HomeMy WebLinkAboutItem 21 - Data Processing, Printing and Mailing, and Electronic Bill Present ServicesFinance and Management Services
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Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Data Processing, Printing and Mailing, and Electronic Bill Present Services
AGENDA TITLE:
Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and
Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376
(General and Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data
processing, printing and mailing, and electronic bill presentment services for Municipal
Utility Services, Business License, Proactive Residential Enforcement Program, Dog
Licensing, Paramedic Subscriptions, and City newsletters and other City -related
miscellaneous mailing notices. Said renewal agreement is to be for an amount not to
exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price
Index ("CPI") adjustments and a further 15% contingency set -aside for anticipated United
States postage increases — altogether totaling $2,516,394 over the maximum 8'/2-year
life of the agreement. The renewal agreement commences April 19, 2022 and contains
a base term covering FY 2021-22, 2022-23, 2023-24 and FY 2024-25, expiring December
31, 2025, with provision for two renewal options of three years, and one year, respectively,
ending December 31, 2029.
DISCUSSION
The Treasury & Customer Service Division ("Treasury") of the Finance and Management
Services Agency ("FMSA") is responsible for the billing and payment processing for
Municipal Utility Services ("MUS") accounts, Business Licenses, and Proactive
Residential Enforcement Program ("PREP") accounts, Dog Licenses, and Paramedic
Subscription services. Billing and payment services require data processing, printing and
mailing services, and e-business services (electronic billing and payment presentation
("EBPP") online and/or accepting and reporting payment transactions via the internet).
InfoSend, Inc.'s ("InfoSend") scope of bill print services include, but are not limited to, the
following: data processing, printing, and mailing services. InfoSend's data processing,
printing, and mailing services encompass the following City operations: MUS, Business
License, PREP, and Dog Licenses, and include other City -related miscellaneous mailings
of associated billing statements, notices, advisories, form correspondence, as well as City
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 2
newsletters and a variety of other miscellaneous independent communications or notices.
InfoSend's EBPP services include an online bill payment portal for Dog Licensing.
InfoSend is a full billing services provider and utilizes the most current technology and
offers an innovative approach with flexible and secure solutions for organizations such as
the City, who seek outsourced data processing, printing, mailing, and electronic
presentment and/or payment services. The City has benefitted from InfoSend business
perspective as they have recognized the City's unique needs and have personalized the
way they build solutions for the City's data processing, printing, mailing, and electronic
presentment services. InfoSend is fundamentally involved with and has extensive
knowledge of, the City's data processing, bill printing, mailing, and EBPP services. In
addition, despite significant anticipated increases in USPS postal rates, InfoSend has
agreed to maintain the City's current postage deposit on hand in the amount of $13,040.
InfoSend is able to solely -handle all requested data processing, print, mail services, and
associated e-business services. Their professional services include project management
for each print job from beginning to end, as well as providing a high level of quality
assurance through their Quality Control Department by checking mail files at multiple
stages throughout the production process. InfoSend's information technology, document
formatting, electronic payment service, and document production currently integrates
seamlessly into our various existing Treasury billing structures, as it presently generates
all electronic document files, exchanges them with other integrated vendors, inserts
mailing pieces, meters postage, and prepares all mail items for delivery.
All standard paper and envelopes sourced by InfoSend are Sustainable Forestry Initiative
Certified ("SFI"). The SFI program is a comprehensive system of principles, objectives
and performance measures developed by professional foresters, conservationists and
scientists, among others that combines the perpetual growing and harvesting of tress with
the long-term protection of wildlife, plants, soil and water quality. InfoSend's standard
double window #10 and single window #9 envelopes are sustainably produced and are
provided to clients at no cost. Additionally, because of ongoing worldwide shortages of
certain paper grades (the most affected type being recycled paper stock) and as a
response to their client's ongoing needs, InfoSend during this time has worked closely
with their current suppliers and have established new vendor relationships to ensure an
uninterrupted supply of paper stock (which is SFI Certified) to protect against any
unexpected disruptions in the supply chain.
Furthermore, beginning in Fiscal Year 2019-20, the Finance and Management Services
("FMSA"), Public Works ("PWA"), and Information Technology ("IT") agencies undertook
development of a program for the implementation of Advanced Metering Infrastructure
("AMI") to provide modern smart metering services for the City's water utility operation
and for MUS customers to which InfoSend's services are tied. In March 2020, Treasury
started a comprehensive upgrade to the City's existing water, sewer, sanitation, and
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 3
refuse customer information service/utility billing system, enQuesta, to ensure the City is
keeping up with best practices as they relate to utility customer service, billing technology,
and to ensure compatibility with AMI systems. The AMI program is dependent on
expanded use of the City's upgraded MUS enQuesta system, with which InfoSend's
services are integrated. InfoSend's services directly support and are bilaterally integrated
with this comprehensive upgrade. The cost to implement an equivalent bill print and e-
business service provider is unknown, but would require new software and substantial
additional integration expenses to the City as InfoSend is fully integrated into all Treasury
programs that require bill print/e-business services.
In connection with the AMI program development, PWA has launched an Awareness and
Education Campaign as a sustained effort to educate residents and boost public
awareness about AMI smart metering services for the City. As a response to the COVID-
19 pandemic, the City launched various community assistance programs to provide
much -needed services to the City's residents and business community. Inclusively, the
City adopted a Rent Stabilization Ordinance effective November 19, 2021, which requires
mailing notices to various tenants and Santa Ana rental property owners. For these
community outreach reasons and because InfoSend is the City's data processing,
printing, and mailing service provider, budgeted amounts for the other agencies, like the
City Manager's Office ("CMO"), who use InfoSend's printing and mailing services, need
to be expanded to cover service use and avoid overspending maximum compensation
spending caps.
In addition to the data processing, printing and mailing, and e-business services, there
are other related critical payment processing agreements, like the City's walk-in
cashiering station merchant processing services, online cloud -based electronic billing and
payment presentation/bill print services, and 24-7/365 walk-up payment kiosk services.
Based on the synchronization of all of these payment -processing services, the City will
achieve full PCI-DSS compliance, thereby transferring future credit card fraud liability
from the City to the payment card providers. The enQuesta agreement with which this
InfoSend renewal agreement is synchronized runs through December 31, 2025, with
optional extensions through December 31, 2029. Moreover, the renewal agreement for
the City's integrated Interactive Voice Response ("IVR") contract, which was approved by
the City Council on August 17, 2021, was constructed to be co -extensive with the
underlying Systems & Software enQuesta Municipal Utility Services billing system
software agreement because they are integrated and effectively are sole -source
providers due to their extensive and expensive custom software systems integrations.
Therefore, staff recommends the approval of a renewal agreement with InfoSend to
assure annual data processing, printing and mailing, and e-business services for the City.
By approving the InfoSend renewal agreement, the City Council will be harmonizing
agreements with other critical payment processing contracts, such as the enQuesta/AMI
integrated project agreements.
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 4
Below is a breakdown of costs, including the optional costs:
City Agency
Contracted
Amount
Contingency
(Plus
Annual CPI
Increases)
Annual
Postal Rate
Increases
Maximum
Amount
FMSA - Treasury & Customer Service
$2,457,696
$368,654
$368,654
$3,195,004
FMSA - Service Enhancement
$409,616
$61,442
$61,442
$532,500
PWA - Water Miscellaneous Expenses
$3,264,420
$489,663
$489,663
$4,243,746
PWA - Refuse Collection Service
$455,000
$68,250
$68,250
$591,500
CMO - General
$170,000
$25,500
$25,500
$221,000
CMO - General Non -Departmental
$170,000
$25,500
$25,500
$221,000
CMO - Revive Fund
$80,000
$12,000
$12,000
$104,000
SAPD - Fiscal & Budget
$425,000
$63,750
$63,750
$552,500
CDA - Inclusionary Housing Fund
$233,750
$35,063
$35,063
$303,876
CDA - Housing Authority -Vouchers ADM
$170,000
$25,500
$25,500
$221,000
CDA - Service Enhancement
$85,000
$12,750
$12,750
$110,500
CDA - Economic Development
$42,500
$6,375
$6,375
$55,250
PRCSA - Recreation & Comm. Svs.
$212,500
$31,875
$31,875
$276,250
PRCSA - Park Facilities
$212,500
$31,875
$31,875
$276,250
Totals:
$8,387,982
$1,258,197
$1,258,197
$10,904,376
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this renewal agreement and services are budgeted and available in the FMSA
- Treasury & Customer Service Contract Services -Professional (No. 01110130-62300);
FMSA - Service Enhancement Contract Services -Professional (No. 01110017-62300);
PWA Water- Miscellaneous Expenses (No. 06017642-65220); PWA - Refuse Collection
Service Contract Services -Professional (No. 06917640-62300); CMO - Contract
Services -Professional (No. 01103010-62300); CMO - General Non -Departmental
Contract Services -Professional (No. 01105015-62300); CMO - Revive Fund Contract
Services -Professional (No. 18103013-62300); SAPD - Fiscal & Budget (No. 01114401-
63001); CDA - Inclusionary Housing Fund (No. 41718820-62300); CDA - Housing
Authority -Vouchers ADM (No. 14018760-62300); CDA - Service Enhancement (No.
01118017-62300); CDA - Economic Development (No. 01118810-62300); PRCSA -
Recreation & Comm. Svs. (No. 01113230-63001); PRCSA - Park Facilities (No.
01113250-63200). Funds will be budgeted for expenditure as follows:
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 5
Accounting
Contingency
Unit -
Fund
Accounting Unit -
Contracted
(Plus Annual
Maximum
FY
Account
Description
Accounting No.
Amount
Postage Rate
Amount
No.
Description
& CPI
Increases
FMSA-
01110130-
Treasury &
Contract Services
$288,462
$86,538
$375,000
62300
Customer
Professional
Service
01110017-
FMSA -
Service
Contract Services
$48,077
$14,424
$62,501
62300
Enhancement
Professional
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$384,615
$115,384
$499,999
65220
Expenses
Services Charges
06917640-
PWA - Refuse
Collection
Contract Services
$80,000
$24,000
$104,000
62300
Service
Professional
01103010-
CMO -
Contract Services
$20,000
$6,000
$26,000
62300
General
Professional
2021-
01105015-
CMO -
General Non-
Contract Services
$20,000
$6,000
$26,000
22
62300
Departmental
Professional
18103013-
CMO - Revive
Contract Services
$20,000
$6,000
$26,000
62300
Fund
Professional
01114401-
SAPD - Fiscal
Misc. Operating
$50,000
$15,000
$65,000
63001
& Budget
Expenses
41718820-
CDA -
Inclusionary
Contract Services
$27,500
$8,250
$35,750
62300
Housing Fund
Professional
CDA -
14018760-
Housing
Authority-
Contract Services
$20,000
$6,000
$26,000
62300
Vouchers
Professional
ADM
01118017-
CDA - Service
Contract Services
$10,000
$3,000
$13,000
62300
Enhancement
Professional
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 6
01118810-
CDA -
Economic
Contract Services
$5,000
$1,500
$6,500
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$25,000
$7,500
$32,500
63001
Comm. Svs.
Expenses
01113250-
PRCSA -
Contract Services
$25,000
$7,500
$32,500
63200
Park Facilities
Professional
FMSA-
01110130-
Treasury &
Contract Services
$288,462
$86,538
$375,000
62300
Customer
Professional
Service
01110017-
FMSA -
Service
Contract Services
$48,077
$14,424
$62,501
62300
Enhancement
Professional
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$384,615
$115,384
$499,999
65220
Expenses
Services Charges
06917640-
PWA - Refuse
Collection
Contract Services
$50,000
$15,000
$65,000
62300
Service
Professional
01103010-
CMO -
Contract Services
$20,000
$6,000
$26,000
62300
General
Professional
2022-
23
CMO -
01105015-
General Non-
Contract Services
$20,000
$6,000
$26,000
62300
Departmental
Professional
18103013-
CMO - Revive
Contract Services
$20,000
$6,000
$26,000
62300
Fund
Professional
01114401-
SAPID - Fiscal
Misc. Operating
$50,000
$15,000
$65,000
63001
& Budget
Expenses
41718820-
CDA -
Inclusionary
Contract Services
$27,500
$8,250
$35,750
62300
Housing Fund
Professional
14018760-
CDA -
Housing
Contract Services
$20,000
$6,000
$26,000
62300
Authority-
Professional
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 7
Vouchers
ADM
01118017-
CDA - Service
Contract Services
$10,000
$3,000
$13,000
62300
Enhancement
Professional
01118810-
CDA -
Economic
Contract Services
$5,000
$1,500
$6,500
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$25,000
$7,500
$32,500
63001
Comm. Svs.
Expenses
01113250-
PRCSA -
Contract Services
$25,000
$7,500
$32,500
63200
Park Facilities
Professional
FMSA-
01110130-
Treasury &
Contract Services
$288,462
$86,538
$375,000
62300
Customer
Professional
Service
01110017-
FMSA -
Service
Contract Services
$48,077
$14,424
$62,501
62300
Enhancement
Professional
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$384,615
$115,384
$499,999
65220
Expenses
Services Charges
06917640-
PWA - Refuse
Collection
Contract Services
$50,000
$15,000
$65,000
2023-
62300
Service
Professional
24
01103010-
CMO -
Contract Services
$20,000
$6,000
$26,000
62300
General
Professional
01105015-
CMO -
General Non-
Contract Services
$20,000
$6,000
$26,000
62300
Departmental
Professional
18103013-
CMO - Revive
Contract Services
$20,000
$6,000
$26,000
62300
Fund
Professional
01114401-
SAPD - Fiscal
Misc. Operating
$50,000
$15,000
$65,000
63001
& Budget
Expenses
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 8
41718820-
CDA -
Inclusionary
Contract Services
$27,500
$8,250
$35,750
62300
Housing Fund
Professional
CDA -
14018760-
Housing
Authority-
Contract Services
$20,000
$6,000
$26,000
62300
Vouchers
Professional
ADM
01118017-
CDA - Service
Contract Services
$10,000
$3,000
$13,000
62300
Enhancement
Professional
01118810-
CDA -
Economic
Contract Services
$5,000
$1,500
$6,500
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$25,000
$7,500
$32,500
63001
Comm. Svs.
Expenses
01113250-
PRCSA -
Contract Services
$25,000
$7,500
$32,500
63200
Park Facilities
Professional
FMSA-
01110130-
Treasury &
Contract Services
$288,462
$86,538
$375,000
62300
Customer
Professional
Service
01110017-
FMSA -
Service
Contract Services
$48,077
$14,424
$62,501
62300
Enhancement
Professional
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$384,615
$115,384
$499,999
2024-
65220
Expenses
Services Charges
25
06917640-
PWA - Refuse
Contract Services
62300
Collection
Professional
$50,000
$15,000
$65,000
Service
01103010-
CMO -
Contract Services
$20,000
$6,000
$26,000
62300
General
Professional
01105015-
CMO -
General Non-
Contract Services
$20,000
$6,000
$26,000
62300
Departmental
Professional
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 9
18103013-
CMO - Revive
Contract Services
$20,000
$6,000
$26,000
62300
Fund
Professional
01114401-
SAPD - Fiscal
Misc. Operating
$50,000
$15,000
$65,000
63001
& Budget
Expenses
41718820-
CDA -
Inclusionary
Contract Services
$27,500
$8,250
$35,750
62300
Housing Fund
Professional
CDA -
14018760-
Housing
Authority-
Contract Services
$20,000
$6,000
$26,000
62300
Vouchers
Professional
ADM
01118017-
CDA - Service
Contract Services
$10,000
$3,000
$13,000
62300
Enhancement
Professional
01118810-
CDA -
Economic
Contract Services
$5,000
$1,500
$6,500
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$25,000
$7,500
$32,500
63001
Comm. Svs.
Expenses
01113250-
PRCSA -
Contract Services
$25,000
$7,500
$32,500
63200
Park Facilities
Professional
FMSA-
01110130-
Treasury &
Contract Services
$288,462
$86,538
$375,000
62300
Customer
Professional
Service
01110017-
FMSA -
Service
Contract Services
$48,077
$14,424
$62,501
2025-
62300
Enhancement
Professional
26
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$384,615
$115,384
$499,999
65220
Expenses
Services Charges
06917640-
PWA - Refuse
Collection
Contract Services
$50,000
$15,000
$65,000
62300
Service
Professional
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 10
01103010-
CMO -
Contract Services
$20,000
$6,000
$26,000
62300
General
Professional
01105015-
CMO -
General Non-
Contract Services
$20,000
$6,000
$26,000
62300
Departmental
Professional
01114401-
SAPD - Fiscal
Misc. Operating
$50,000
$15,000
$65,000
63001
& Budget
Expenses
41718820-
CDA -
Inclusionary
Contract Services
$27,500
$8,250
$35,750
62300
Housing Fund
Professional
CDA -
14018760-
Housing
Authority-
Contract Services
$20,000
$6,000
$26,000
62300
Vouchers
Professional
ADM
01118017-
CDA - Service
Contract Services
$10,000
$3,000
$13,000
62300
Enhancement
Professional
01118810-
CDA -
Economic
Contract Services
$5,000
$1,500
$6,500
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$25,000
$7,500
$32,500
63001
Comm. Svs.
Expenses
01113250-
PRCSA -
Contract Services
$25,000
$7,500
$32,500
63200
Park Facilities
Professional
FMSA-
01110130-
Treasury &
Contract Services
$288,462
$86,538
$375,000
62300
Customer
Professional
Service
2026-
27
01110017-
FMSA -
Service
Contract Services
$48,077
$14,424
$62,501
62300
Enhancement
Professional
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$384,615
$115,384
$499,999
65220
Expenses
Services Charges
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 11
06917640-
PWA - Refuse
Collection
Contract Services
$50,000
$15,000
$65,000
62300
Service
Professional
01103010-
CMO -
Contract Services
$20,000
$6,000
$26,000
62300
General
Professional
01105015-
CMO -
General Non-
Contract Services
$20,000
$6,000
$26,000
62300
Departmental
Professional
01114401-
SAPD - Fiscal
Misc. Operating
$50,000
$15,000
$65,000
63001
& Budget
Expenses
41718820-
CDA -
Inclusionary
Contract Services
$27,500
$8,250
$35,750
62300
Housing Fund
Professional
CDA -
14018760-
Housing
Authority-
Contract Services
$20,000
$6,000
$26,000
62300
Vouchers
Professional
ADM
01118017-
CDA - Service
Contract Services
$10,000
$3,000
$13,000
62300
Enhancement
Professional
01118810-
CDA -
Economic
Contract Services
$5,000
$1,500
$6,500
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$25,000
$7,500
$32,500
63001
Comm. Svs.
Expenses
01113250-
PRCSA -
Contract Services
$25,000
$7,500
$32,500
63200
Park Facilities
Professional
FMSA-
01110130-
Treasury &
Contract Services
$288,462
$86,538
$375,000
62300
Customer
Professional
2027-
Service
28
FMSA -
01110017-
Service
Contract Services
$48,077
$14,424
$62,501
62300
Enhancement
Professional
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 12
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$384,615
$115,384
$499,999
65220
Expenses
Services Charges
06917640-
PWA - Refuse
Collection
Contract Services
$50,000
$15,000
$65,000
62300
Service
Professional
01103010-
CMO -
Contract Services
$20,000
$6,000
$26,000
62300
General
Professional
01105015-
CMO -
General Non-
Contract Services
$20,000
$6,000
$26,000
62300
Departmental
Professional
01114401-
SAPD - Fiscal
Misc. Operating
$50,000
$15,000
$65,000
63001
& Budget
Expenses
41718820-
CDA -
Inclusionary
Contract Services
$27,500
$8,250
$35,750
62300
Housing Fund
Professional
CDA -
14018760-
Housing
Authority-
Contract Services
$20,000
$6,000
$26,000
62300
Vouchers
Professional
ADM
01118017-
CDA - Service
Contract Services
$10,000
$3,000
$13,000
62300
Enhancement
Professional
01118810-
CDA -
Economic
Contract Services
$5,000
$1,500
$6,500
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$25,000
$7,500
$32,500
63001
Comm. Svs.
Expenses
01113250-
PRCSA -
Contract Services
$25,000
$7,500
$32,500
63200
Park Facilities
Professional
FMSA-
2028-
01110130-
Treasury &
Contract Services
$288,462
$86,538
$375,000
29
62300
Customer
Professional
Service
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 13
01110017-
FMSA -
Service
Contract Services
$48,077
$14,424
$62,501
62300
Enhancement
Professional
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$384,615
$115,384
$499,999
65220
Expenses
Services Charges
06917640-
PWA - Refuse
Collection
Contract Services
$50,000
$15,000
$65,000
62300
Service
Professional
01103010-
CMO -
Contract Services
$20,000
$6,000
$26,000
62300
General
Professional
01105015-
CMO -
General Non-
Contract Services
$20,000
$6,000
$26,000
62300
Departmental
Professional
01114401-
SAPD - Fiscal
Misc. Operating
$50,000
$15,000
$65,000
63001
& Budget
Expenses
41718820-
CDA -
Inclusionary
Contract Services
$27,500
$8,250
$35,750
62300
Housing Fund
Professional
CDA -
14018760-
Housing
Authority-
Contract Services
$20,000
$6,000
$26,000
62300
Vouchers
Professional
ADM
01118017-
CDA - Service
Contract Services
$10,000
$3,000
$13,000
62300
Enhancement
Professional
01118810-
CDA -
Economic
Contract Services
$5,000
$1,500
$6,500
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$25,000
$7,500
$32,500
63001
Comm. Svs.
Expenses
01113250-
PRCSA -
Contract Services
$25,000
$7,500
$32,500
63200
Park Facilities
Professional
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 14
FMSA-
01110130-
Treasury &
Contract Services
$150,000
$45,000
$195,000
62300
Customer
Professional
Service
01110017-
FMSA -
Service
Contract Services
$25,000
$7,500
$32,500
62300
Enhancement
Professional
06017642-
PWA Water -
Miscellaneous
Treasury/Accounting
$187,500
$56,250
$243,750
65220
Expenses
Services Charges
06917640-
PWA - Refuse
Collection
Contract Services
$25,000
$7,500
$32,500
62300
Service
Professional
01103010-
CMO -
Contract Services
$10,000
$3,000
$13,000
62300
General
Professional
01105015-
CMO -
General Non-
Contract Services
$10,000
$3,000
$13,000
62300
Departmental
Professional
2029-
30
01114401-
SAPD - Fiscal
Misc. Operating
$25,000
$7,500
$32,500
63001
& Budget
Expenses
41718820-
CDA -
Inclusionary
Contract Services
$13,750
$4,126
$17,876
62300
Housing Fund
Professional
CDA -
14018760-
Housing
Authority-
Contract Services
$10,000
$3,000
$13,000
62300
Vouchers
Professional
ADM
01118017-
CDA - Service
Contract Services
$5,000
$1,500
$6,500
62300
Enhancement
Professional
01118810-
CDA -
Economic
Contract Services
$2,500
$750
$3,250
62300
Development
Professional
01113230-
PRCSA -
Recreation &
Misc. Operating
$12,500
$3,750
$16,250
63001
Comm. Svs.
Expenses
Renewal Agreement with InfoSend, Inc.
April 19, 2022
Page 15
01113250- PRCSA - Contract Services $12,500 $3,750 $16,250
63200 Park Facilities Professional
Subtotal: Subtotal: Grand
Total:
$8,387,982 $2,516,394 $10,904,376
EXHIBIT(S)
1. InfoSend, Inc. Renewal Agreement
Submitted By: Kathryn Downs, CPA, Executive Director of Finance & Management
Services
Approved By: Kristine Ridge, City Manager
CONSULTANT RENEWAL AGREEMENT WITH INFOSEND, INC.
TO PROVIDE BILL PRINTING, MAIL SERVICES, AND
PAYMENT PROCESSING SERVICES TO CITY OF SANTA ANA
THIS CONSULTANT RENEWAL AGREEMENT ("Agreement") is made and entered into on
this 19th day of April 2022, by and between InfoSend, Inc., a California corporation (hereinafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City"), collectively
"the Parties".
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
municipal bill printing and mailing services and electronic bill presentment and payment
processing.
B. The City acknowledges that it has received prior Municipal Utility Services, Business
License Tax, Dog License, Proactive Residential Enforcement Program, and other
miscellaneous ancillary bill printing and mailing services as well as Dog License
electronic bill presentment and payment processing services from Consultant prior to the
date of this consultant renewal agreement ("this Agreement") and City intends that any
unpaid sums receivable by Consultant for prior services shall be covered under this
Agreement.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the Parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide paper bill processing, printing and mailing services along with
electronic bill presentment and payment services, and other related professional services as
detailed in the scopes of services attached hereto as Exhibit A (Scope of InfoSend Primary
Services) and Exhibit C (Professional Services) and hereby incorporated herein by reference.
Scope of Services shall also include:
a. Data Processing, Printing and Mailing (DPPM) Services. The paper bill processing,
printing and mailing (DPPM) process consists of data processing, address validation
and postal bar coding, printing documents, mail preparation, applying presorted
postage and sending via the United States Postal Service for the City's: (1) Municipal
Utility Services bills; water conservation program notices, water quality program
Page 1 of 13
notices, Municipal Utility Services rate change advisories, awareness & education
campaign notices, advanced meter infrastructure notices and advisories, penalty and/or
collection notices, and other related miscellaneous notices, form correspondence and
advisories including paramedic subscription notices; (2) Business License Tax bills,
renewal statements, certificates and licenses, penalty/and or collection notices, and
other related miscellaneous notices, form correspondence and advisories; (3) Dog
License Bills, rabies reminders, certificates, penalty/and or collection notices, and other
related miscellaneous notices, form correspondence and advisories; (4) Proactive
Residential Enforcement Program (PREP) bills, renewal statements, certificates,
penalty/and or collection notices, and other related miscellaneous notices, form
correspondence and advisories; and (5) assorted public notices, postcards, community
advisories, outreach program letters, associated form correspondence, as well as City
newsletters and a variety of other miscellaneous independent City agency
communications and program literature.
b. Basic Electronic Bill Presentment and Payment (EBPP) Services. Basic Electronic Bill
Presentment and Payment (EBPP) services consists of:
(i.) Maintaining an online customer payment portal and presenting Dog License
bills online and accepting payment transaction information to facilitate ACH or
credit card payment via Consultant's merchant processing provider, EPX (EPX
Acquisition Company, LLC, and successor to Phoenix Payment Systems, Inc.).
City's right to bifurcate agreement and terminate DPPM and Basic EBPP services for Dog
License billing. During the Term of this Agreement and any extension hereto, but beginning not
sooner than January 1, 2023, City may upon one hundred -twenty days (120) days prior written
notice by the City's Executive Director of Finance and Management Services, terminate DPPM
and Basic EBPP services for Dog License billing, plus associated merchant processing services
currently provided by Consultant's contracted merchant processor, Electronic Payment Exchange,
Inc. (hereinafter "EPX"). Whereupon City shall have the right to continue Consultant's DPPM
services for Dog License Billing for the term of this Agreement or City may continue either
Consultant's DPPM and/or Basic EBPP services for Dog License Billing on a month -to -month
basis and terminate the DPPM and Basic EBPP portion of the Agreement in connection with Dog
License Billing, with no termination penalty or fees applied by Consultant by providing fifteen
(15) days written notice of its intent to terminate said DPPM and Basic EBPP portion of the
Agreement.
c. Electronic Bill Data Conversion and Graphical Document File Presentment for Third -
Party Enhanced EBPP Services Provider. Electronic Bill Data Conversion and
Graphical File Presentment services consists of-
(i) Receiving graphical bill data file information from an integrated City billing
application ("enQuesta") maintained by a designated billing application
provider ("Systems and Software, Inc.") and converting said graphical bill data
file information into a graphical document file and presenting said file to a
designated Third -Party Enhanced EBPP Services Provider ("Invoice Cloud,
Inc.").
Page 2 of 13
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit B (InfoSend Fees) and Exhibit C (Professional
Services which are hereby incorporated herein by this reference.
b. The total sum to be expended under this Agreement shall not exceed $10,904,376,
inclusive of any unpaid sums receivable by Consultant for prior services commencing July 1,
2021, and shall not exceed:
1. $1,330,750 for the fiscal year period beginning July 1, 2021 and ending June
30, 2022;
2. $1,291,750 for each succeeding annual fiscal year beginning July 1, 2022 and
ending June 30, 2025;
3. $1,265,750 for each succeeding annual fiscal year beginning July 1, 2025 and
ending June 30, 2029; and thereafter
4. $635,375 for the period beginning July 1, 2029 and ending December 31, 2029.
i. Payment by City shall be made within forty-five (45) days following
receipt of proper invoice evidencing work performed, subject to City
accounting procedures. City shall pay 1/2% per month late interest on any
balance past due. Payment need not be made for work which fails to meet
the standards of performance set forth in the Recitals which may reasonably
be expected by City. Billing or invoice statements shall be presumed to
have been received three (3) days after they are mailed or twenty- four (24)
hours after being electronically transmitted in accordance with the
provisions of Section 10 of this Agreement ("NOTICE").
ii. City shall be responsible for payment related to United States Postal
Service postage including rate increases. City will be invoiced by
contractor for postage including the amount charged for overweight and
foreign mail.
3. CHANGE ORDER — CONTINGENCY FUNDS — COMPENSATION CAP
During the term of this Agreement, City may request optional services of Consultant at
mutually agreed upon scope and fees.
a. Change Order
No extra work may be undertaken unless a written "Change Order" is first
given by the Contract Officer or his/her designee, to Consultant, incorporating
therein any material change in the scope, fees and/or administration of this
Agreement proposed by City.
Page 3 of 13
b. Additional Work or Services
1. Extra Work or Services / Carry Forward of Unspent Contingencies Funds
City shall have the right at any time during the performance of the work or
services set forth in this Agreement, without invalidating said Agreement or any
amendments thereto, to elect to exercise any existing option specified in the Scope
of Services for extra work or services or to order extra work or services pursuant to
a duly executed Change Order or to expend previously appropriated, but unspent
contingency funds authorized to be carried forward by the Executive Director of
Finance and Management Services to cover expenses for work or services agreed
to by the parties but exceeding any annual City fiscal year compensation amount
cap initially specified under the Compensation provisions of this Agreement or
thereby make changes by altering, adding to or deducting from said work or
services.
2. Maximum Contract Compensation Cap
Net total compensation to Consultant shall not, as the result of any Change
Order, exceed the maximum contract compensation amount set forth under Section
2("COMPENSATION"), subsection b. of this Agreement, unless an increase in
maximum contract compensation is agreed to by the Parties pursuant to a duly
executed amendment of this Agreement.
C. Coordination of Work or Services
1. Representative of Consultant
The following officer of Consultant is hereby designated as being the
representative of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
InfoSend, Inc. Russ Rezai
Representative President
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing officer & representative is a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing representative shall be
responsible during the term of this Agreement for directing all activities of
Consultant and devoting sufficient time to personally supervise the services
hereunder. For purposes of this Agreement, the foregoing officer & representative
may not be replaced nor may their responsibilities be substantiallyreduced by
Consultant without the express written approval of City.
d. Contract Officer
The Contract Officer shall be the person designated hereunder by City.
It shallbe Consultant's responsibility to assure that City's Contract Officer is kept
Page 4 of 13
informed of the progress of the performance of the consulting services set forth
in this Agreement and Consultant shall refer any decisions which must be made by
City to the Contract Officer. The Contract Officer shall have authority to enter into
Change Orders with Consultant pursuant to this Agreement. The Contract Officer
shall have authority to sign all documents on behalf of City required hereunder to
carry out the terms of this Agreement. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract
Officer.
City of Santa Ana Kristine Ridge, City Manager
Contract Officer or designee
4. TERM
This Agreement shall commence on the date first written above and terminate on December
31, 2025, with one (1) three (3) year term extension option, and one (1) one-year term extension
option, the first commencing January 1, 2026 and ending December 31, 2028, and the second
commencing January 1, 2029 and ending December 31, 2029, unless terminated earlier in
accordance with Section 13, below. This Agreement shall cover all services provided by
Consultant since July 1, 2021.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and 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 (ISO CG 25 03 or 25 04)
or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering,
Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -
Page 5 of 13
owned), with limit no less than $4,000,000 per accident for bodily injury and property
damage.
c. Workers' Compensation insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease. (Not required if consultant
provides written verification it has no employees).
d. Cyber Liability Insurance, with limits not less than $5,000,000 per occurrence or
claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the
duties and obligations as is undertaken by Consultant in this agreement and shall
include,but not be limited to, claims involving security breach, system failure, data
recovery, business interruption, cyber extortion, social engineering, infringement of
intellectual property, including but not limited to infringement of copyright, trademark,
trade dress,invasion of privacy violations, information theft, damage to or destruction of
electronic information, release of private information, and alteration of electronic
information. The policy shall provide coverage for breach response costs, regulatory
fines and penalties as well as credit monitoring expenses.
e. Technology Professional Liability Errors & Omissions
Technology Professional Liability Errors and Omissions Insuranceappropriate to
the Consultant's profession and work hereunder, with limitsnot less than $2,000,000
per occurrence. Coverage shall be sufficiently broad to respond to the duties and
obligations as is undertaken by the Consultant in this agreement and shall include, but
not be limited to, claims involving security breach, system failure, data recovery,
business interruption, cyber extortion, social engineering, infringement of intellectual
property, including but not limited to infringement of copyright, trademark, trade dress,
invasion of privacy violations, information theft, damage to or destruction of electronic
information, release of private information, and alteration of electronic information.
The policy shall provide coverage for breach response costs, regulatory fines and
penalties as well as credit monitoring expenses.
The Policy shall include, or be endorsed to include, property damage liability coverage
for damage to, alteration of, loss of, or destruction of electronic data and/or information
"property" of the Agency in the care, custody, or control of the Consultant. If not
coveredunder the Consultant's liability policy, such "property" coverage of theAgency
may be endorsed onto the Consultant's Cyber Liability Policy as covered property as
follows:
"If the Consultant maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City."
f. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
Page 6 of 13
i. Additional Insured Status
The City, its officers, officials, employees, and volunteers shall be covered as
additional insureds on the CGL policy with respect to liability arising out of
work or operations performed by or on behalf of the Consultant including
materials, parts, or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form of an
endorsement to the Consultant's insurance (at least as broad as ISO Form CG
20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20
37 forms if later revisions used).
ii. Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage
shall be primary. Coverage for commercial liability shall be at least as broad
as ISO CG 20 01 04 13 as respectsthe City, its officers, officials, employees,
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be excess of theConsultant's
insurance and shall not contribute with it.
iii. Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be
canceled, except with notice to the City.
iv. Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any
insurer of said Consultant may acquire against the City by virtue of the payment
of any loss under such insurance. Consultant agrees to obtain any endorsement
that may be necessary to affect this waiver of subrogation, but this provision
applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
v. Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City
may requirethe Consultant to provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide,or be endorsed to provide, that the self -
insured retention may be satisfied by either the namedinsured or City.
vi. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state
with a current A.M. Best's rating of no less than A-:VII, unless otherwise
acceptable to the City.
vii. Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or thebeginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at leastfive (5) years after completion of the contract of
work.
Page 7 of 13
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
viii. Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance
includingall ll required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the
Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to the City before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive the
Consultant's obligation to provide them. The City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
ix. Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance
meeting all the requirements stated herein, and Consultant shall ensure that
City is an additional insured on insurance required from subcontractors.
X. Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based
on the nature ofthe risk, prior experience, insurer, coverage, or other special
circumstances.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the direct
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement. The
Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City,
including fees and costs for special counsel to be selected by the City, regarding any action by a
third party challenging the validity of this Agreement, or asserting that personal injury, damages,
just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding.
Consultant shall not be liable for indirect, special or inconsequential damages even if Consultant
has been advised of the possibility of such potential claim, loss or damage.
Consultant shall not be responsible for delays in receipt of client information or processing client
information because of causes beyond its reasonable control, including, without limitation, failure
or limitations on the availability of third party telecommunications or other transmission facilities
and City's failure to properly enter and/or transmit information.
Page 8 of 13
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication required or made pursuant
to this Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or by express mail courier (i.e.
FedEx, UPS, etc.), or sent by fax or email communication in the manner providedin this section.
Any such notice shall be addressed to the other party at the address set forth below. Consultant
invoice/billing statement notices to City shall be sent to City's Primary Representative/Project
Manager or designees. All notices, including invoiceibilling statement notices and notices of
address changes, provided under this Agreement are deemed received on the third day after
mailing if sent by regular mail, or the next day if sent by overnight delivery. If sent by fax,
communication shall be effective or deemed to have been given twenty-four (24) hours after the
time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. If sent by email, communication shall be effective or deemed to have been
given twenty-four (24) hours after the time set forth on the delivery time stamp notated by the
internet service provider, addressed as set forth above. For purposes of calculating these time
frames, weekends, City Hall closure dates, federal, state, County or City holidays shall be
excluded.
If to City:
Clerk of the City CouncilCity of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714- 647-6956
Page 9 of 13
If to Consultant:
With courtesy copies to:
Executive Director
Finance and Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-17)
Santa Ana, CA 92702
Phone: (714) 647-6960
Fax: (714) 647-5414
InfoSend, Inc.
Attn: Russ Rezai, President
4240 E. La Palma
Anaheim, CA 92807
Phone: (714) 993-2690
Fax: (714) 993-1306
Email: russ.rkinfosend.com
Representative or designees: Consultant Primary Representative/Project Manager shall be:
Russ Rezai, President
Phone: (714) 993-2690
E-mail: russ.rAinfosend.com
Representative or designees: City Primary Representative/Project Manager and Designee shall be:
CITY Primary Representative/Project Manager shall be:
Willard Holt, Treasury and Customer Services Manager
20 Civic Center Plaza, Room 1105
Santa Ana, CA 92701
Phone: (714) 647-5456
Email: wholt&santa-ana.org
CITY Primary Representative/Project Manager Designee shall be:
Alejandra Gutierrez, Senior Management Analyst
20 Civic Center Plaza, Room 1103
Santa Ana, CA 92701
Phone: (714) 647-5497
Email: agutierreznsanta-ana.org
A party may change its address or representative or designees by giving notice in writing to the
other party. Thereafter, any communication shall be addressed and transmitted to the new address
and/or new representative or designees.
Page 10 of 13
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City or Consultant upon one -hundred and twenty
(120) days written notice of termination. In such event, Consultant shall be entitled to receive and
the City shall pay Consultant compensation for all services performed by Consultant prior to receipt
of such notice of termination, subject to the following conditions:
a. If City has requested custom forms/envelopes, City will purchase the remaining supplies
of requested forms/envelopes upon termination of the Agreement, or at the time City
requests a change in the design of the forms/envelopes.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement which may reasonably be expected by City.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
Page 11 of 13
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Whenever the terms of this Agreement conflict directly with terms of any Exhibit
incorporated herein by reference, then the terms and intent of this Agreement shall prevail solely
with respect to any such directly conflicting provisions, or portions thereof and shall be controlling.
b. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
c. This Agreement must be signed below and may be signed in counterpart and delivered
by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
Page 12 of 13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
yearfrst above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Rya40.d
AssiAttorney
RECOMMENDED FOR APPROVAL:
Kathryn Downs
Executive Director
Finance and Management Services Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
InfoSend, Inc.
Russ Rezai,
President
Page 13 of 13
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 Santa Ana ("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.
0 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.
Section 1. Data Processing, Printing and Mailing (DPPM) Service Description
A. Data Transfer and Processing
• 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.
• 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.
• 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.
• 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".
• 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
• 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
• Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms.
• Printed documents are put through a quality control process and then released to the mailing department to be inserted into
outgoing envelope. A return envelope and any applicable inserts are included as defined by client workflow.
• After a batch of mail is completed in 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.
InfoSend Exhibits to MSA
Rev. 01.28.2021
Exhibit B - InfoSend Fees
This Exhibit B is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the "Agreement")
between InfoSend, Inc. ("InfoSend") and City of Santa Ana ("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 not to exceed the Federal Bureau of Labor Statistics CPI for All Urban Consumers (CPI-U) for the Los Angeles -Long
Beach -Anaheim, California area, Base Period: 1982-84 = 100. This information can currently be found at https://www.bls.gov/cpi/).
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. Should InfoSend and Client fail to agree upon updated Fees, InfoSend reserves the right to terminate
this Agreement with one hundred and eighty (180) days' notice.
Section 2. Client Representations
Client Volume Assumptions
SNL — Notice of Dog Licensing Fee
Approximately 1000 documents per month
SNR — Rabies Reminder Notice
Approximately 100 documents per month
SN9 — Inspection Fee Letter
Approximately 4200 documents per year
SNT Business License Tax and SNN Estimated Business License Tax
SNT — approximately 2800 documents per month
SNN — twice yearly, approximately 2500 documents each run
SNF — Annual Paramedic Subscription
Monthly runs, volume fluctuates but averages 300-350 documents per month
SND — Municipal Utility Services Statement data processing only
Data processing only, approximately 300 documents per month
SNC — Municipal Utility Services Statement
Approximately 18,000 documents per month
InfoSend Exhibits to MSA
Rev. 01.28.2021
Section 3. DPPM Fees:
InfoSend Data Processing, Print and Mail Pricing
Document Production Summary
SNL — Notice of Dog Licensing Fee
$0.1706 per document
2/1 print, recycled letter size paper, recycled #10,
standard #9,
SNR — Rabies Reminder Notice
$0.1500 per document
1/0 print, recycled letter size paper, recycled #10,
standard #9
SN9 — Inspection Fee Letter
$0.2541 per document
2/1 print, letter size standard paper, standard #10,
standard #9
SNT — Business License Tax
$0.2323 per document
1/1 print, letter size standard paper, standard #10,
standard #9
SNN — Estimated Business License Tax
$0.2360 per document
1/1 print, legal size standard paper, standard #10,
standard #9
SNF — Annual Paramedic Subscription
$0.1223 per document
2/0 print, letter size standard paper, standard #10,
standard #9
SND — Municipal Utility Services Statement
$0.0720 per document
Data Processing only job
SNC — Municipal Utility Services Statement
$0.1618 per document
2/1 print, legal size recycled paper, standard #10,
recycled #9
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 table provides the components of the summary price given above. All pricing is based on "Client Volume Assumptions " listed
below and excludes applicable sales tax.
Data Processing and Service Fee
Data Processing Fee (per document), all document types $0.0100
Monthly DPPM platform fee $250.00
InfoSend Exhibits to MSA
Rev. 01.28.2021
Printing and Mailing Service
SNL — Notice of Dog Licensing Fee
$0.1000
2/1 print, recycled letter size paper
SNR — Rabies Reminder Notice
$0.0794
1/0 print, recycled letter size paper
SN9 — Inspection Fee Letter
$0.2069
2/1 print, letter size standard paper
SNT — Business License Tax
$0.1751
1/1 print, letter size standard paper
SNN — Estimated Business License Tax
$0.1751
1/1 print, legal size standard paper
SNF — Annual Paramedic Subscription
$0.0804
2/0 print, letter size standard paper
SND — Municipal Utility Services Statement
$0.072 (inclusive of all data
Data Processing only job
processing fees)
SNC — Municipal Utility Services Statement
$0.0856
2/1 print, legal size recycled paper
USPS Postage
Pass -through
A postage deposit will be
required prior to starting service.
Batch Fee (per mailing batch under 200 mail pieces)
$5.00
Excess Pages Handwork Surcharge (per mail piece)
$0.35
Address Updates
$0.50 NCOA
$0.50 ACS
Materials
Standard Letter Size Paper Stock — 8.5" x I I" (per sheet)
$0.0154
Standard Legal Size Paper Stock — 8.5" x 14" (per sheet)
$0.0190
Standard Outgoing #10 Envelope *
$0.0164
Standard Return #9 Envelope *
$0.0154
Outgoing Flat Envelope — used for mail pieces with excess
pages
$0.1700
Insert Services
InfoSend Produced
Quoted based on specification
Envelope Messaging (Snipes)
Quoted based on specification
Electronic Inserts
$0.01 per insert
Inserting Fee
$0.01 per insert
Optional Document Services
Professional Services Rate (per hour)
$175
Returned Mail Handling
$0.50 per reported returned
mail piece
Remit Tracking
$100 monthly support fee
InfoSend Exhibits to MSA
Rev. 01.28.2021
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.
Client's current postage deposit on hand is $13,040.00.
Section 3.4. Receivables Finance Charge
InfoSend applies a past due finance charge of 0.5% per month for receivables past due based on the Client's payment terms.
Note:
* - SFI® (Sustainable Forestry Initiative) Certified Paper Envelopes: for all clients that use standard envelopes, InfoSend's
standard double window #10 and single window #9 envelopes are sustainably produced and are provided at no additional cost to
clients. The Sustainable Forestry Initiative ensures materials are sourced from sustainably managed forests. Please visit
www.s 1program.org or more information.*
InfoSend Exhibits to MSA
Rev. 01.28.2021
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 Santa Ana ("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:
• Project requirements gathering and analysis hours
• Project management and/or consulting hours
• Software development and system configuration hours related to the processing of Client's data
• Software development and system configuration hours related to document design, web portal setup, business rule
configuration, or any other applicable technical services
• Application testing and deployment hours
Section 3. Professional Services Fee and Process for Approval and Payment of Fee
The current Professional Services Fee is $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:
• 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. 01.28.2021