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HomeMy WebLinkAboutItem 25 - Enhanced Electronic Billing and Payment ServicesFinance and Management Services www.santa-ana.org/finance Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 4, 2024 TOPIC: Enhanced Electronic Billing and Payment Services AGENDA TITLE Second Amendment to Agreement with Invoice Cloud, Inc. for Enhanced Electronic Billing and Payment Presentation Services, Debit/Credit Card and Electronic Check Merchant Payment Processing Services, and Payment Kiosk Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a second amendment to the agreement with Invoice Cloud, Inc. to extend the contract's current term through December 31, 2025, with optional extensions, in an amount not to exceed $1,427,800, including a contingency of $129,800 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City provides a variety of payment options for numerous programs, including, but not limited to, the following: Municipal Utility Services (MUS), Business License Tax, Paramedic Subscription, and Proactive Residential Enforcement Program (PREP). Santa Ana residents and customers are able to locate, view bills, and submit payments online by using debit/credit cards and electronic checks via Invoice Cloud's payer portal. In addition, Invoice Cloud also provides the City with walk-up kiosk payment services through their partnership with Kiosk Information Systems, Inc. This kiosk is presently located just outside the main lobby of City Hall. To permit electronic payments for multiple programs, Invoice Cloud was integrated with several heavily -used data systems, including enQuesta, the City's customer information and utility billing system, and iNovah, the City's point -of -sale and revenue management software. Each data system requires unique connections and pathways to communicate seamlessly with Invoice Cloud. As a result, the cost to replace Invoice Cloud with an equivalent Electronic Bill and Payment Presentment (EBPP), online payment, and kiosk software service provider at this time would incur substantial expenses to the City. Therefore, to avoid disruption of current services, staff recommends amending the current agreement with Invoice Cloud to align the contractual terms with those of the integrated data systems. Enhanced Electronic Billing and Payment Services June 4, 2024 Page 2 Staff will execute competitive searches in the future as the contracts for data systems expire. If the City Council amends the agreement for Invoice Cloud to align with those contracts, staff will also execute a parallel competitive search for similar EBPP, online payment, and kiosk software services in the future. Furthermore, additional software options may become available depending on the City's future ERP system. The procurement process for the ERP system is still underway. FISCAL IMPACT Funds for this second amendment to agreement are included in the draft FY 2024-25 budget for City Council consideration (FMSA Treasury and Customer Service Contract Services Account No. 01110130-62300). Funding for future years will be included in proposed budgets for City Council consideration as follows: Accounting Accounting Unit FY Unit - Fund - Accounting Max Account Description No. Description Amount No. 01110130- General Contract 2024-25 Services $200,000 62300 Fund Professional 01110130- General Contract 2025-26 Services $200,000 62300 Fund Professional 01110130- General Contract 2026-27 Services $200,000 62300 Fund Professional 01110130- General Contract 2027-28 Services $200,000 62300 Fund Professional 01110130- General Contract 2028-29 Services $200,000 62300 Fund Professional 01110130- General Contract 2029-30 Services $100,000 62300 Fund Professional 01110130- General Contract 2024-29* Services $198,000 62300 Fund Professional 01110130- General Contract 2024-29** Services $129,800 62300 Fund Professional *Kiosk lease for 66-month period Total: **Overall General Contingency $1,427,800 Enhanced Electronic Billing and Payment Services June 4, 2024 Page 3 EXHIBIT(S) 1. Invoice Cloud, Inc. Second Amendment to Agreement Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Alvaro Nunez, Acting City Manager EXHIBIT 1 SECOND AMENDMENT TO MERCHANT PROCESSING RENEWAL AGREEMENT THIS SECOND AMENDMENT TO MERCHANT PROCESSING RENEWAL AGREEMENT ("Amendment") is made and entered into on this 21 st day of May, 2024 by and between Invoice Cloud, Inc., a Delaware corporation ("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 ("City"). City and Consultant shall herein collectively be referred to as "the Parties". RECITALS A. The Parties entered into a Merchant Processing Renewal Agreement (#A-2018-247) on October 16, 2018 ("Agreement") for Consultant to provide services for payment processing and electronic and enhanced bill presentment and payment and Consultant agreed to perform such services for City with respect to Business License Tax accounts, with provisos for the extension of Consultant's service to Municipal Utility Services and Dog License accounts. B. On February 18, 2020, the Parties entered into a First Amendment to the Agreement (#A- 2020-028) to amend the scope of services, increase the overall compensation amount, and extend the term of the Agreement until June 30, 2024. The Agreement, as amended, is current and in effect. C. Invoice Cloud services provides the City with simple and secure electronic bill presentment and online payment services that encourage electronic payments for the residents of Santa Ana via Invoice Cloud's payer portal and walk-up kiosk payment services through their partnership with Kiosk Information Systems, Inc., located in the main lobby of City Hall. D. Invoice Cloud services are now integrated with several heavily -used third -party data systems, including enQuesta, the City's customer information and utility billing system and iNovah, the City's point -of -sale and revenue management software. These applications, along with OpenEdge, InfoSend, and Selectron all utilize Invoice Cloud Services for the City. The agreements, for each third -party vendor detailed in this paragraph, run through December 31, 2025 with options to extend each third -party agreement through December 31, 2029. E. Transition to a new system, readily available to integrate with the current third -party systems, along with disruption of services to Santa Ana residents would incur substantial expenses to the City. The parties agree that a second amendment of the Agreement serves the best interests of the residents and customers of the City of Santa Ana. F. The Parties now desire to amend the Agreement to extend the term of the Agreement consistent with the terms provided for the third -party agreements, described above, and increase the total compensation to cover the extended term for services to the City. 1 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. Section 2, COMPENSATION, is amended to increase the total amount to be expended for the remainder of the term of the Agreement to $2,627,800. The compensation amount of the Agreement shall be increased by $1,427,800. This amount includes a base amount of $1,100,000 for yearly services through the remainder of the term; monthly rental costs for the walk-up kiosk; and $129,800 for merchant processing contingency charges as detailed in the annual amounts and costs defined below: Contract Term Period Annual Fiscal Year Period July 1, 2024 through June 30, 2025 July 1, 2025 through June 30, 2026 July 1, 2026 through June 30, 2027 July 1, 2027 through June 30, 2028 July 1, 2028 through June 30, 2029 July 1, 2029 through December 31, 2029 Kiosk 66-Month Rental Merchant Processing Contingency Contract Term Period Annual Compensation Amount $200,000 $200,000 $200,000 $200,000 $200,000 $100,000 $198,000 $129,800 Total: $1,427,800 "Merchant Processing Contingency" shall be deemed to be that certain amount available to cover annual merchant processing charges that may occur above the Annual Compensation Amount during any portion of the Term of this Agreement due to variability in the number of actual annual merchant processing transactions versus anticipated annual transactions. 3. Section 4, TERM, is amended to extend the term of the Agreement through December 31, 2025, with the option for the parties to extend the Agreement for an additional four (4) one-year renewals through December 31, 2029, by a writing executed by the City Manager and the City Attorney. 4. Except as hereinabove modified, the terms and conditions of said Amendment, as amended, remain unchanged and in full force and effect. [signature page to follow] 2 SIGNATURE PAGE TO SECOND AMENDMENT TO MERCHANT PROCESSING RENEWAL AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA: Alvaro Nunez Acting City Manager INVOICE CLOUD, INC.: Andrea Garcia -Miller By: Kevin O'Brien Assistant City Attorney Title: CEO RECOMMENDED FOR APPROVAL: Kathryn Downs, CPA Executive Director & City Treasurer Finance and Management Services Agency 3