HomeMy WebLinkAbout2008-122Indian River County , Florida
SERVICE AGREEMENT
For Utility Billing Services
This Service Agreement for Utility Billing Services ("Agreement") is entered into this
6th day of May, 2008 "(Effective Date"I by and between the Indian River County,
Florida, ("County"); and Advanced Xerographics Imaging Systems (AXIS), Inc., 6851 TPC
Drive, Orlando, Florida, 32822 ("Contractor').
BACKGROUND RECITALS
A. On March 5, 2008, the County issued a Request for Proposals for utility billing
services, setting forth a response date of March 28, 2008.
B. Pursuant to the Request for Proposals, the County's duly -constituted Contractor
Selection Committee received proposals and ranked the firms that responded to the
Request for Proposals based on the evaluative criteria set forth in the Request for
Proposals.
C. The Contractor was the highest ranked respondent to the Request for Proposals
and on April 15, 2008, the County approved the Contractor Selection Committee
recommendation to hire Contractor to provide the utility billing services set forth in
the Request for Proposals and this Agreement.
D. Contractor is willing and able to perform the services as set forth in this Agreement
on the terms and conditions set forth below.
E. The County and the Contractor wish to enter into this Agreement for the utility billing
services as set forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the
parties hereby agree as follows:
1. Scope of Service. Contractor shall furnish all labor, materials, equipment, facilities,
and services to provide CASS certification, laser printing, and mailing services to the
County (collectively, the "Services") , in accordance with General Processing Assumptions
set forth in paragraph 2 below, for the prices listed below:
Item Description UNIT UNIT COST
1.1. Non-recurring fees
Initial development, data programming,
data layout, form design, and envelope
design Sum $ 0.00
Additional customer requested data UNIT UNIT COST
programming or set-up charges per/hr $ 75.00
1.2. Statement Materials/Processing Charges
Statements Each $.0214
Postal Optimization Each $.03632
Forms Each $.02094
Outgoing Envelopes Each $.02142
Return Envelopes Each $.01948
Total Materials /Processing Cost Each $.12094
1.3. Optional Charges
Additional pages for inserts Each $.01000
Variable highlight laser printing Each $.00500
CD/DVD Archival Each $.01500
2. Performance. Performance of Services under this Agreement shall be in accordance
with the Contractors RFP response, dated March 28, 2008, and General Processing
Assumptions as detailed in this paragraph 2 below:
2.1. Contractor shall handle the laser printing and mailing of the County's utility bills. The
volume is approximately 43.000 per month.
2.2. Contractor will receive data for the utility bills from the County five (5)
times per month. The County will supply a monthly schedule one week prior to the
beginning of the first billing cycle of each month. The County reserves the right to
change the billing date and/or the number of billing cycles, as necessary.
2.3 Contractor will receive data via ASCII file in zip file format transmitted via FTP
transmission. A record layout will be supplied by the County. All data will be supplied in
separate fields and the County shall compress the file using compression software.
2.4. Contractor shall simplex (one side) laser print the data on 1/1 color pre-printed 8.5"
x 11 ", 24# bond white paper. The paper shall have a horizontal perforation and shall
be "long -grain". The Contractor shall provide the paper.
2.5. Contractor shall fold and insert the utility bill(s) into a #10 white, single window
envelope. The Contractor shall insert a #9 white courtesy reply envelope (CRE) for utility
bills requiring a mailed remittance. Utility bills that are designed for ACH payments will not
require the #9 CRE. Both the#10 and #9 envelope will be pre-printed on the front in blue
ink and shall be supplied by the Contractor.
2.6. Contractor shall set up the Utility Bill form and program to include scan lines for
multiple page matching (intelligent inserting). The County will provide the matching
criteria for the multiple page programming.
2.7. There may be periodic requests by the County for inserts to be mailed with the
utility bills. The County shall supply the inserts to the Contractor at least one week prior
to the mailing. The County will provide clear instructions with the insert detailing which
print run (cycle) requires the insert. All inserts supplied must be within the
specifications supplied by the Contractor to meet the machine requirements for
automated inserting.
2.8. At no additional cost to the County, the Contractor is required to perform special
programming on the data that the County supplies. Some of the programming that is
required is:
(1) Process the files for CASS certification (delivery point barcode).
(2) Contractor creation of a "keyline" that will appear above the name and address
block for quality control purposes.
(3) Three (3) of nine (9) barcode for return payment processing (if
applicable).
2.9 Contractor shall supply all printouts to the postal service to document the
postage discounts where applicable (e.g. zip distribution reports, CASS
certifications, and pre-sort summary reports).
2.10. The County will pre -pay one (1) month of estimated postage to the Contractor
prior to the first of each month, commencing June 23, 2008 and Contractor shall provide
an actual postage report to the County for each billing run with each monthly invoice.
2.11. Each job will be sorted and bundled to the lowest qualifying First Class rate for
postal discounts (USPS CASS certified). NCOA and "MOVE UPDATE"
requirements are the responsibility of the County.
2.12. Contractor will develop operation documents for printing as well as inserting
and mailing; define procedures for quality control; and develop all the automated
controls that will be necessary to accurately process the data files when they are
received by the Contractor.
2.13. Any "no -mail" notices, accounts with "bad" addresses or unused inserts set forth
below will be delivered back to the County at no extra charge.
2.14. The County and the Contractor agree that any special services that the County
requires from the Contractor, after initial set up, shall be charged to the County at
the rates set forth on Exhibit A attached hereto and incorporated herein by this
reference.
3. Payment. Proper Invoices, dated no later than the 10'h day of each month during
the Initial Term and the renewal term, commencing August, 2008, shall be submitted to
t
the County's Project Manager in detail sufficient for proper prepayment and post payment
audit. All payments for Services shall be made to the Contractor by the County in
accordance with the Local Government Prompt Payment Act (2006), Florida Statutes
Section 218.70 et seq. The Contractor shall be paid within forty-five (45) calendar days
after receipt of a proper invoice from the Contractor and acceptance of the Services
by the County, less any deductions or assessments as set forth herein.
4. Term: Renewal of Agreement. The initial term of this Agreement is July 1, 2008
through May 31, 2010, subject to early termination as set forth in this Agreement ("Initial
Term") This Agreement may be renewed for one (1) additional three (3) year term
("Renewal Term"), at the same rate(s), by mutual agreement of both parties, subject to
early termination as set forth in this Agreement.
5. Terms and Conditions•
5.1. Delivery and Acceptance. Receipt of Services shall not constitute
acceptance. Final acceptance and authorization of payment shall be given only after
thorough inspection indicates that the Services delivered meet the specifications, terms
and conditions. Should the Services differ in any respect from the specifications, payment
will be withheld until such time as the Contractor takes necessary corrective action. If the
proposed corrective action is not acceptable to the County or the Contractor, final
acceptance of the Services may be refused, in which case the County shall not be liable
for payment. Proper invoices must be submitted for each bill run to the County. The
County must approve all invoices prior to payment in accordance with the Local
Government Prompt Payment Act (2006), Florida Statutes Section 218.70 et seq.
5.2. Liquidated Damages. The County may retain the amounts set forth below from the
amount of compensation to be paid to the Contractor, or the County may charge
Contractor for every day that the Services remain uncompleted from the negotiated dates
and times Services are to be performed pursuant to this Agreement. The Services are to
be completed and delivered into the U.S. Postal Distribution System no later than one (1)
business day from receipt of data (this excludes delays associate with: Acts of God,
County processing errors, transmission errors, weekends and holidays). The Contractor
acknowledges and agrees that it is of critical importance to the County that the Services
hereunder be performed in a timely manner. The County and the Contractor recognize
that time is of the essence of this Agreement and that the County will suffer financial loss
if the work is not completed within the times specified in this Agreement. The County and
the Contractor also recognize the delays, expense and difficulties involved in proving in a
legal proceeding the actual loss suffered by the County if the Services are not completed
on time. Accordingly, instead of requiring any such proof, the County and the Contractor
agree that the amounts, as set forth below, are agreed upon as a proper measure of
liquidated damages, that the County will sustain per day by failure of the Contractor to
perform the Services hereunder, and are not to be construed, in any sense, as penalties:
First 3 Days Second 3 Days 7 Days & Thereafter
$1,000 per day $2,000 per day $3,500 per day
5.2.1. This liquidated damage clause shall be applied, if necessary, through the
implementation phases, execution phases, and operations phases of the Agreement.
5.2.3. Time is of the essence in this Agreement, and failure to deliver as specified within
the time period required shall be considered a default. In the case of default, the County
may procure the Services from other sources and hold the Contractor responsible for all
costs occasioned thereby and may immediately cancel the Agreement.
5.3. Non -Appropriation of Funds. The obligations of the County under this Agreement
are subject to the availability of funds lawfully appropriated for its purpose by the Board of
County Commissioners of Indian River County. In the event sufficient budget funds are
not available , the County shall promptly notify the Contractor of such occurrence,
and set forth the date that the County anticipates the Agreement will terminate due to lack
of funds. Thereupon, this Agreement shall terminate on the date set forth in the notice
from the County, without any penalty or expense to the County of any kind whatsoever.
5.4. Indemnification. As respects acts, errors, or omissions in the performance of the
professional Services hereunder, the Contractor agrees to pay on behalf of, hold
harmless, and indemnify the County, its officers, elected officials and employees from and
against any and all claims, action, loss, demands defense costs, liability or consequential
damages of any kind or nature (including, but not by way of limitation, attorney's fees,
and court costs) arising out of, or incidental to, the performance of this Agreement or
the Services performed hereunder.
5.5. Assignment. The Contractor, his/her assigns or representative, shall not enter into
any agreements with third parties to delegate any or all of the responsibilities or rights
herein set forth without prior written approval of the County.
5.6. Independent Contractor. The Contractor shall perform the conditions of this
Agreement as an independent contractor and nothing contained herein shall be
construed to be inconsistent with this relationship or status. Nothing in this Agreement
shall be, in any way, construed to constitute the Contractor or any of his/her agents or
his/her employees as the agent, employee or representative of the County.
5.7. Insurance. Prior to the time Contractor is entitled to commence any part of the
Services under this Agreement, Contractor shall procure, pay for, and maintain at least the
following insurance coverages and limits. Such insurance shall be evidenced by delivery
to the County of 1) certificates of insurance executed by the insurers listing coverage's and
limits, expiration dates and terms of policies and all endorsements whether or not required
by the County, and listing all carriers issuing said policies; and 2) upon request, a certified
copy of each policy, including all endorsements. The insurance requirements shall remain
in effect throughout the term of this Agreement.
5.7.1. Workers' Compensation in at least the limits as required by law; Employers' Liability
Insurance of not less than $100,000.00 for each accident and disease.
5.7.2. Commercial General Liability Insurance including, but not limited to, Independent
Contractor, Contractual, Premises/Operations, Products/Completed Operation and
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Personal Injury covering the liability assumed under indemnification provisions of this
contract, with limits of liability for personal injury and/or bodily injury, including death, of nol
less than $21000,000.00, each occurrence; and property damage of not less than
$1,000,000.00, each occurrence. (Combined single limits of not less than $2,000,000.00,
each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an
"occurrence" basis, and the policy shall include Broad Form Property Damage coverage
and Fire Legal Liability of not less than $50,000.00 per occurrence, unless otherwise
stated by exception herein.
5.7.3. Commercial Automobile and Truck liability covering owned, hired, and nonowned
vehicles with combined single limits of not less than $2,000,000.00, each occurrence.
Coverage shall be on an "occurrence" basis, such insurance to include coverage for
loading and unloading hazards.
5.7.4. Each insurance policy shall include the following conditions by endorsement to the
policy:
5.7.4.1. Each policy shall require that thirty (30) days prior to expiration, cancellation,
nonrenewal, or any material change in coverage or limits, a notice thereof shall be given to
County by certified mail to: Indian River County, Purchasing Division, 1800 27th Street,
Vero Beach, FL 32960. Contractor shall also notify County, in a like manner, within
twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal,
or material change in coverage received by said contractor form its insurer; and nothing
contained herein shall absolve contractor of this requirement to provide notice.
5.7.4.2. Companies issuing the insurance policy, or policies, shall have no recourse
against the County for payment of premiums or assessments for any deductibles which all
are at the sole responsibility and risk of Contractor.
5.7.4.3. The term "County" or "Indian River County" shall include all Authorities, Boards,
Bureaus, Commissions, Divisions, Departments, and Offices of County and individual
members, employees thereof in their official capacities, and/or while acting on behalf of
Indian River County.
5.7.4.4. Indian River County Board of County Commissioners shall be endorsed to the
required policy or policies as an additional insured.
5.7.4.5. The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by County to any such future coverage, or to County's self-insured retention
of whatever nature. County hereby waives subrogation rights for loss or damage against
the County.
5.8. Termination for Convenience. The performance of service under this contract
may be terminated by the County in whole or in part whenever the County determines that
termination is in the County's best interest. Any such termination shall be effected by the
delivery to the Contractor of a written notice of termination at least fifteen (15) days before
the date of termination.
5.9. Termination for Default. The County shall have the right to terminate this
Agreement if the County determines that the Contractor has not satisfactorily
performed the service/work required, as determined by the County. In the event the
County decides to terminate the Agreement for failure to perform satisfactorily, the
County shall give the Contractor at least fifteen (15) days written notice before the
termination takes effect. The fifteen -day period will begin upon the mailing of notice by the
County.
5.10. Governing Law; Venue. This Agreement, including all attachments hereto, shall be
construed according to the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this Agreement shall be in
Indian River County, Florida, or, in the event of federal jurisdiction, in the United States
District Court for the Southern District of Florida.
5.11. Remedies; No Waiver. All remedies provided in this Agreement shall be deemed
cumulative and additional, and not in lieu or exclusive of each other or of any other remedy
available to either party, at law or in equity. Each right, power and remedy of the parties
provided in this Agreement shall be cumulative and concurrent and shall be in addition to
every other right, power or remedy provided for in this Agreement or now or hereafter
existing at law or in equity or by statute or otherwise. The failure of either party to insist
upon compliance by the other party with any obligation, or exercise any remedy, does not
waive the right to do so in the event of a continuing or subsequent delinquency or default.
A party's waiver of one or more defaults does not constitute a waiver of any other
delinquency or default. If any legal action or other proceeding is brought for the
enforcement of this Agreement or because of an alleged dispute, breach, default, or
misrepresentation in connection with any provisions of this Agreement, each party shall
bear its own costs.
5.12. Severability. If any term or provision of this Agreement, or the application thereof
to any person or circumstance shall, to any extent, be held invalid or unenforceable for the
remainder of this Agreement, then the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
5.13 No Pledge Of Credit. The Contractor shall not pledge the County's credit or make
it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness.
5.14. Public Records. The Contractor shall comply with the provisions of Chapter 119,
Florida Statutes (Public Records Law) in connection with this Agreement.
5.15. Notices. Any notice, request, demand, consent, approval, or other communication
required or permitted by this Agreement shall be given or made in writing and shall be
served, as elected by the party giving such notice, by any of the following methods: (a)
Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or
(c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the
addresses of the parties shown below:
7
County: Indian River County Attn: Julia Mitts, Controller
1801 27'" Street, Vero Beach, FL 32960-3365
Phone: (772) 226-1834; Facsimile: (772) 770-5143
Contractor: Advanced Xerographics Imaging Systems, Inc
Attn: Alicia Wilkes Culp, Director of Sales and Marketing
6851 TPC Drive, Orlando, Florida, 32822
Phone: (407) 351-0232, Facsimile: (407) 363-4586
5.15.1. Notices shall be effective when received at the address as specified above.
Facsimile transmission is acceptable notice effective when received, provided, however,
that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or
holidays, will be deemed received on the next day that is not a weekend day or a holiday.
The original of the notice must additionally be mailed. Either party may change its
address, for the purposes of this section, by written notice to the other party given in
accordance with the provisions of this section.
5.16. Survival. Except as otherwise expressly provided herein, each obligation in this
Agreement to be performed by Contractor shall survive the termination or expiration of this
Agreement.
IN WITNESS WHEREOF, the County and the Contractor have caused this
Agreement to be executed in their respective names as of the date first set forth above.
Contractor:
Advanced Xerographics
Imaging Systems, Inc
(sign)
name Alicia Wilkes Cul
title: Director ofSales & Marketing
Attest: (Seal)
Indian River County, Florida` "' `' ,
Board of County Commissioners
San r L. Bowden; 3chairman
Attest: J. K. Barton, Clerk = `'
(sign) n -fit, By���a�.
Deputy Clerk
T
oved:
goseph Al Baird, County Admini rator
Approved s to form and legal sufficiency
B I -
!'f
4.fl Marian E. I e ' r Assistant
County Attorney
GXNIE)r f4
RFP # 2008043
Utility Billing. Printing and Mailing Services
Cost Analysis Form
To: Indian River County
Purchasing Division
1800 27m Street
Vero Beach, FL 32960
Comparative Price Analysis:
Please base pricing on Five (5) bill cycles per month estimated from 5,800 tot 1,000 bills in
cycle or a monthly estimated total of dividually each
43,000 bills. Remittance envelopes arc estimated at 3 dived due to
ACH payment enrollment.
1, Non -Reoccurring Fees:
2. Statement Processing Fees
Statements
Postal Optimization
Forms
Outgoing Envelopes
Retum Envelopes
Backer Page 'pre-printed
Poeiege Used is included
Color Lasering
Total Unit Cost
of
front
6 back
of form
in
price
above
Estimate Monthly Cost ® 43,000 bills
3. Optional Items:
A001tional Pagos for inserts
Variable highlight laser printing
CD/DVD Arehlval
4. Estimated Best Postage Rate per Unit
Page 18 of 20
Cost
Unit Cost
.0214
.03632
.02094
.02142
02096
N/A
.324 (See it
4 below)
See variable
highlight
(A).12094
(B) .49994
laser printing below
(A) $5x200.42
*Price without postage or color highlight
(33)$19,347.42
*Price with postage and color highlight
.01
.005
015
.324
Acoko CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MM,TIOM'W)
PRODUCER AXIS --1 04 30 06
Thomas E Corkhill Ins Agcy, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
P.O. Box 538891 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
20 South Bumby Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Orlando FL 32853 ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW.
Phone:407-898-6891 Fax:407-898-8813
INsuRED INSURERS AFFORDING COVERAGE NAIC #
INSURER A. Bridgefteld Employers Ins. co.
INSURERB: Hartford Zneuranee/ 10701
AXIS nd C Advanced Xerographic xpana �/I 01391
I85gin Systema, Inc. INBURER C:
6851 TPC Drive Auto -Owners Insurance 18988
Orlando FL 32822 INSURER
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVATHSTANOING
ANY REOUIREMEM. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER
GENERAL LIABILITY GATE MMAl01W DATE MMWNY! LIMITS
B X X COMMERCIAL GENERAL LIABILITYI 21SBQBQ0017 I EACH OCCURRENCE $1, 0001 OO
CLAIMS MADE OCCUR 06�27�07 0627108 PREMISES (Ea accurencel $ 300 O
MED EXP (Ary we pemen)
PERSONAL B ADV INJURY $1,000,00
GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,00
POLICY IX jERC Ll O LOC I PRODUCTS - COMP/OP AGG $ 2, 000, 001
AUTOMOBILE LIABILITY
C X X ANY AUTO 4378090300 COMBINED SINGLE LIMIT
ALL OWNED AUTOS 06/27/07 06/27/08 His acudenl) $ 1000000
SCHEDULED AUTOS
BODILY INJURY
X HIRED AUTOS I (Per person) I S
X NON -OWNED AUTOS BODILY INJURY
(Per acpdenq $
PROPERTY DAMAGE
GARAGE LIABILITY (Paracdderi $
ANYAUTO AUTO ONLY. EA ACCIDENT $
OTHER THAN EA ACC $
EXCESSNMBRELLALI�ABILITY AUTO ONLY AGG $
B X X OCCUR II --CLAIMS MApE06
I21XHQYI$462 EACH OCCURRENCE $1,000,000
/27/07 06/27/08 AGGREGATE 81,000,000
DEDUCTIBLE $
X RETENTION
WORKERS COMPENSATION AND $
A EMPLOYERS' LIABWTY -
ANY PROPRIETORIPARTNERIEXECUTIVE 196-04491 0627 O7 X TORY LIMITS ER_
OFFICER/MEMBER EXCLUDED? 06/27 08 EL EACH ACCIDENT S500000
Byes. describe under
SPECIAL PROVISIONS below - E.L. DISEASE - EA EMPLOYEE $ 500000
OTHER
E.L. DISEASE -POLICY LIMIT $500000
JesUNwTION OF OPERATIONS ! LOCATION$ l VEHICLES / E%C WSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISION$
Certificate holder is added as additional insured with respect to the
General Liability, Auto Liability and Umbrella Liability as required by
contract. A Waiver of Subrogation in favor of the General Liability applies,
25
INDIUTILSHOULD OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL 3O DAYS HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALIL
Indian River County Utilities BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1801 27th Street TIVES.
Vero Beach FL 32960
1