoSend Fees
InfoSend Fees 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 InfoSend Fees on a yearly basis (starting with the first anniversary of the
Agreement date). The Client 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.
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 thirty (30)
days prior to such price increase.
InfoSend pricing is predicated on Client representations of Client and Client User transactional usage. Should Client's actual continuous
volume and/or recurring frequency deviate by more than thirty percent (30%) from what Client has represented to InfoSend in Section
2 below, then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this rare situation arise then InfoSend
will notify Client immediately and negotiate with Client in good faith to pass on any increased costs to Client, in line with actual Client
and Client User transactional usage. As defined in Section 5.2(iv) of the Agreement, should InfoSend and Client fail to agree upon
updated Fees, InfoSend reserves the right to terminate this Agreement with one hundred eighty (180) days' notice.
Section 2. Client Representations
Customers Contacted or Billed Monthly
40,000 - Printed
Section 3. DPPM Fees:
InfoSend Data Processing, Print and Mail Pricing
Utility Bills printed 2/1
One Page with Return Envelope
$0.121 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 3:00PM 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.
r.
Setup Fee - Express PDF Input Files $0.00 WAIVED
Setup Fee — Data Only Input Files $0.00 WAIVED
Document Re-Design Fee $0.00 WAIVED
InfoSend Exhibits to MSA
Rev. 2.11.2020
The individu
following do
e table below apply only to InfoSend's stand
r types of document printing and or mailing
Options
Below:
Per Item Primary Services Data Processing Print & Mail
service
Price is per physical page.
Includes processing of your
unique data, CASS address
validation, presorting, printing,
and mail insertion. 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
3:00PM local time at the
production facility designated
for your account. If samples are
required then they must be
approved by 5:30PM for the file
to be mailed by the next
business day.
All Utility Bills and Notices (Per Sheet)
Est. Volume 40,000 documents/month
Multiple Batches/month
The number 1 means black or grey.
All sheets are billed at the same rate; the price for the sheet with the
highest number of colors is the applicable fee.
4 equals CM K (full color).
1/0 or 1/1 Printing
2/1 or 2/2 Printing
3/1, 3/2 or 3/3 Printing
4/0 or 4/1 Printing
4/4 Printing
$0.074
$0.074
$0.079
$0.084
$0.089
Pricing assumes the use of materials options listed in the materials
section.
Excludes materials, sales tax
(where applicable), and
postage.
A postage deposit will be
required prior to go live.
For the quoted prices to apply
InfoSend must have the right to
combine data files sent by your
organization with other files
you have sent, when possible.
Inline Inserts (Per Sheet)
Price for inserts printed on demand as additional pages. Overages
not necessary for lnline Insert printing.
Material pricing on following page.
Pricing depends on color setup for printing as outlined above.
Multiple Page Mail Piece Surcharge — Handwork
This surcharge is assessed per mail piece (not per page). This
surcharge only applies to multiple page bills that have too many
pages to be inserted into the #10 envelope by machine. This
surcharge covers the necessary manual labor required to process
these mail pieces.
Subtract
$0.02 from
color tier
above.
$0.35
InfoSend Exhibits to MSA
Rev. 2.11.2020
Higher pricing applies if files
must be printed separately.
Postage (for all job types) Pass Through
You will be invoiced for the exact postage used. You must use one
of the two USPS approved Move Update methods to qualify for
presort discounts.
Electronic Address Updates — NCOALink or ACS
InfoSend electronically reports the addresses that have changed
due to customers filing a Change of Address with the USPS. Cost
is per reported update.
$0.35
..,,
co 1.-. CI) .1.,
g
Statement, Invoice, or Letter Paper Stock
All Documents: white paper stock with or without perforation. Paper is 8.5x11" and
241b. Price includes all inventory costs. The larger 8.5x14" format is supported at a
higher material cost and higher printing cost.
All of your content will be digitally printed on the plain white paper in black, black plus
one color, or full color per the printing option from the prior table that you select
before implementation.
Per Sheet $0.015
InfoSend Standard Window Envelopes
Standard Window Envelopes
These envelopes include security tint printed on the
inside of the paper stock and clear film that prevent
the contents of the envelope from being viewed.
These envelopes also use sustainably logged paper
(SF!).
Per Standard Envelope Options
Below:
#10 InfoSend Standard
Double Window Outgoing Envelope
$0.017
#9 InfoSend Standard
Single Window Return Envelope
$0.015
Other Envelopes
Flat Single Window Envelope — only used for multiple page statements that do not
fit in the #10 envelope.
Per Flat
Envelope
$0.17
InfoSend Exhibits to MSA
Rev. 2.11.2020
Pricing: Turnkey Data Processing Print & Mail Service
Optional Services
Inserting Fee - Drop-Shipped Inserts & InfoSend-Printed Offline Inserts
Clients can print and fold inserts and ship them to InfoSend to be mailed with the
statements. If folding is required add $0.01 to the fee. InfoSend-printed inserts are quoted
upon request. There is no additional service cost to use selective inserting that selectively
includes inserts with certain bill types as long as a minimum of 3,000 customers are
targeted (set-up costs can apply in some situations for advanced selective inserting
criteria). Cost includes all inventory costs.
Per Insert $0.01
Print Messages on the Outside of the Standard Envelope Custom messages and images
can be printed onto the standard InfoSend #10 double window envelope. This type of
printing is referred to as "sniping" and usually used to print temporary content on one or
two months' worth of envelope stock. It is more cost effective to digitally inkjet print this
content onto pre-manufactured envelopes than to order truly custom stock that was
manufactured specifically for you. Price depends on the artwork you'd like to print —
number of colors and whether it prints on one or both sides of the envelope. Price is
quoted upon request.
Per
Envelope
TBD
Print Image Archive
Each bill is stored as a PDF and indexed in a database where you may search by account
number or other key fields. You are charged one up-front fee per document to process,
index, and store it for a set number of months. The PDFs are accessed by using a browser-
based application and logging in to the InfoSend website. Third party applications can also
access the PDFs via a lightweight API with no cost increase to the unit fees. Setup fees may
apply depending on your configuration needs.
This service includes outbound mail tracking at no additional cost. You can view USPS-
provided mail tracking data from the same interface that you use to view PDFs of the
printed bills. Only available with mail sent using First-Class Postage.
24 Months of
Per PDF
(No Set-up
Fee)
$0.017 - For
$0.024 - For
36 Months of
$0.01 - For
12 Months of
Retention
Retention
Retention
Electronic Inserts
PDF copies of your physical inserts can be included in the Print Image Archive at an
additional cost. This will let your team see exactly which inserts were delivered with each
mail piece. This will also allow you to include the inserts in the eBill PDFs that are presented
and/or emailed to customers if you use an InfoSend eBusiness service that delivers eBills to
your customers or if you use a third party application that pulls the PDFs from InfoSend's
Print Image Archive API to present to your customers.
Per Insert
(No Set-up
Fee)
$0.01
Professional Services
Per hour and performed only upon request. For customizations made to document
processing program or document format after go-live. Work is only started after receiving
your approval of a formal quote.
Per Hour $175.00
InfoSend Exhibits to MSA
Rev. 2.11.2020
Section 3.1. Custom Forms/Envelopes
If Client has selected the Printing and Mailing Service and at any time requests that InfoSend Fees include the cost of custom Client-
specific materials (either in this Agreement or since its execution), then Client understands and accepts 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
materials (normally forms or envelopes) if Client stops using InfoSend's Service for any reason. 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.
Section 3.2. 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 InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or
materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail.
Section 3.3. Postage Deposit
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 Client's payment terms. InfoSend requires Client to submit a postage deposit prior to the first mailing to facilitate
the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination
Client must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be
refunded within fifteen (15) days of the date that the last open invoice is paid.
The postage deposit is subject to an annual review and may be adjusted to account for changes to Client average mailing volume or
changes to USPS postage rates. There will be no more than one adjustment requested per year, if at all.
The postage deposit amount is calculated by multiplying the estimated number of mail pieces per month by the current 5-Digit pre-
sorted first class postage rate. The postage deposit amount due for your account is:
40,000 mail pieces per month x $0.389 = $15,560
InfoSend Exhibits to MSA
Rev. 2.11.2020
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. ("InfoSend") and City of Carlsbad ("Client"). This Exhibit C provides InfoSend's Professional Services Fees
which InfoSend shall bill to Client 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 InfoSend Professional Services Fees
InfoSend Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of providing
these services. InfoSend reserves the right to increase Professional Services Fees on an annual basis, starting with the first anniversary
of the Agreement date, if needed. The Client 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
InfoSend Professional Services are the technical services that are required to perform the initial setup of the InfoSend 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 Client requests a change or makes
changes to its data file format or business rules which necessitates a change to InfoSend's system configuration or programming.
Examples of InfoSend Professional Services:
111 Project requirements gathering and analysis hours
LI Project management and/or consulting hours
IA Software development and system configuration hours related to the processing of Client's data
IA Software development and system configuration hours related to document design, web portal setup, business rule
configuration, or any other applicable technical services
LI Application testing and deployment hours
Section 3. Professional Services Fee and Process for Approval and Payment of Fee
The current Professional Services Fee is $175.00 per hour. In the event that a project will incur billable Professional Services hours,
Client will be informed before work begins. InfoSend and Client will execute a Statement of Work for the project that Client wants
InfoSend 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 InfoSend 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 Client accepts and executes a Programming Quote for this work.
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, InfoSend will provide one of the following quotation methods:
0 Fixed Quote — a fixed project cost will be set. InfoSend may elect to waive this cost in some circumstances. Client 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 Client to pay for these changes on a Time and Materials basis. Client 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 Client's requested
project, then InfoSend 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 Client will be
invoiced weekly for the hours spent on the project.
Section 4. Initial Setup Cost: InfoSend Primary Services
The Initial Setup cost for the InfoSend 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. Client 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 Client's specific requirements and
data types.
InfoSend Exhibits to MSA
Rev. 2.11.2020