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HomeMy WebLinkAbout20-19 Resolution No. 20-19 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INFOSEND, INC. FOR THE PRINTING, MAILING AND EMAILING OF WATER BILL STATEMENTS AND DELINQUENCY NOTICES BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Richard G. Kozal, City Manager,and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Infosend, Inc., for the printing,mailing and emailing of water bill statements and delinquency notices, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 26, 2020 Adopted: February 26, 2020 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is hereby made and entered into this 26th day of FcAo' , 2020, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and lnfosend, Inc., a California corporation (hereinafter referred to as "Infosend" or "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and Infosend shall provide the goods and/or services, at the price rates described by Attachment A, attached hereto and made a part hereof. 2. LAW/VENUE. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Infosend hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and lnfosend agrees that service by first class U.S. mail to Infosend c/o Mahmood Rezai, 1406 Centre Circle, Downers Grove, Illinois, 60515 shall constitute effective service. Both parties hereto waive any rights to a jury. 3. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 4. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 5. INTEREST. Infosend hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 6. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this agreement shall remain in full force and effect. 7. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the.performance of this agreement, lnfosend shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Infosend hereby certifies, represents and warrants to the City that all of Infosend's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Infosend shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of Infosend to determine Infosend's compliance with the provisions of this section. In the event the City proceeds with such an audit, Infosend shall make available to the City Infosend's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 8. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e- mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 9. CONFLICT. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement shall control. 10. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 11. DURATION. lnfosend shall commence the performance of this agreement upon receipt of a fully executed agreement from the City. The agreement shall expire December 31, 2021, with the City having two (2) one-year options to renew at the times provided,for herein. 12. TERMINATION. The following shall constitute events of default under this agreement: a) any material misrepresentation made by Infosend to the City, b) any failure by Infosend to perform any of its obligations under this agreement including, but not limited to, the following: (i) failure to commence performance of this agreement at the time specified in this agreement due to a reason or circumstance within Infosend's reasonable control, (ii) failure to perform this agreement with sufficient personnel and equipment or with sufficient material to ensure the completion of this agreement within the specified time due to a reason or circumstance within Infosend's reasonable control, (iii) failure to perform this agreement in a manner reasonably satisfactory to the City, (iv) failure to promptly re-perform within reasonable • 2 time the services that were rejected by the City as erroneous or unsatisfactory, (v) failure to comply with a material term of this agreement, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in this agreement as constituting a basis for termination for cause. The City may terminate this agreement for its convenience upon thirty (30) days prior written notice to lnfosend without penalty. In the event this agreement is so terminated lnfosend shall be paid for goods provided and/or services actually performed, and reimbursable expenses actually incurred as may be specifically provided for herein prior to such termination, except that such payment and/or reimbursement shall not in any event exceed the total amount set forth for the total contemplated payment provided for herein for provided goods and/or services. Additionally, in the event this agreement is so terminated, Infosend shall immediately cease the expenditure of any funds paid to lnfosend by the City and shall refund to the City any unearned or unexpended funds. 13. AFFIRMATIVE ACTION. Infosend will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. Infosend will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. lnfosend will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. lnfosend agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code. 1976, is hereby incorporated by reference, as if set out verbatim. 14. INDEMNIFICATION. To the fullest extent permitted by law, Infosend agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Infosend or lnfosend's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 15. APPROPRIATIONS. The fiscal year of the City is the 12 month period ending December 31. The obligations of the City under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the agreement, sufficient funds for the discharge of the City's obligations under the contract are not appropriated and authorized, then the agreement shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the City for damages, penalties or other charges on account of such termination. n 3 16. PUBLICITY. Infosend may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the City. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first written above. INFOSEND, INC. CITY OF ELGIN Ro (O vtot W e t I �/ �`r_ Print Name Ric and . Koza , ity .nage Attest:kg/ h6/"..-En Signature City Cler axe PVectc.s/Xi+ Title F:\Lceal Dept\Agreement\Infosend Inc Agr-Water Bill Serviccs-l-27-20.docx 4 ATTACHMENT A PROPOSED COSTS FOR PRINTING & MAILING SERVICES FOR WATER BILL STATEMENTS 1. Printing Services - $ $0.0438 Per Thousand 2. Scanning Services - $ $0.005* Per CD 3. Insertion & Mailing Services - $ Included Per Thousand 4. Warehousing Services (if applicable)$ Included Per Thousand STOCK (200,000) 5. Statement Stock $ $0.018 Per Thousand 6. Mailing Envelope $ $0.0165 Per Thousand 7. Return Mailing Envelope $ $0.015 Per Thousand PER ITEM COST (Based upon above information) 8. Cost(ready to mail) $ $0.0933 Per Item 9. Anticipated Mailing.Cost $ $0.38 Per Item 10. Emailing Cost (if provided) $ $0.09 Per Item 11. Additional Insertions I additional insertion $ $0.005 Per Item 2 additional insertions $ $0.005 Per Additional Item PROGRAMMING COST 12. Cost to make changes to bill layout $ Included** Per hour OR 13. Cost to make changes to bill layout $ Included** Per change **One bill redesign included during the next contract period. Additional changes $175.00/hour 14. List any other miscellaneous service or handling fees below. *$0.005 "Scanning Services" included as 3 months storage in InfoSend's "Print Image Archive" available online with free API access made available that enables paperless integrations with CIS/billing systems as well as online payment providers. Optional NCOA address updates billed at $0.30 per "hit". Excess page handwork surcharge per mail piece $0.35 plus outgoing flat envelope $0.17. If portal is required for email address collection there would be a $599.00 one time implementation fee and $20.00 monthly maintenance fee. If email only service will suffice there will be no one time fee a program is already implemented. Proposer Name: I of oScnd Inc. PROPOSED COSTS FOR PRINTING & MAILING SERVICES FOR SHUT OFF WATER NOTICES The City of Elgin also produces shut off water notices on the IS`. 10th and 20`h of the month. Approximately 1,000 notices are mailed each billing date. The notices are printed on 81/2" x 11" paper and have a return envelope mailed with each notice. The notice will have a perforation placed 3" from the bottom of the form and run the full width of the form. Samples of the form are attached. Shut off water statement will consist of 2 colors, red and black. Envelope stock will have the same specifications as the water bill statement. 1. Printing Services - $ $0.0468 Per Thousand 2. Insertion & Mailing Services - $ Included Per Thousand 3. Warehousing Services (if applicable) $ Included Per Thousand STOCK 4. Notice Stock $ $0.018 Per Thousand 5. Mailing Envelope $ $0.0165 Per Thousand 6. Return Mailing Envelope $ $0.015 Per Thousand PER ITEM COST (Based upon above information) 7. Cost (ready to mail) $ $0.0963 Per Item 8. Anticipated Mailing Cost $ $0.38 Per Item 9. Emailing Cost (if provided) $ $0.09 Per Item 10. List any other miscellaneous service or handling fees below. Optional NCOA address updates billed at $0.30 per "hit" Excess pages handwork surcharge per mail piece $0.35 plus outgoing flat envelope $0.17. Proposer Name: InfoSend Inc. • InfoSend Data Processing, Print and Mail Pricing Document Production Water Bill t` ' - .$0.0933:perdoctiment,' ` Y ,, _One Page with Return,Envelope • .. ,_ _—;.•. Shut.OffrNotice = • �,`. $0!0963;per;document• ,, .� 'OneiPage.Gvithy'Return•Envelope 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. • • CEOs Processing Setup Fee-Express PDF Input Files Waived Setup Fee—Data Only Input Files Waived Document Re-Design Fee Waived ,..DatayProcessing;Fee(per document) $0.01 Printing azd D� - 'Water.Biiis:P.ririt'Fee:PerPagewith211 tnk • s0:0338 .. Shut of.Notices'F.ee perpage.with:2/1 Jnk _ $&0368 USPS'Po_stage • Pass-through •„ Aipostage;;deposit will'be required'pnor to starting-tseivide1. Print Color Options for Water Bills(colors per side) $0.0368 for 3/1,3/2 or 3/3 printing $0.0398 for 4/0 or 4/1 printing Batch Fee(per mailing batch under 200 mail pieces) $5.00 Excess Pages Handwork Surcharge(per mail piece) $0.35 Address Updates $0.30 NCOA grttOCEQD Standard.Paper-Stock'(per`sheet)- • i'_ $0:018 Standard Outgoing#10,Envelope•r • StandaidtRetum#9,Envelope: ▪ $• 0.015 .t F Outgoing Flat Envelope—used for mail pieces with excess pages $0.17 InfoSend Produced Quoted based on specification Envelope Messaging(Snipes) Quoted based on specification Electronic Inserts NA Drop Shipped Inserts $0.005 per insert Optional Document Print Image Archiving(Per Document Image),with included USPS mail 50.005-For 3 Months of Retention tracking 50.008-For 6 Months of Retention S0.013-For 12 Months of Retention S0.02-For 24 Months of Retention Professional Services Rate(per hour) $175 Returned Mail Handling $0.35 per reported retumed mail piece Remit Tracking $100 monthly support fee Fee Explanations Data Processing • Setup Fee-Express PDF Input:requires a final composed PDF is uploaded to InfoSend for processing.Clients maintain control of document look and feel,but InfoSend designs a program to parse the necessary data from the PDF. • Setup Fee - Data Only Input: requires the client provide a flat data extract, InfoSend creates, hosts and maintains an application to generate documents.Existing document design is copied. • Document Re-Design Fee: using the"Data Only Input"method.InfoSend's Client Services Team assists in redesigning the format of printed documents to improve communications or to take advantage of new printing capabilities. • Data Processing Fee:per document image that is processed by the InfoSend system for output. Printing and Mailing Service • Print Fee:price includes black plus blue,green or red duplex printing of variable data and form elements on the front and back of the page onto white form with a perforation. • Postage:clients are invoiced for the exact postage used.Leveraging InfoSend's USPS compliance and expertise,clients are provided the lowest possible USPS automated rates when client batches qualify. • Optional Color Upgrades:Different options are available at different prices.Numbers fewer than 4 equal individual colors, 4 equals full color.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). • Batch Fee:assessed to cover InfoSend costs when batches transferred to InfoSend.fall below threshold. • Inline Insert Print Fee: price for inserts printed on demand as additional pages. Allows for more dynamic customer messaging without the extra pre-production lead time and overhead. • Excess Pages Handwork Surcharge: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 a#10 envelope by machine.This surcharge covers the necessary manual labor required to process these mail pieces. • Address Updates—NCOALink or ACS:per reported update.InfoSend electronically reports the addresses it received in your data that need to be updated because the customer filed a Change of Address Report with the USPS. Cost is per update. • Postcard Printing:price includes duplex printing of variable data and static elements on the front and back of the postcard stock.The paper stock price is listed separately below. • Postcard Color Upgrades:same as above,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 i K(full color). Materials • Paper Stock:white paper stock with or without perforation.Paper is 8.5x11"and 241b.Price includes all inventory costs.A larger 8.5x14"format is available at a higher material cost and higher printing cost. • Outgoing#10 Envelope:#10 InfoSend Standard Double Window Outgoing Envelope.Includes security tint printed on the inside of the paper stock and clear film that prevent the contents of the envelope from being viewed. Sourced with sustainably logged paper(SFI). • Return#9 Envelope:#9 InfoSend Standard Single Window Retum Envelope.Includes the same security tint and SF1 paper as the#10. • Outgoing Flat Envelope: single window envelope, only used for multiple page statements that do not fit in the #10 envelope. • Postcard Stock and Upgrade Options: InfoSend standard white postcard stock. Exact thickness is subject to change based on compatibility with equipment,however approximate range is 9-10 point.We can UV coat one side of the postcard to protect it during USPS mail processing. Insert Services • InfoSend Produced Inserts:utilizing InfoSend printing and/or design services,inserts can be produced by InfoSend.Price quoted on request. • Envelope Messaging (Snipes): custom messages and images can be printed onto the standard InfoSend#10 double window envelope as a more cost-effective alternative to pre-manufactured custom envelopes. The price depends on the artwork—number of colors and whether it prints on one or both sides of the envelope,as well as order quantity. Price is quoted upon request. • Electronic Inserts:fee per digital image of a physically produced insert included in the PDF copy of a document.Ensures that client representatives and client customers can get the same information in the electronic bill as would go out physically. • Drop Shipped Inserts:clients can print and fold inserts and ship them to InfoSend to be included with InfoSend produced mail.Additional fee applies if insert arrives at InfoSend but requires folding prior to insertion. Setup fees may apply for programming selective inserting.InfoSend-printed inserts are quoted upon request. Optional Document Services • Enhanced Print Quality:the baseline print image quality for transactional documents such as statements and invoices is 600 x 600 DPI.Work produced from InfoSend's Anaheim facility can be printed at an enhanced image quality at an additional cost. This option uses high definition pigment ink&variable drop sizes to achieve a perceived 1200 x 1200 DPI image quality. • Print Image Archiving:fee per document to process,index,and store a document as a PDF for a set number of months. PDFs are securely accessed using an InfoSend website application,and includes USPS mail tracking for all outbound First Class mailed documents.Third party applications can also access the PDFs via a lightweight API with no cost.Setup fees may apply depending on configuration needs. • Final Doc Transfer FTP:each completed InfoSend batch is indexed and transferred to you via FTP or SFTP to store on your own network.InfoSend's standard Batch File format is one PDF per batch with an XML companion fileproviding meta data and page numbers.If the client requires a custom scheme,including individual PDFs per each image in a batch,the Custom fee applies.Note:setup fees may also apply for some custom setups. • Professional Services Fee: per hour and performed only upon request for customizations made to processing program or document format after go-live.Work is only started after receiving client approval of a format quote. • Returned Mail Handling: InfoSend will provide electronic reporting of mail that is returned by USPS, saving clients the hassle of receiving and opening returned mail to update records. All records which are not delivered will be securely destroyed and recycled after reporting. • Remit Tracking:for clients utilizing the Print Image Archiving service,InfoSend can also track inbound mail from customers utilizing an included remittance stub in the outbound mail.With Remit Tracking clients will be able to see when a customer responded to the original mail piece, as well as get a daily report of inbound mail with an estimated value of payment remittances based on the outbound mail. InfoSend Electronic Payments and Presentment Pricing B.asic:Emaiil Fee'per;Documenf :$0:09 in• One Time~;.Setup; ifti:Portal °is $599:00 , Required {to;_ Collect email, °� .; Addresses Y„ Monthly=Portal'Maintenances;if $20:00 ; '1'2; Required' ' ^� '. able Volume Assumptions Customers Contacted or Billed Monthly -Printed 33.000 Water Bills 1,000 Notices Number of Batches Monthly 3 or 4