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HomeMy WebLinkAbout25H - AGMT - BILL PRINT SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AGREEMENT FOR BILL PRINT SERVICES WITH INFOSEND, INC {STRATEGIC PLAN NO. 7, 5F} CITY MANAG IJ*&]i!ihvi1- ►ID144:% III CG7►1 CLERK OF COUNCIL USE ONLY: UT100401411 1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with InfoSend, Inc. ( "InfoSend ") extending the contract term through June 30, 2016, with the option to extend an additional year (July 1, 2016 to June 30, 2017) upon a written request executed by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. The extension of the agreement through June 30, 2016 totals $570,000 for various bill print services including mailings related to Water Conservation and Water /Sewer Rate Adjustment notices. DISCUSSION The Treasury and Customer Service Division ( "Treasury") is responsible for the billing and payment processing for Municipal Utility Services accounts, Paramedic Subscription Services, Dog Licenses, and Business License Taxes. On February 20, 2007, the City Council approved an agreement with InfoSend, Inc. for bill printing, mailing and Electronic Bill Presentment and Payment Services ( "EBPP "). InfoSend was determined to be the most cost - effective method for printing of all Municipal Utility Service ( "MUS ") bills as well as processing e- payments. Since fiscal year 2006 -07, Treasury, through InfoSend, has taken advantage of EBPP technology to provide alternative service delivery process improvement options to customers relating to bill presentment and payment. Bill print services utilizing EBPP include but are not limited to the following: printing, processing and mailing, and electronic bill presentment and payment services. In addition, the services encompass the following City Operations: Municipal Utility Services, Dog License, Paramedic Subscription Services, and Business License and include miscellaneous mailings of associated notices, advisories, form correspondence, City newsletters, and in the case of Municipal Utility Services and Dog Licensing, on -line bill payment. 25H -1 Agreement for Bill Print Services with InfoSend, Inc. June 16, 2015 Page 2 The original contract cap for bill print services has now been exceeded, due primarily to the need for mass mailings by the Public Works Agency to comply with the State of California Executive Order, issued by Governor Jerry Brown, related to the Emergency Drought Conditions and notification to customers regarding the City's Water /Sewer Rate adjustments. The Executive Order requires agencies to provide users information regarding conservation, water usage and enforcement. As a result, anticipated expenditures for bill print services are estimated at $195,000 through June 30, 2015. Since notices and advisories relating to water conservation will continue in fiscal year 2015 -16, staff recommends the extension of the agreement through June 30, 2016, for the total amount of $570,000. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal No. 7 Team Santa Ana, Objective No. 5F (Explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT 1. Funds up to the amount of $195,000 are budgeted and are available in fiscal year 2014 -15 on an allocated basis in various departmental accounts as follows: • Finance and Management Services Agency for the amount of $105,400 (account no. 01110130 - 62300) • Public Works Agency for the amount of $87,000 (account no. 06017644 - 62300) • City Manager's General Non - Departmental Account for the amount of $2,600 (account no. 01105015 - 62300) 2. Funds in the amount of $375,000 for fiscal year 2015 -16 will be budgeted and available, upon Council approval of the fiscal year 2015 -16 budget, and for fiscal year 2016 -17 upon exercise of the one year extension option to the contract on allocated basis as follows: • Finance and Management Services Agency for the amount of $225,000 (account no. 01110130- 62300) • Public Works Agency for the amount of $129,000 (account no. 06017644 - 62300) • City Manager's General Non - Departmental Account for the amount of $21,000 (account no. 01105015- 62300) 25H -2 Agreement for Bill Print Services with InfoSend, Inc. June 16, 2015 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gut rrez Executive Director Finance & Management Services Agency �/ .r Fr id Mousavipour Executive Director Public Works Agency Exhibit 1 Agreement Exhibit 2 InfoSend - Response to City of Santa Ana Request for Proposal Exhibit 3 State of California Executive Order B -29 -15 WH 25H -3 25H -4 CONSULTANT AGREEMENT THIS AGREEMENT, dated as of this 17th day of June 2015 by and between 1nfoSend, 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 "). 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, and Dog License bill printing and mailing services as well as Municipal Utility Services and Dog License electronic bill presentment and payment processing services from Consultant prior to the date of this Agreement and intends this Agreement to cover services commencing as of March 1, 2015, and City intends that any unpaid sums receivable by Consultant for prior period services commencing February 28, 2014 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, as set for the in City RFP for Utility Bill Printing & Mailing Electronic Bill Presentment and Payment Services, on file at the City's Treasury and Customer Service Division and incorporated by this reference, and Consultant's Proposal for Utility Bill Printing and Mailing, attached as Exhibit A to this Agreement. a. Processing, Printing and Mailing (PPM) Services. The paper bill processing, printing and mailing (PPM) process consists of processing data, address validation and POSTNET 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; penalty and /or collection notices, associated form correspondence, other miscellaneous notices and advisories including water conservation program notices, paramedic subscription notices, and City newsletters; (2) Business License Tax bills, renewal statements, certificates and licenses, penalty /and or collection notices, associated form correspondence, and other miscellaneous notices and advisories; (3) Dog License Bills, Exhibit 1 25H -5 certificates and licenses, penalty /and or collection notices , associated form correspondence, and other miscellaneous notices and advisories. b. Basic Electronic Bill Presentment and Payment (EBPP) Services. Basic Electronic Bill Presentment and Payment (EBPP) services consists of: (i.) presenting Municipal Utility Services bills online and accepting payment transaction information to facilitate ACH or credit card payment; and (ii.) presenting Dog License bills online and accepting payment transaction information to facilitate ACH or credit card payment. c. Enhanced EBPP Services for Municipal Utility Services Billing. During the Term of this Agreement and any extension hereto, but beginning not sooner than January 1, 2016, Consultant upon ninety (90) days prior written notice by the City's Executive Director of Finance and Management Services, shall provide enhanced EBPP services including EBPP portal with real -time account balance pull and real -time payment posting to System & Software, Inc.'s enQuesta CIS (any version) and Single Sign. -on (SSO) capabilities with System & Software, Inc.'s WebConnect postal. Whereupon City shall have the right to continue Consultant's Basic EBPP services for Municipal Utility Services Billing on a month -to -month basis and terminate the Basic EBPP portion of the Agreement in connection with Municipal Utility Services Billing, with no termination penalty or fees by providing fifteen (15) days written notice of its intent to terminate said Basic EBPP portion of the Agreement. d. Consultant's Right to Assign Enhanced EBPP Services for Municipal Utility Services Billing. Consultant may, upon written approval of the City's Executive Director of Finance and Management Services, assign, transfer, delegate, or subcontract the provision of Enhanced EBPP services to another City approved consultant retained to provide such Enhanced EBPP services and EBPP portal e. City's right to bifurcate agreement and terminate PPM 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, 2016, City may upon ninety (90) days prior written notice by the City's Executive Director of Finance and Management Services, terminate PPM and Basic EBPP services for Dog License billing. Whereupon City shall have the right to continue Consultant's PPM and Basic EBPP services for Dog License Billing on a month -to -month basis and terminate the PPM and Basic EBPP portion of the Agreement in connection with Dog License Billing, with no termination penalty or fees by providing fifteen (15) days written notice of its intent to terminate said PPM and Basic EBPP portion of the Agreement. 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 A. The total sum to be expended under this Agreement shall 25H -6 not exceed $195,000.00 for the initial Agreement period covering March 1, 2015 and ending June 30, 2015, including any unpaid sums receivable by Consultant for prior period services commencing February 28, 2014, and shall not exceed $375,000.00 for the annual fiscal year beginning July 1, 2015 and ending June 30, 2016, and thereafter shall not exceed $375,000.00 for any optional annual extension of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. c. The printing and mailing unit prices quoted in Consultant's Response to City of Santa Ana Request for Proposal incorporated herein as Exhibit A may increase after the conclusion of the initial Agreement period covering March 1, 2015 and ending June 30, 2015, and at the commencement of any successive one -year terms if the costs of materials increases. Any such unit price increase will be no more than the preceding annual CPI percentage change for the State of California as measured beginning with the calendar year ending December 31, 2014. Consultant shall notify City by June 30, 2015 and at least thirty (30) days prior to any successive one -year terms if any such price increase is instated. d. City shall be responsible for payment related to United States Postal Service postage including rate increases. City will be invoiced by Consultant for postage including the amount charged for overweight and foreign mail. 3. TERM This Agreement shall cover the period of March 1, 2015 through June 30, 2016 unless terminated earlier in accordance with Section 12, below. The Term of this Agreement may be extended for one additional year upon a writing executed by the City Manager and City Attorney. 4. 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. 5. 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: 25H -7 a. Due to the nature of the services provided, commercial general liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. 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 or indirect 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 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. 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 25H -8 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. 8. 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication 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 sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 Francisco Gutierrez Executive Director, Finance & Management Services City of Santa Ana 20 Civic Center Plaza (M17) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714 - 647 -5414 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 Facsimile: 714- 647 -6515 25H -9 To Consultant: Russ Rezai InfoSend, Inc. 4240 E. La Palma Anaheim, CA 92807 Facsimile: 714- 993 -1306 Email: russ.r @infosend.com A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. 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. 11. 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) 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: 25H -10 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. 13. 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. 14. 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. 15. 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25H -11 IN WITNESS WHEREOF; the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa t(z Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director of Finance and Management Services CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT InfoSend,Inc. RUSSREZAI Chief Operating Officer Tax ID # 363 - 0748516 25H -12 EXHIBIT A InfoSend Response- 12/29/2006 Zvfmfend,..�� Data Processing - Statement Printing & Mailing • E- Biiling RESPONSE TO: City of Santa Ana Request for Proposal UTILITY BILL PRINTING & MAILING, ELECTRONIC BILL PRESENTMENT AND PAYMENT SERVICES Company Name InfoSend Inc, Contact Name Russ Rezai Contact Title V.P. of Development Phone (714) 525 -8600 Fax (714) 446 -1482 Email russ.r@infosend.com City of Santa Ana Contact: Christine C. Calderon Treasury Manager P.O. Box 1964 20 Civic Center Plaza, M14 Santa Ana, CA 92701 Telephone: 714- 647 -5335 Exhibit 2 25H -13 1 InfoSend Response — 12/2912006 December 29, 2006 Utility Bill Printing and Mailing City of Santa Ana Purchasing Division P.O. Box 1964 20 Civic Center Plaza, M16 Santa Ana, CA 92701 Re: Utility Bill Printing & Mailing Electronic Bill Presentment & Payment Services To Christine Calderon: Thank you for this opportunity to submit the enclosed proposal for Utility Bill Printing & Mailing Electronic Bill Presentment & Payment Services. The aforementioned proposal contains a detailed response as to how InfoSend, Inc, will provide efficient, reliable, and secure services for a low per bill cost. InfoSend has the experience and systems to meet or exceed all of the requirements as described within the RFP. We have been providing bill printing and mailing services since 1996 and are very interested in serving the City of Santa Ana. InfoSend has a strong presence in Orange County and is located less than 10 miles from the City of Santa Ana on Civic Center. This ensures that the City's customers will receive mail processed by InfoSend as quickly as possible. It also gives the City the ability to drive any last minute inserts or data media to InfoSend should its internet connection go down. InfoSend can provide every service option requested by the City of Santa Ana. InfoSend currently services over fifty cities and other utilities located in California. InfoSend's quality of service is simply exceptional — we have never lost a utility client due to lack of performance or pricing. InfoSend once had a utility client who stopped billing its customers directly; the billing was transferred to the county property tax roll. This is the only utility client ever to leave InfoSend and hopefully this should speak volumes about our quality of servicel Proposal Contact Information: Contact: Russ Reza!, VP of Development E-mail: russ.r @infosend.com Toll Free: 800.955.9330 Fax: 714.446.1482 Address: 1041 S. Placentia Avenue, Fullerton, CA 92831 I will be the primary contact person for this RFP. Please contact me with any questions or clarifications pertaining to this proposal. I certify the accuracy of this proposal and acknowledge InfoSend's agreement to be bound by and in compliance with the terms and conditions for a period of (90) days effective as of December 29, 2006. Respectfully, Russ Reza! VP of Development 25H -14 2 InfoSend Response— 12/29/2006 REQUIREMENTS AND SCOPE OF WORK A. General Requirements: EBPP 1, This requirement is met. The City will choose what it wants to call the EBPP application and add a button /link to www.ci.santa- ana.ca.us to give customers access to it. Once clicked, this link will take the customer to the EBPP portal that InfoSend will host. 2. This requirement is met. InfoSend will match the "look and feel" of the City's current site. 3. This requirement is met. InfoSend's technical team has reviewed the Section 508 standards and they are already compatible with our EBPP programming methods. 4. This requirement is met. All information is confidential and protected. User passwords are stored using a one -way hash and cannot be read by anybody. The application is hosted by physical three -tier layer architecture. The presentation server, the application server, and the database server are separated onto different physical networks. Users can only connect to the presentation server over 128 -bit SSL in order to ensure that all information passed from the customer to the application is encrypted. Anti -fraud features such as Address Verification Service (AVS) and Credit Card Security Coding (CSC) are used when payment transactions are processed. Unauthorized users cannot access utility account data, bank account or credit card numbers, or other payment information. The data that InfoSend transmits to its payment processors is encrypted. Industry standard security methods safeguard data and external site monitoring scans for open ports or other security issues. Proper access control methods insure that internal users can only access the data relates to their job functions. While InfoSend uses the Windows operating system for internal processing, the EBPP application itself is hosted on Red Hat Enterprise servers. InfoSend elected to use this operating system for its web hosting because independent studies have shown it to have less critical security flaws than Windows has had over the years. Physical facility security measures are in place to prevent unauthorized access to data. Security cards /tokens are required to enter the building. Visitors must be signed in before entering. All servers are centrally located and only authorized staff members can access them. The City can choose between many security options to protect customer data: a. To enroll for the EBPP service customers can be forced to enter more than just their account number (which is the basic requirement). The City can choose additional data fields — like previous bill amount. b. The City can choose to use security certificates on outgoing emails. This will allow the customer to verify that the email came from the City's EBPP application. c. The City can choose to simply email its customers a link to the EBPP portal to view the newest online bill, or it can email the bill itself. Encryption can be used to ensure that the emails are only accessible by the customer who enrolled for the service. 25H -15 3 InfoSend Response — 12/29/2006 5, This requirement is met. The bill images will be reproduced in their current form. This requirement is met. InfoSend will sign the indemnification agreement. In InfoSend's view this patent is overly broad and will eventually be overturned. The patent is for the process of EBPP, not a specific software solution that relates to it. Emergis no longer offers an EBPP solution. The patent has been challenged in the United States District Court for the District of Kansas. The court issued a "claim construction order" that limited the scope of the patent to exclude bitters who use third parties to offer EBPP to their customers. Text from: www.energypulse. net / centers / article /article _ display.cfm ?a_id =1385 Up until now, a bone of contention in the interpretation of the patent was whether it covers EBPP systems that use third -party EBPP service providers such as PayPal or Check [Free. Emergis asserts that it does. However, on September 14, 2006, the United States District Court for the District of Kansas issued a "claim construction order" in the case filed by Emergis against cable TV company Cable One, Inc. in which the court determined the meaning and scope of certain terms used in the claims of the `362 patent. "in basic terms, the claim construction order says the '362 patent does not cover any third -party system where the payment instructions are sent from the consumer to a third - party EBPP service provider as opposed to going directly to the biller," says Griffin. "This is a significant blow to Emergis's licensing campaign. Up to this point, Emergis has argued that a utility using a third -party EBPP service provider infringes the `362 patent if their customers do not realize when they have left the utility's Web site to pay their bill at the third -party service provider's Web site, especially where the third -party service provider's site locks like the utility's Web site." This requirement is met. In addition to this, InfoSend will provide the City with round the clock support for critical issues. InfoSend offers standard customer support, 8 a.m. to 5 p.m., to all customers. An after -hours support number will be provided to the City and can be used 7 days per week, 24 hours per day, 365 days per year. When this number is called the City will receive a response from an InfoSend technical representative within 4 hours. This extended support is currently provided to clients like the City of Anaheim who have data processing operations that run 24 hours per day. B Requirements: Product Development and Ongoing Maintenance 1. This requirement is met. EBPP functionality and processes will be developed by and hosted by InfoSend. 2. This requirement is met. InfoSend will be will be responsible for customer authentication, payment authorization, security, error processing, and reports. Customer support is normally handled by providing a webpage for City customers to fill out when they have question. An email is then immediately sent to a specified City address to communicate the question and a copy is sent to the customer. If the City wishes the email to be sent to InfoSend instead and for InfoSend to contact the customer this can be done as well. 25H -16 4 InfoSend Response - 12/29/2006 However, it is usually better for the City to contact the customer because it has access to the full utility billing system. This requirement is met. InfoSond will format flies to work with the City's system. Files can be emailed to City or posted on a secure website for download. They can also be PGP encrypted and placed on InfoSend's FTP server for automatic retrieval by the City. 4. Both requirements are met. InfoSend can develop and host the presentation functionality and provide the payment functionality. InfoSend's has successfully integrated its presentation system with three different online payment processing platforms and will integrate with the City's current credit card processor for this application. Transactions are securely processed and if a payment error occurs InfoSend emails the customer to inform him or her to review their payment profile setup and retry the payment. C. Requirements: Bill Presentation 1. Provide the ability to display, by customer: a. This requirement is met. b. This requirement is met. EBPP application displays payment history. If City wants to show offline payments it can transmit a payment history file to InfoSend or provide a web service to query this data. c. This requirement is met. Consumption history will be pulled from the data that the City sends to InfoSend. 2. This requirement is met. 3. This requirement is met. If the bill is presented in HTML format it can be printed. A link is provided to show just the bill in the browser so that the page navigation does not print. If the bill is pulled from the City's archive in PDF format then the PDF can also be printed. 4. This requirement is met. City can choose if it wants the graph to be embedded on the electronic statement Itself or linked to. If it chooses the second option the link can open in a new window, or replace the window contents with the graph. Additionally, the graph can be hidden on the electronic statement itself and once the link is clicked the statement will expand in size and the graph will be shown. This requirement is met. The EBPP portal will allow the customer to turn off paper bill delivery. This information will be transmitted back to the City so that the customer account can be flagged properly. 6. This requirement is met. The bills will be posted to the website the same day that they are mailed. The City can choose whether or not it wants to see samples of the online bills before they are presented to the customers. This requirement is met. An email will be sent to the customer each time a bill is available for viewing and payment that contains a link to the EBPP portal. The city can also choose to email the bill itself to the customer. This is a very unique feature that 25H -17 InfoSend Response — 12/29/2006 InfoSend has and to the best of our knowledge it is not something that all vendors can provide. 8. This requirement is met. D. Reguirements: Bill Payment 1. InfoSend can report the payments to the City the same day they are received or the next day when they are settled. 2. This requirement is met. The City can make it clear to customers via the printed notices, online bill, and online web pages that the customer must initiate an online payment by a certain time to avoid a disconnect. While InfoSend can present final notices online it normally recommends that these be sent via regular mail to avoid last minute payments through the EBPP system that will not meet the cutoff time for that day. It is better for these customers to call the City's customer support and have the payment entered via InfoSend's CSRPay virtual terminal. This way the CSR is aware of the payment and the City can also choose to only allow credit card payments to avoid disconnects. InfoSend understands that some customers will ignore instructions and initiate payments through the EBPP system prior to shutoff. If the City performs customer shutoffs at the same time each week then a report can be sent to the City prior to this time that lists all payments attempted in the previous 24 hours. The City can then investigate these payments before the customer is shutoff to see if the customer made a genuine attempt to pay their balance. The report contains the payment amount so that the City can see if the customer simply paid a small portion of their balance to avoid shutoff. The delinquent customer process can be customized to suit the City's unique needs. InfoSend also provides a CSR portal for the City to investigate actions that the customer has taken. 3. This requirement is met. InfoSend can develop a feature into the EBPP portal for customers who have been disconnected and want to reestablish service. A separate payment page can be provided for disconnected customers. Any time a customer makes a payment using this page an email will immediately be sent to the City so that it can review the payment amount and reestablish service. 4. This requirement is met. InfoSend can report payments to the City in a variety of ways. Any payment can be reported, even if it has not cleared yet. A CSR portal allows the City to view any payments that have been submitted on- demand. 5. This requirement is met. InfoSend has met with the City's current credit card processor to ensure that their platform is compatible with our EBPP system. Both EPX and InfoSend have had an opportunity to ensure that each party can work with each other. 6. Credit Card Payments: a. This requirement is met. The VISA and MasterCard cards are both accepted. The City can later choose to offer other card types as well. The City can choose to set a maximum payment amount for credit card payments to reduce the fees 25H -18 InfoSand Response— 12129/2006 paid to the card vendors. In addition to this the City will receive the utility rate discount for credit card payments. b. This requirement is met. InfoSend's EBPP application includes a CSR portal that allows City staff to perform a variety of functions. The City can choose to give its CSRs the ability to initiate payments on the customer's behalf. If the customer had previously entered his or her credit card number into the system then the CSR will not be able to view the entire number as it will be truncated for security reasons. But the CSR can still initiate a payment on the customer's behalf. If the customer had not yet setup a payment profile then the CSR can do it for the customer and initiate payment. The CSR can even enroll the customer for EBPP if this has not been done yet. In addition to this, the City can also use InfoSend's payment -only application (QuickPay) to initiate credit card or ACH (bank draft) payments for customers who do not wish to enroll for EBPP. If a CSR simply wants to initiate a one -time payment for a customer without walking to a credit card machine or enrolling the customer in EBPP then this application is a fast and simple way to initiate the payment. The process is faster, easier, and more secure than the credit card machine while also allowing bank draft payments. c. This requirement is met. i. It is understood that recurring payment amounts will vary each month. The EBPP system supports this feature. ii. The payment threshold amount is a feature supported by the EBPP system. The City can choose a max amount or let customers choose that amount. Not Applicable - InfoSend is able to process recurring payments based on the requirements above. 7. Bank Draft Payments a. This requirement is met. InfoSend uses the acronym ACH to describe bank draft payments. Electronic bank draft payments are processed through the Automated Clearing House (ACH) network. This is the most common and cost efficient method to process electronic bank payments. The City can set a maximum amount for ACH payments. b. All requirements are met. Automatic ACH payments are handled in the same way that automated credit card payments are handled. Please see section 6(c) for more information. Some of InfoSend's clients choose to only offer automatic ACH payments and do not offer automatic credit card payments. This saves the biller a considerable amount of money because unlike credit cards, ACH payments do not incur a percentage -based fee. c. Not Applicable - InfoSend is able to process recurring payments based on the requirements above. D. Requirements: Future phases of Web Services Implementation 25H -19 InfoSend Response— 12128/2006 Allow customers to request services or programs interactively on the website. The functionality should ensure that required information /fields are populated, editable, and secure. Examples of online interaction are as follows: a. Account Changes: much of this is already provided in InfoSend's standard EBPP implementation. Customers can choose to change any of the following data elements that are stored in the EBPP database: I. Account Password ii. Email Address iii. Phone Number iv. Physical Address v. Turn Paper Statement Delivery On or Off (unless the City chooses to force all EBPP customers to forego paper statements). vi. Which Accounts are Enrolled — Customers can add additional accounts to one user ID in the EBPP system. The standard method of allowing customers to change account settings is to design web forms that the customer can submit to make changes. The City can choose to have InfoSend pre - populate the customer's current data into some of the text fields so that the customer can see what he or she the current data before making a change. InfoSend can report the changes to the City in an emailed report or by posting the data to a secure website for download. InfoSend can format the report to match the delimiter type and column layout used by its CIS system so that the data can be automatically uploaded to the system. InfoSend will not charge the City to develop or maintain these forms. If the future phase website features require that an HTML formatted document be created and stored in the EBPP system archive then a transaction fee will be charged for each document created, that is equal to the normal bill presentment fee. An example of a web form is provided on the next page: 25H -20 InfoSend Response — 12/29/2006 User Settings Keep Receiving Paper Statements Please choose whether you would like to contAplue receiving paper statements. If you choose this option, you will receive both an a -rnill copy of your statements and a paper copy. You will be: able to review your statements and payment history by lagging Into this site. If you do not: choose this option, paper statements will stop and you VIII only receive your .statements via e-mail and by lodging Into this site. Dj d:e'ckir._p tI,ul te:e, yc, aril I car.brua rcoL!jvinp pip ^r stiI :crr �r tr,, Subscriber ACCOU13t: gl34aCfal}CNQD D-! u Current Email Address„ onlinebiller@yalioo.com New Email; Confirm New Email- 9UBF9dT. x. S Confirm New Password r Title,: First Namae,i Russ Last Name: Ream T— Street Address. I041 S Placenta Aire City= F;1 For—toll- State: California ". zlp'Code'. J2.8 1 Phone (';715 }':,25 LL. 8600 SU ®h91T ', 11 Example of Web Form for Customer Account Settings Changes I 25H -21 9 InfoSend Response — 12/29/2006 b. Turn -off Request: This will be provided to the City at no additional cost. InfoSend can design a web form like the one showed in 1(a) above. Or if the City would prefer to give the customer a PDF file to print and fill out or fill out electronically this can also be done. c. Applications for Programs: This will be provided to the City at no additional cost. InfoSend can design a web form like the one showed in 1(a) above. Or if the City would prefer to give the customer a PDF file to print and fill out or fill out electronically this can also be done. d. Request Payment Arrangement: This will be provided to the City at no additional cost. 2. Provide a link to monthly bill inserts: a. This is a standard feature of InfoSend's EBPP service. The City can submit PDF files to be uploaded to the Inserts page. b. This requirement is understood and acceptable to InfoSend. The City can email the insert PDFs and their usage dates to InfoSend. Or it can upload them using the online Insert Manager that InfoSend has built to track and manage physical and electronic inserts. This is especially useful for inserts that do not run for a complete calendar month. 3. InfoSend can customize its system to extend web services functionality to other City services. The City can provide the project specs and InfoSend will return a programming quote. The programming fee is $130.00 per hour. InfoSend can develop web applications rapidly, keeping the number of hours down. 25H -22 10 InfoSend Response — 12/29/2006 SECTION II SPECIFICATIONS CHECKLIST Please respond fully to each item. Omissions and /or incomplete answers may be deemed unresponsive. II.A, GENERAL REQUIREMENTS Please respond as Indicated below. Any responses other than "MEETS" should have attached explanation and unit cost associated with meeting the requirement should be stated on the applicable attachment. MEETS - System Currently Meets Requirement. PARTIALLY MEETS Meets Some But Not All NO Does Not Meet FUTURE ENHANCEMENT Provide Release Date 25H -23 11 Meets Partially Does not Future ID Meets Meet Enhancement GENERAL REQUIREMENTS — EBPP GR -1. Customers will access all EBPP options via a X link on the City's existing webslte. OR-2. The EBPP webslte will have the same "look X and feel" as the City's current site. GR -3. The site will be compliant with Section 508. X see www.sectlon508. ov GR -4, The site will work with City's Information X Services website staff. GR -5. Unauthorized users will not be able to access utility account data, bank account and credit X card numbers, and other payment Information. GR -6. All information contained in the transferred files shall be considered strictly confidential and shall not be communicated or disclosed to X any third party or vendor employee not directly involved in performing the tasks required in this scope of work. GR -7. Vendor has ability to interface with the City's existing bill print archive files, or have the X ability to reproduce the bill Image in its current form. OR-8. The vendor is able to provide printing services every business day with the exception of the major holidays (New Year's Day, Columbus Day, President's Day, Memorial Day, X Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the following Friday, and Christmas ja l OR-9, The City has recently become aware of patent #6,044,362 ( "the'362 patent ") held by Emergis Technologies, Inc, Vendor agrees to sign an X indemnification agreement, which would protect the City of Santa Ana from potential patent infringement lawsuits. 25H -23 11 InfoSend Response— 12/29/2006 25H -24 12 Partially Does not Future ID Meets Meet Enhancement 311-10. The vendor shall return, at Its own expense, any and all data furnished by or obtained on E behalf of COSA promptly upon COSA's request whether upon the termination or completion of the contract in whichever form it Is maintained by the vendor. GENERAL REQUIREMENTS — Product Development and Ongoing Maintenance _ GR -11. EBPP Invoices, letters, and collection letters X shall be sent each working da . GR -12. Vendor shall store COSA data securely at least until the successful completion of the X printing /fulfillment process for a given billing run. GR -13. Any decision that may be token to stop or re- do a billing run shall not constitute a need to re -send or re- transmit any part of the data comprising the Input to that billing run. The X method of secure storage shall not impose a delay if it becomes necessary to restart or rerun a QIven billinq stream. GR -14. Describe the processes and /or technologies in place to ensure the security and privacy of X data transmissions. 011 -I5. Vendor must provide pricing far the use of environmentally friendly and recycled products X as well as an other option available. _ STOCK, MATERIALS & PRINT GR -16, Invoices, notices, and letters shall be laser printed using at least two color processes to X highlight logo and key data, with at least 600 x 600 DPI. GR -17. Invoices and notices shall have capability to X print Information on reverse side. GR -18. Vendor must have graphic capabilities to redesign the bill format, including a perforation at the bottom of bill (remittance coupon at X bottom of bill) and an unlimited free form message area. GR -19. Vendor must be able to accommodate multiple bill formats. Bills and notices may be redesigned as part of this Agreement. Pricing should include the cost of initial bill format set up for each format required and for subsequent required changes and redesigns. X Vendor must specify the type of bill or change that might constitute a "new" format. For example, when a meter Is changed In the middle of a billing cycle, two lines of meter reads and consumption data should appear on the bill. GR -20. Vendor must fold and insert statements into window envelopes, along with a return envelope and four (4) 8 % by 3 Y information X inserts which may include one or more multi- page Inserts. GR -21. Vendor must Insert customer bills and inserts In a specified #10 envelope together with the X specified return envelope. 25H -24 12 InfoSend Response — 12/28/2006 25H -25 13 Meets Partially Does not Future ID Meets Meet Enhancement OR-22, Envelopes will either be printed with the COSA logo or have COSA logo displayed through a X window in the envelope. GR -23. Vendor must be able to accept preprinted bill inserts or print the bill inserts. Pricing should be given for both options. If provided by X COSA, inserts will be provided on a bi- monthly basis. GR -24. Vendor must have capability to print and sort pages by OMR, with the capability to handle x multiple pages, intelligent inserting, and messaging capability. GR -25. Vendor will be responsible for storage /warehousing of the forms, envelopes, and monthly Inserts until needed or used. Any x costs or fees must be clearly stated In the vendor's response. GR -26. Vendor must provide sample formats and tests to COSA before the Initial printing and mailing x of the utility bill statements. GR -27. Vendor must describe where and how many x bill messages may be placed on the bill. GR -28. Vendor shall transmit bill files for check and review by COSA daily for the first month of this contract or time established In the agreed upon contract. COSA will approve within the x first few hours of receipt of the files and return for processing the same or next day. Subsequently, selected files may require similar review on an ori-qoinq basis. MAILING & POSTAL REQUIREMENTS GR -29. Vendor must be able to identify multiple statements to the same owner and mailing address, match them, and insert in one appropriate size envelope metered first -class x separately; and delivered to the United States Postal Service at the same time all other bills are delivered. OR-30. Vendor must have capabilities to merge multiple daily bill print files to achieve the best x re -sort postal rate. GR -31. Vendor must have the capability to presort data, add zip code * 4, carrier route, and delivery point barcodo to statement addresses x for statements and presort mail in accordance with the most recent United States Postal Service regulations for 1't class mail. 25H -25 13 I nfoSend Response — 12/2912006 25H -26 14 Meets I Partially Does not Future ID Meets Meet Enhancement GR -32. All bills and designated forms are to be delivered to a Southern California Post Office by 3:30 p.m, the same or next business day following receipt of the printing files. Vendor will notify COSA by noon of that day if there are to be any delays in delivering the bills to the post office. X Mail is currently delivered to the Anaheim Postal Hub at 5:15 p.m. This provides the City with the same mail turnaround that would be achieved If the mail was dropped off at 3:30 p.m, because the mail does not need to be delivered from a local post office to the postal hub. QUALITY GR -33. After bills and forms are printed, a quality inspection will be performed by vendor personnel using, but not limited to the following criteria: 1) No fading of ink on any part of the form, 2) No tears, wrinkles or damage to paper. X 3) No smudges, spots, or specs of Ink on the form. 4) The printing Is to be centered on the form. 5) Acceptable OMR scan mark. Must have an easily readable OCR scan line on bottom of coupon. GIt734. All bills and farms that do not pass the quality _ Inspection shall be reprinted by vendor at no X cost to COSA and be prepared for mailing the same day or as instructed by COSA. GR -35. All documents damaged during any process (printing, Inserting, or vendor handling) shall X be reprinted the same day at ro additional expense to COSA. ELECTRONIC BILL PRESENTMENT AND PAYMENT GR -36. COSA will also be implementing an electronic bill presentment and payment (EBPP) solution X simultaneously to outsourcing the printing and mailing functions with a single vendor for both. GR -37. Customers will access all EBPP options via a X link on COSA's existing website. GR -38. The EBPP website must have the same "look X and feel" as the City's current site. GR -39. The site must be compliant with Section 508. X GR -40. Vendor will send customers, who sign up for EBPP, an e-mail notification alerting them that their bill is ready for viewing. The customer will either click on the e-mail or go to the COSA website to find the link to their bill X image, The bill image will be provided by the vendor. The Image must be printable and able to be exported Into other usable format spread sheets Excel, etc.), and PDFs. 25H -26 14 I nfoSend Response — 12/29/2006 GR -41. The vendor must maintain and archive 24 months of bill images or suggest an alternative. Drill down to historical X consumption and billing and payment information will be provided. GR -42. COSA is able to view all payment transactions processed by the vendor including pending X payments. OR-43. The vendor must be able to identify accounts that will not receive a paper bill. The paper bill X will be suppressed on those accounts. VENDOR MUST BE ABLE TO DEMONSTRATE THE FOLLOWING CAPABILITIES; GR -44. Secure storage and transmission of all transactions sent via the internet using the X most advanced security technology available 128 -bit Encryption) GR -45. Provide the CSRs with all the tools (i.e. reset passwords, add /or remove subscribers, etc.) required to manage /support customer Inquiries. CSRs must have the ability to link by X bill date to the exact bill and search for other bills for that account when in bill viewing screen. GR -46. Extensive array of online reports available In multiple download options and /or viewable within a UI including Audit, X Subscriber /enrollment, Remittance /return, Accounts Accessed, and viewed Statement Reports. GR -47. Supports links to a comprehensive pre - packed database of Frequently Asked Questions and X Answers regarding e- billing. GR -48, Monthly updates and software upgrades to the vendors application shall be included in X vendor's unit pricing, GR -1.9. The vendor must be able to isolate presentment and payment services and provide pricing for both options. Based on pricing and other considerations, COSA may elect to use the vendor for presentation only, X not payment. COSA uses the services of a third party to process credit card payments. Vendor will need to provide payment services for one time bank draft payments. DISASTER AND CONTINGENCY RECOVERY PLANNING 25H -27 15 InfoSend Response— 12/29/2006 GR -50. The vendor shall have and maintain a disaster recovery plan to protect COSA receivables and the confidentiality of the information contained therein. Vendor shall provide COSA with a copy of the plan. Detail the proposed offsite storage location and plan for backing up data dally. include the processing steps from transmission receipt to paper bill delivery. The successful vendor shall show evidence of a x functional contingency plan to guarantee the complete and timely processing of City of Santa Ana's work. Describe your contingency planning, documentation and testing processes on Attachment E using scenarios indicated. II.A. GENERAL REQUIREMENTS— CONTINUED GR-14: "Describe the processes and /or technologies in place to ensure the security and privacy of data transmissions." InfoSend follows the Payment Card Industry (PCI) rules set for companies that originate less than 6 million credit card transactions per year. All security procedures and policies are based around PCI, All information is confidential and protected, User passwords are stored using a one -way hash and cannot be read by anybody. The application is hosted by physical three -tier layer architecture. The presentation server, the application server, and the database server are separated onto different physical networks. Users can only connect to the presentation server over 128 -bit SSL in order to ensure that all information passed from the customer to the application is encrypted, Anti -fraud features such as Address Verification Service (AVS) and Credit Card Security Coding (CSC) are used when payment transactions are processed. External security monitoring by ScanAlert informs InfoSend if there is a perceived problem from the outside of the network. Unauthorized users cannot access utility account data, bank account or credit card numbers, or other payment information. The data that InfoSend transmits to its payment processors is encrypted. Industry standard security methods safeguard data and external site monitoring scans for open ports or other security issues. Proper access control methods insure that internal users can only access the data relates to their job functions. While InfoSend uses the Windows operating system for internal processing the EBPP application itself is hosted on Red Hat Enterprise servers. InfoSend elected to use this operating system for its web hosting because independent studies have shown it to have less critical security flaws than Windows has had over the years. Physical facility security measures are in place to prevent unauthorized access to data. Security cards /tokens are required to enter the building. Visitors must be signed in before entering, All servers are centrally located and only authorized staff members can access them. GR -19: "Vendor must be able to accommodate multiple bill formats. Bills and notices may be redesigned as part of this Agreement. Pricing should include the cost of initial bill format set up for each format required and for subsequent required changes and redesigns. Vendor must specify the type of bill or change that might constitute a "new" format. For example, when a 25H -28 16 InfoSend Response— 12/29/2006 meter is changed In the middle of a billing cycle, two lines of meter reads and consumption data should appear on the bill." A "new' format is one that: • Is caused by the City changing its utility billing software vendor. • Is caused by the City changing the overall look and feel of the bill. • Is caused by the City adding new services to its bill (for example — the City of Anaheim recently added WiFi services to Its bill). Minor changes to the bill format do not incur any programming fees. The example listed by the City regarding meters changing in the middle of a billing cycle would not incur programming fees. GR•27; "Vendor must describe where and how many bill messages may be placed on the bill." There is no limitation to the number of messages that InfoSend can program to print on a page. The physical size of the sheet is the only limitation. To maximum page usage InfoSend provides a free tool called the Message Manager. It is a free customer service tool is a custom built web -based application that allows you to control the messages that print on your documents. It allows clients to upload bill messages and view them in the actual font that will be used. You can schedule the messages months or even years in advance! You can assign unique messages to different types of customers, or even to individual account numbers or account number ranges. 25H -29 17 Infosend Response - 12/29/2006 SECTION III ITEMIZED PEE SCHEDULE ATTACHMENT A - BILLING Unit pricing shall include all overhead associated with providing this service to City of Santa Ana. PAPER BILL Non - recycled Recycled Set -up fee for print and mail services 1 0.000 0.000 Special programming (after initial set -up; per hour) $150.000 150.000 Overweight and foreign mail: Pass - through cost (Overweight and foreign rates same for recycled and non - recycled mail) Data processing 0.023 0.023 Duplex (2- sided), 2 -Color Laser Imaging 0.020 0.020 8.5 "x11" white paper with perforation 0.015 0.021 #10 double window security envelope 0.015 0.018 #9 single window security reply envelope 0.012 0.015 Fold, Insert, bar - coding (OMR), presort and deliver to LISPS 0.040 0.040 POSTAGE Presorting mail, (CASS certification). First class postage rate OPTIONS /ADDITIONAL CHARGES Additional Pages (2", 3', 4`h page) $ 0.125 each $ 0.137 each $ 0.381 - Current 5 Digit Rate Most pieces will qualify at 5 -digit rate, the maximum postage is $0.49 for non CASS certified mail. Cost of Data Processing + Duplex Printing + Fold Insert.... + applicable materials from above. Supplied by Client: (inserted by vendor) Inserts -1/3 page Inserts - 8.5 "x11" page Inserts - 8.5 "x11" duplex $ 0.010 per page $ 0.010 per page $ 0.010 per page $ 0.010 per page $ 0.010 per page $ 0.010 per page Printed, folded, inserted by vendor (Not including above $0.01 inserting fee): Insert - 1/3 page $ 0.035 per page $ 0.040 per page Insert - Grayscale 8,5 "x11" $ 0.060 per page $ 0.075 per page Insert -- Grayscale 8.5 "x11" duplex $ 0.070 per page $ 0.085 per page Retrieve and view bill (access to each bill printed) $ 0.007 per bill for 6 months of retention To calculate monthly charges multiple estimated volume by unit price. 130,000 X .007 = $210 per mo. 25H -30 18 InfoSend Responso — 12/2912006 ATTACHMENT A - BILLING (Continued) Additional services not covered in any line items above please describe and include unit pricing for bill print and mail services; Non - recycled Recycled NCOALink — Electronic Address Updates $ 0.50 per hit $ 0.50 per hit From the USPS NCOA database. Pricing is per "hit" (reported address change }. InfoSend offers the NCOALink service in conjunction with the United States Postal Service. The service is optional and replaces the small postcard or photocopy that the post office provides you when a customer fills out a change of address form. You only pay a fee for the addresses in your data file that require a change. You will not be charged if the customer gives you the new address prior to the transmission of your data file from the City to InfoSend. 25H -31 19 InfoSend Response — 12/29/2006 ATTACHMENT R — RILL PRESENTMENT BILL PRESENTMENT Set up fee for EBP E• Setup and implementation fee for main bill presentment features waived. No fee for site design, testing, customer support training, and documentation. Includes ability to associate more than one utility account with a single user name and password. Includes branded web portal that matches the City's look and feel. Includes a custom formatted payment file that the City will use to update its A/R system. Future phase web services defined in the RFP are also included with no setup fee. (With the exclusion of item E -3 "other City services ", which does not have a clear project definition). If the future phase website features require that an HTML formatted document be created and stored in the EBPP system archive then a transaction fee will be charged for each document created, that Is equal to the normal bill presentment fee shown below. Electronic bill presentment $ 0.11 per bill presented Bills are only presented for customers who have enrolled for the service to save the City costs. Bills are presented with the next billing cycle. Customers can make a payment immediately after enrollment is complete by entering the amount due from their paper bill. The City can also choose to have all bills presented regardless of whether the customer has enrolled or not for a lower per bill presented fee. See additional services. Archive bills for 24 months $ 0.02 per bill presented Standard bill archival length is 6 months. If the City requires 24 months of bill archival then the bill presentment fee is increased by $0.02 per bill. On -line reports 0.00 Monthly update $0.00 Software upgrades $0.00 Additional services not covered in any line items above please describe and Include unit pricing for bill presentment services: 0.03 and post them to the electronic bill presentment system then the electronic bill presentment fee is discounted by $0.03 each. If this option is selected a customer will have bills to view immediately after enrollment. See the description under "Electronic bill presentment" above. Total: 0.03 These fees apply only if the City uses a payment processor that InfoSend is already connected to. Connecting to new processors requires a significant amount of one -time and recurring costs on InfoSend's end. 25H -32 20 InfoSend Response - 1212912006 ATTACHMENT C — BILL PRESENTMENT & PAYMENT InfoSend will submit payment transaction information to Electronic Payment Exchange (EPX) for processing. BILL PRESENTMENT AND PAYMENT Set up fee 0.00 One time bank draft for paper invoice customer See EPX Agreement Credit Card for paper invoice customer See EPX Agreement Enrolled EBPP customer bank draft See EPX Agreement Enrolled EBPP customer credit card See EPX Agreement Additional services not covered in any line items above please describe and Include unit pricing for electronic bill presentment and payment services; ACH (bank draft) Non Sufficient Funds Fee See EPX Agreement This fee charged if a customer initiates a bank draft payment but does not have enough money in his or her account for the debit to go through. ACH (bank draft) Credits See EPX Agreement Every time payments are settled and an ACH credit is sent to the City's bank account an ACH credit occurs. This happens once each business day for bank draft payments and once for credit card payments, unless there are no payments to settle that day. 25H -33 21 InfoSend Response — 12/29/2006 ATTACHMENT D — CREDIT CARD PROCESSING InfoSend will submit payment transaction information to Electronic Payment Exchange (EPX) for processing. InfoSend obtains real -time authorizations from EPX. Both InfoSend and EPX are PC[ Level 1 Compliant, CREDIT CARD PROCESSING See EPX Agreement for pricing, InfoSend QuickPay Pricing QuIckPay (No Enrollment) Service acceptance -. . Payment Initiation & PCI Compliance Fee Per Payment $Waived Per payment initiated to one of InfoSend's preferred payment partners. This is for all payment initiations for ACH, credit card, auto pay, same day or scheduled payments made through the system. Processing costs will be covered under separate contract directly with processor. Monthly Support Fee Per Month $200.00 Per month fee to support the QuickPay service. Set -up Fee (Already live for Dog Licenses) One Time $625 25H -34 22 InfoSend Response— 12/20/2006 ATTACHMENT E Provide details as requested under the entitle sections: IF ADDITIONAL SPACE REQUIRED FOR DETAILS PLEASE ATTACH A SEPARATE SHEET(S) W.A.1, AUDIT TRAIL The successful vendor shall have a proven audit trail governing all phases of the bill production and fulfillment process. 1) "Describe your capacity to back out of or suspend a printing run (or any phase of the process) and correct problems." A print run can be cancelled or suspended at any time. If the batch has already been printed then it can be cancelled or suspended in the mailing department. If the City requires that certain bills be suppressed then it can accomplish this in one of two ways: (1) The bill can be pulled electronically if the client provides a suppression file prior to the processing of the batch. (2) The file can also be pulled during any point of production. The latest pull request would be at 4:45 p.m. because the mail is delivered to the USPS at 5:00 p.m. 2) Describe the steps by which you would: a) "Verify the data received." After the file is received the system automatically checks to see if the client accidentally uploaded a file that had already been received in the past 6 months. If a duplicate has been received then InfoSend will put the file on hold and contact the client. The City can embed the total number of records and the amount billed at the beginning or end of its data file. If this is done then InfoSend can automatically compare its post - processing total with the City's total. If the totals don't match then an internal warning will be created and InfoSend support staff will investigate the issue. The City will receive a File Transfer Report from InfoSend that verifies that the file was received. The report contains the time the file was received and the record count. After the batch is completed the City receives a Process Confirmation report that lists the total dollar amount billed in the batch. The City's staff can view this information to ensure that the batch was processed properly. The City also has the option of viewing and reviewing this information prior to the printing of the batch. If this option is selected then the report will be embedded in the sample PDF file so that it can be reviewed and approved before the file is printed. b) "Verify the complete success of a billing run (processing, printing, and fulfillment phases)." Each billing run is automatically tracked in InfoSend Job Tracking system. This system is available to both InfoSend staff members and to the City itself. Every file 25H -35 23 I nfoSend Response — 12129/2006 that the City sends is logged in the system and must complete the following steps before it is moved from the "Active" queue to the "Completed" queue: 1. The job is automatically processed 2. Samples are sent and approved (optional) 3. The job is printed 4. The job is put through a QC process 6. The job is prepared for delivery to the USPS in the mailing department 6. The job is completed by scanning a barcode on the Job Ticket (control document) that accompanies each batch of mail. This triggers the emailing of the Process Confirmation Report to the client. InfoSend's production operators, QC personnel, and Operations Manager constantly monitor the Job Tracking system throughout the day. Jobs cannot be completed in the system if each step is not passed. If a job is not competed then it stays in the Active Queue and InfoSend staff investigates to see why it was not completed. Email alerts from the system inform staff of items in the Job Tracking system that require review. c) "Identify and replace any bills, which are damaged or destroyed during a billing run." If any bills are damaged during the printing or mail preparation phases of the billing run the production department reprints them. InfoSend has developed its own Central Print program to submit print jobs to the printers and to reprint individual or ranges of bills. The program logs the operator who printed the job and the time the job was printed. When an operator reprints a bill or a batch of bills the program warns the operator that the job has already been printed, therefore avoiding accidental reprinting of a batch that has already been printed. d) "Enable reprints of individual customer bills, both immediately after the billing run and at a later date (i.e., if customer advised that a bill was not received or later requests a reprint)." The process to reprints of individual customer bills immediately after the billing run is explained in Item c) above, If the City requires that a bill be reprinted on a later date it can either: 1, Contact InfoSend and ask for the bill to be reprinted and mailed or sent to the City in PDF format. (To be used on an occasional basis). 2. Use the PDF Archiving application to retrieve a PDF copy of any bill that was printed or mailed in the past. Pricing for this optional service is provided in Attachment A, "Retrieve and view bill (access to each bill printed) ". The pricing includes 6 months of bill archival at a very low per -bill fee. Other retention lengths can be selected. This application allows the City's CSR staff to search for a bill by customer name, account number, or up to three other fields. e) "Suspend a billing /printing run and correct problems. Please see answer in item (1) above. Batches can be suspended at any time. If programming is required to correct a problem then InfoSend's programming team will address the issue immediately. 25H -36 24 InfoSond Response— 1 212 9/2 0 0 6 3) "Describe the process that would be used to track and manage specific and multiple mailing batches." A Job Tracking system is used to track all operations. Please see details in item 2(b) above. The client can also access the system by logging into wvvw.1nfosend.corn. 4) "Describe the statistical reporting capability. Provide sample documents." InfoSend offers a variety of reports as part of its service — no reporting charge. Unless noted otherwise, all reports can be emailed to City or posted on a secure website for download, or both. Daily Report - File Transfer Acknowledgement Report This is first of two reports that you will receive after uploading a data file to InfoSend. The File Transfer Acknowledgement Report provides information on the file name, byte size, page /record count, and file receipt date. InfoSend can e-mail this report to your staff. The report is automatically uploading to our Job Tracking system and can be viewed from our online report archive; both are accessed by logging in to www.infosend.com, A sample File Transfer Acknowledgement Report is shown next: T© JOHN SMITH ABC COMPANY FAY 1. 7 14 446--1.482 FROM TNFOS.END, INC. DATE 07/31/2003 RE : FILE TRANSFER ACKNOWLEDGEMENT THIS REPORT Co N'FIRMS THAT THE FILE(a) LISTED BELOW HAVE BEEN �RECEI:VED.. IF YOU FIND ANY DIJCREPANCY OR IF YOU HAVE ANY QUESTIONS OR 3PECIAL INSTRUCTIONS REGARDING .TH16 LIST, KINDLY GIVE US A CALL AT (714) 5.Z5- 3600. THANK YOU, No. NAME OF FILE(S) FILE SIZE FACE /P.ECORD DATE (BYTES) COUNT RECEIVED 1.. ABC07313.001 55131205 215,001 07/31,/2003 2. ABC0731F.001 081514 1,505 07/31.12003 TOTAL PAGES/RECORDS 21';,506 25H -37 25 InfoSend Response — 92/29/2006 Daily Report - Process Confirmation Report The Processing Confirmation Report is transmitted to you after your documents have been completed for mailing. This report provides the name of the file(s) that was mailed along with a detailed mail count. For statements, invoices, and other financial documents, the total dollar amount is also provided. InfoSend can e -mail this report to your staff and the report is automatically uploading to our Job Tracking system. The report can also be viewed from the online report archive, which can be accessed by logging in to www.infosend.com. A sample Process Confirmation Report is shown next: TO a aOHN SMITH ASC COMPANY FAx a 1 714 446 -1482 FROM 4 INFOS ='ND, INC. DATE" r: 07131,/2003 RE ; PROCESSING CONE'.I:RXZkT'ION REPORT IF YOU HAVE AN'Y QUESTIONS ABOUT THIS DOCUMENT, PLEASE CONTACT US AT (714) 525 -8600. THANK YOU. T NO, P'EF".E.RENCE AtWU:NTt. ) ORIGINAL SINGLES NlULTI.Pli:ES UAAWSPECIAL TOTAL FILE (S) :NOTE. 1. ADC0731,A 0549aGT.9,2 215001 214121 880 33 2'.1560+1 STATEMENT ABC.D7315.001 7/31/0:3 2. AHC0731:B 60201.06 1505 1505 0 2 1.505 FINAL NOTICE ABC073 IF. 001 7/31/G3 TOTALS = B610052.5D 21G506 215526 860 35 2.16506 25H -38 26 InfoSend Response - 12129/2006 Monthly Report — Excel Detail Report This report is provided in the Excel format and contains built -in sorting features. It details the counts and postage amounts for each file received. A sample is provided next: Job _Code Job-Typo Input_rile_Nama Rocv_Qate Camp bate Page- Count Unf Pdce Total Price ABC0601A STATEMENT ABC.0801.ST.001 811/20066,50 8/1/20069:34 1 5548 0,13 721.24 ABC0801A PRESORTED POSTAGE 1 1658.85 1658.85 ABt3801A- Totals also list any accounts that have been deactivated. The 10535 4574,37 ABOO608A STATEMENT ABC.0808,ST.001 U/20069:30 8/271200612:10 1 5781 0,13 751.53 ABC080SA PRESORTED POSTAGE 1 1763.21 1763.21 ABO0808A.Totals Lists name, utility billing account number, payment Report 5781 7514.74 _ ABCOB17A STATEMENT ABC.0817.ST.001 8117120068:15 8117x200611:08 1 6015 0.13 781.95 ABC0817A PRESORTED POSTAGE 1610,52 1810.52 ABC8817A-Totals 6015 2592.47 ABOO828A STATEMENT ABC.0828.ST.001 8/28120065:50 8!28x200610:21 1 4987 0.13 648.31 ABC0628A PRESOPTED POSTAGE 1 1545.97 1545,97 ABCI182BA- Totals 10535 4574.37 PRESORTED POSTAGE TOTALS 6778.55 Grand Total Other Reports 32866 21036 Address Update Report Lists the address that matched the USPS change of address database. Available as a machine - readable or human -eye formatted report. Sample Ready for If the City requests that sample HTML bills be viewed Approval Report before the batch is posted to the EBPP system then it will receive an email when the sample file is ready. EBPP Enrollment Report City can receive one report that lists account numbers that have been enrolled for EBPP, and accounts that have elected to turn off paper statements. The report will also list any accounts that have been deactivated. The City can also choose to receive the report on accounts that have turned off paper statements separately. Email Delivery Failure The City can choose to get a report that lists suspected Report email delivery failures. Recurring Payment If automatic recurring payments are activated the City Activations Report can receive a report that lists the account numbers that have been enrolled in the service. The report will also list any accounts that have been deactivated. Electronic Payment Lists name, utility billing account number, payment Report amount, payment date and time, and payment type credit card type or ACH . Credit card or ACH account 25H -39 27 InfoSend Response— 12/29/2006 25H -40 28 number not listed for security reasons. Report can be configured several ways: :• Report contains all attempted payments Report contains payments that passed initial checks and were submitted to ACH or credit card network Report contains only the payments whose funds have been settled Electronic Payment Lists the payment transactions that passed initial checks Exception Report and were submitted to the ACH or credit card network and later failed. These failures create a return item and customer must be charged a fee. Examples: 3 If customer attempts to make an ACH payment that passes the routing number check but fails due to insufficient funds a return item fee is assessed. This item is listed in the exception report. •: If customer attempts to make a credit card payment that passes the card number and security code check but fails due to a chargeback a fee is assessed. This item is listed in the exception report. Examples of "soft" errors that do not create a return item or chargeback fee: If customer attempts to make an ACH payment with a routing number that doesn't pass InfoSend's database of valid routing numbers no return item fee will be assessed. Customer is automatically instructed to resolve problem and retry payment. These types of failures are normally not listed in the exception report. :• If customer attempts to make a credit card payment with an invalid card number or security code no return item fee will be assessed. Customer is automatically instructed to resolve problem and retry payment. These types of failures are normally not listed in the exception report. Shutoff Report If the City performs customer shutoffs at the same time each week then a report can be sent to the City prior to this time that lists all payments attempted in the previous 24 hours. The City can then investigate these payments before the customer is shutoff and decide whether or not it wants to give the customer time for the payment to clear. 25H -40 28 InfoSend Response — 12/29/2006 IV.A,2. SPECIAL DIRECT MAIL "Please describe your ability to handle special direct mail documents independent from our invoices." InfoSend has in -house digital printing equipment to print black and white, black with highlight colors (blue, red and green) and full color documents. We also have relationships wholesale offset printing vendors in the local area for high - volume, static color printing. InfoSend can process mail merges to personalize direct mail pieces with variable information. We can provide newsletters, fliers, announcements, meeting notices, bulletins, post cards, brochures and more in sizes up to 17" x 11" printed two sides. We can prepare addresses and barcode all of these pieces for best postal first class or standard rate postage for USPS delivery. IV.A.2, BILL PAYMENT "COSA offers same -day reconnection after a payment is received. Describe process for handling payments made by customers who are trying to reestablish service after being disconnection and /or customers who have received final notices on delinquent accounts." InfoSend will develop a webpage specifically for customers who need to reconnect their service. The City will be notified that this type of payment has been made so that it can start the reconnection process. IV.A.3 GR -50 DISASTER AND CONTINGENCY RECOVERY PLANNING InfoSend understands the importance of disaster recovery and business continuity. We do not utilize our primary facility's full production capacity because this would make it more prone to service delays from equipment failure or spikes in client volume. The secondary facility is owned and operated by InfoSend and located in Downers Grove, Illinois. The facility contains all the equipment needed to process client mail in the event of a disaster. InfoSend would be happy to provide a site tour of either of its facilities. We are proud of the large investment we have made Into production equipment and can show the City just how efficiently the mail will be processed. The EBPP application is hosted at both locations, as is all other applications_ If a disaster takes the primary system offline it can be run from the Downers Grove facility. InfoSend custom Customer Relationship Management program documents each client's implementation and support. The program and its data is duplicated at the Downers Grove facility. There are three separate backup methods in place to protect data and assure systems can be restored fully after a disaster of any type: All servers are duplicated at the Disaster Recovery Facility. Data is automatically synched between the main facility and the Disaster Recovery Facility over a secure VPN. 25H -41 29 InfoSend Response— 12/29/2008 2. Server data is backed up to tapes that are taken off -site daily. 3. An image of every system's hard drive is written to a file server after the system is setup and configured. This ensures that entire systems can be quickly restored without having to first install and configure the operating system. Disaster Recovery Plan The following outlines the steps InfoSend has taken to avoid the interruption of data processing and mail delivery and outlines the contingency planning in place to ensure that the mailing of client data is performed should extraordinary circumstances arise. Systems Information Data Processing: 1. System -wide security policies measures protect data from internal and external threats. 2. External third -party security monitoring alerts InfoSend if there is a potential security risk. 3. Client programs are written separately and are not run off a template — ensuring accuracy and allowing for programs to be run separate of one another. 4. Client programs can be run at InfoSend's Disaster Recovery Facility. (Please refer to the section labeled "Off -Site Location" for more information). 5. Multiple methods of secure data transmission are available to ensure that client data reaches InfoSend securely, quickly, and in whole. Before data is processed backup copies are made. 6. Anti -virus definitions are updated automatically as they become available to protect client data from viruses, Trojan horses, worms, etc. Anti -virus software is installed on each client PC, and on the corporate mail server. 7. Software updates are tested and applied to harden systems. Subscriptions to e -mail security bulletins inform IT staff of security holes in software products as soon as this information becomes available. 8. Backup data is verified on a routine basis to ensure that it is useful should the need to use it arise. Backup /Restore Plan: Three separate backup methods are in place to protect data and assure systems can be restored fully after a disaster of any type: i. All servers are duplicated at the Disaster Recovery Facility, Data is automatically synched between the main facility and the Disaster Recovery Facility over a secure VPN. 25H -42 30 InfoSend Response— 12128/2006 ii. Server data is backed up to tapes that are taken off -site daily. iii. An image of every system's hard drive is written to a file server after the system is setup and configured. This ensures that entire systems can be quickly restored without having to first install and configure the operating system. 2. The RAID system is used on all servers to ensure that data remains available in the event of a hard disk failure. 3. InfoSend internally develops its programs and systems, so IT staff members are always available to handle potential problems. Hardware /Communications: 1. Client programs are run on industry- standard X86 based workstations, readily available in the marketplace. Backup policies ensure that computer theft could not cripple operations. 2. Enterprise class firewalls are used to safeguard data, using a combination of the layer -3, layer -4, and layer -7 security technologies. 3. InfoSend's main facility uses two T1 broadband connections provided by different ISP's to ensure that Internet communications are always available. 4. InfoSend employs the use of Load Balancing /High Availability equipment to manage the traffic from its Internet providers. InfoSend can sustain the loss of one broadband line without any impact to production. 5. Hardware firmware updates are tested and applied to harden systems. Subscriptions to e-mail security bulletins inform IT staff of security holes in hardware products as soon as this information becomes available. 6. InfoSend uses multiple printers and printer types to ensure that a printer supply shortage or hardware issues do not delay production. 7. InfoSend's employs around the clock service contracts for production printers and servers to ensure that hardware problems do not hamper production. 8. LAN servers and web servers are kept on separate networks to ensure that there is no unauthorized data access via the net, Only authenticated users of InfoSend's intranet can access the data. InfoSend's employees are cross - trained and can manage tasks that span the entire production process. At InfoSend's current size and capacity, operations can run normally with the absence of key personnel until they return or another person is trained for their position with no effect on production. Disaster Recovery Facility InfoSend owns and operates a second production facility designated for Disaster Recovery. Location: 1406 Centre Circle Downers Grove, Illinois, 25H -43 31 InfoSend Response— 12/2912006 • The facility is a live production facility outfitted with data processing, printing, mailing and general office equipment and supplies, This facility is available for mail processing if the main facility is not functional for any reason. • Multiple production printers and inserters are installed at the Disaster Recovery Facility. Primary Facility Operational Logistics • The company currently occupies three adjacent but separate buildings. Fire doors separate the buildings, which prevents a possible fire in one building from spreading to another, • The building is outfitted with security doors that require those who enter the building to have access control cards. This allows InfoSend to monitor the traffic going through all entry and exit doors. Visitors may gain entry into our facility by using the intercom located at the front door. • InfoSend is protected with a modern security network. Each authorized user keeps an individual security code and may only access the premises during appropriate business hours. The building is armed during off hours. If the alarm should go off, the local Police Department's average response time is less than 10 minutes. ■ Critical servers and network equipment is centrally located and only accessible to managers and assigned staff. Materials: • InfoSend's envelope and form suppliers keep a reserve of materials at their facilities. ■ Reserves of custom and standard forms are maintained at the disaster recovery facility. Mail House Logistics: ■ InfoSend works multiple production lines, each of which can operate independent of the others in the case of an equipment failure. Please contact your account representative for a full listing of the current production equipment in use. • The Disaster Recovery facility is continually visited by InfoSend's management and technical staff to test the facilities systems, power, and other resources. • InfoSend's IT staff is immediately informed if the backup systems are offline and cannot receive data. 25H -44 32 InfoSend Response — 12/29/2006 Describe your contingency planning, documentation and testing processes using the following scenarios: (1) Technology failure or interruption (e.g., data processing, communications), The primary facility uses two full T1 lines from different vendors to ensure that clients can always access the system. Should both lines go down the second facility's systems can be used. Multiple workstations ensure that system failure does not affect processing, as do backup servers and redundant moving parts within each server. 2) Labor interruption, All of the departments listed below have at least 3 staff members to ensure that production is not delayed if a staff member is sick or out of the office: • Printing • Mailing • Client Support The disaster recovery facility is currently being transitioned to a fully staffed facility. This will allow it to be operated even if there is a catastrophic problem at the primary facility that renders its staff unable to operate the machinery at the disaster recovery facility. 3) Unavailability of physical premises, or The disaster recovery facility will be used if the physical premises are not available at the primary facility in Anaheim. 4) Operational disruption (due to any cause) such as a power outage. The disaster recovery facility will be used if there is an operational disruption at the primary facility in Anaheim. ATTACHMENT E (Continued) II.A.3 MISCELLANEOUS VENDOR'S APPLICATION, SOFTWARE AND MAINTENANCE UPDATES 25H -45 33 InfoSend Response — 12/29/2006 1) There are no scheduled downtimes. All system maintenance is performed after - hours. Since InfoSend's services are provided in the Application Service Provider (ASP) format, there are no software versions. Changes and improvements to the services evolve over time and are tested on InfoSerd's end without requiring the client to make charges to their systems. 2) "How will the vendor's help desk calls be handled? What are the hours of operation ?" a. Standard customer service is provided from 8:00am to 5:00pm, Pacific Time. After -hours customer service is available 24 hours a day with a 4 -hour response time via an answering service. b. InfoSend is always open on the same days that our municipal utility clients are open. The holidays that Customer Service takes are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. c. The toll free number to contact Customer Service is (800) 955 -9330. The toll free after - hours answering service number is given during implementation. There is no charge for support and it is unlimited. 3) "What training is included for CSR's and system administrators ?" Training is provided for how to use the InfoSend website to upload files to InfoSend, review samples, track files, request inserts, and download reports. Training is also provided for the CSR tool that is used to research customer questions related to the electronic bill presentment and payment service. 4) "Are there any minimum technical requirements for a CSR/Customer to access EBPP ?" Yes -- the CSR/Customer must have an internet browser capable of supporting 128 bit SSL security. The EBPP site is only accessible over a secure connection and access is denied if the user attempts to manually change the EBPP URL to go over a non - secure connection. The 128 -bit SSL protocol is industry standard for all secured websites and supported by the vast majority of browsers. This type of security became standard on Microsoft operating systems with the release of Internet Explorer 3.0, which came out with the second revision of Windows 95. Users who had the first version of Windows 95 were able to download Internet Explorer 3.0 to upgrade their systems. Basic JavaScript is also required. This is also a standard feature of the vast majority of browsers in use today and many websites do not work properly without it. The EBPP system does not require the user to have a PDF viewer or a Java platform. 5) What kind of documentation will be provided? Documentation is provided on the EBPP CSR tool. A quick reference guide is provided for the InfoSend website itself. 6) Monthly maintenance. 25H -46 34 InfoSend Response— 12/29/2006 InfoSend will not charge the City for the monthly maintenance. All maintenance is inclusive of the per -bill printing and online presentation fees. IV.A.13 PERFORMANCE GUARANTEE "Vendor shall provide suggested performance standards against which compliance with the contract shall be measured. Failure to comply with measurements will results in penalties to be determined during contract negotiations." 1.) Timeliness of Statement Mailing /Presentment InfoSend will print +mail and electronically present bills per the RFP specifications. Failure to perform duties in the agreed upon timeframe will entitle client to service level credits. Exceptions: a.) If InfoSend's automated systems are unable to process the client's data file due to an unscheduled data format change on the client's end. InfoSend will contact the client and request that the file be resubmitted in the correct format. Should client not be able to send the data in the previous format due to a system change, time will be needed for InfoSend to make programming changes. Client should therefore notify InfoSend in advance if its data format is going to change. InfoSend requests that it be notified at least 4 weeks in advance of a data format change. b.) If client requests that samples of the bills are reviewed and approved before they are printed /posted and fails to approve samples within a few hours then a delay may be caused. 2.) Bill Accuracy InfoSend will print/post bills free of any errors. Failure to print /post bills accurately will entitle client to service level credits. Exceptions: a.) If client sends incorrect data there is a good chance that InfoSend will also repeat the error. Example — client submits data in which the balance due from the first customer in the file is incorrectly repeated in the balance due for the second customer in the file. The sample approval process can help the client catch his or her own error. b.) If client sends a customer record, which contains data that would not currently fit on the printed statement, then truncation will occur. Example — if the current printed statement is formatted to display a 20- character or less customer first name and a data file is submitted that contains a 40- character customer first name then data truncation will occur. If client is adding a new field to its data format or is including new data elements in existing fields, it is recommended that it send InfoSend-a test file to ensure that data truncation will not occur. 3.) Availability of websites InfoSend employs the use of multiple internet connections from different Internet Service Providers to maximize website uptime. The websites will be accessible by customers and CSRs at all times. Exceptions: 25H -47 35 InfoSend Response - 12/20/2006 a.) InfoSend performs periodic system maintenance that can require temporarily taking the websites offline. If this type of maintenance is required the downtime generally lasts for less than 1 hour. This type of maintenance is performed after hours. b.) If a critical security update becomes available outside of the maintenance window described above that requires a temporary website outage, InfoSend will install the update if it determines that postponing the update will put the client's data at risk. These types of updates are rare and can generally be applied without requiring the websites system to be taken offline. If an interruption of the systems is required for this type of update, the outage will generally last only a few minutes. c.) If the EBPP system is inaccessible by a customer due to a problem on the customer's end then InfoSend will not be penalized. Examples include a hardware or software problem with the customer's computer, inability to access the internet because of a problem with the customer's Internet Service Provider, a DNS problem with customer's computer that makes the InfoSend EBPP site appear to be offline when it is not. Client will judge customer complaints of EBPP outage by using the following procedures: I. If a customer calls or emails client and states that the EBPP is down or responding very slowly, client will attempt to access the EBPP system to see if it can connect at normal speeds. If client can connect to the EBPP system at that time and the site is responding then the problem is most likely on the customer's end and InfoSend will not be penalized. Client will advise the customer to check to ensure that their computer can connect to other websites and try to connect to the EBPP system again. ii. If neither the customer nor the client can connect to the InfoSend EBPP then the client will check to see if other websites, like www.google.com and www.yahoo.corn are accessible. If other common websites are loading very slowly or not accessible at all then the problem could be caused by a major internet backbone outage. In this scenario InfoSend will not be penalized. iii, If neither the customer nor the client can connect to the InfoSend website but the client can connect to other common websites like www.google.com and www.yahoo.com, then the client can suspect that the problem is on InfoSend's end and instruct the customer to try to connect to the website at a later time. The client will immediately notify InfoSend of the potential problem. InfoSend will then attempt to verify and diagnose the issue and will contact the client with more information on it as soon as it becomes available. The client will be eligible for a service level credit. IV.A.6 IMPLEMENTATION AND TRAINING SERVICES InfoSend does will not charge the City for implementation or training. InfoSend has reviewed the milestone dates provided in the RFP and the go -live date of March 1, 2007 is achievable and practical. We recommend that the implementation of the printing and mailing service and the electronic bill presentment and payment service be staggered by at least 4 weeks to streamline the installations and allows the City to 25H -48 36 InfoSend Response — 12/29/2006 adjust to outsourcing its printed bills before the electronic bill presentment begins. InfoSend will begin the electronic bill presentation implementation at the same time that the print implementation is started, but will hold its questions for the City until the print service goes live. InfoSend proposed implementation key dates: January 15, 2007 — InfoSend to begin the implementation of the print and mail service. February 16, 2007 — City to begin parallel testing of InfoSend's bill printing and mailing service. The City will upload files to InfoSend daily and they will be processed and posted in PDF format but not mailed. InfoSend will provide training of how to use the www.infosend.com website to manage the print process on this day. The training will last approximately (1) hour and can be performed at the City or at InfoSend. The individuals from the City that should be trained are the staff members that are involved with the day -to -day operations of utility billing, and their supervisors. March 1, 2007 — Go -live of printing and mailing service. The City is welcome to visit InfoSend and observe the first mailings if it wishes to do so, March 5, 2007 — InfoSend now begins submitting questions regarding the electronic bill presentment and payment service to the City. A weekly conference call is facilitated for each party to ask questions of each other and finalize service options. March 30, 2007 — City to begin testing the electronic bill presentment and payment service. InfoSend will provide training of how to manage the service. The training will last approximately (3) hours and can be performed at the City or at InfoSend. The individuals from the City that should be trained are the staff members that are involved with the day -to -day operations of utility billing, and their supervisors. 25H -49 37 InfoSend Response — 12/29/2006 II.A.7 PROJECT MANAGEMENT InfoSend will provide a single point of contact for the entire project and also assign a second project manager to be involved with the project from start to finish to ensure that there are always two people who are aware of the project progress. This ensures that the project is not delayed if the primary project manager becomes ill. Josue Martinez will be the primary project manager, and Russ Reza! will be the second project manager. Both Josue and Russ will attend each meeting /conference call with the City and keep track of the project in InfoSend customized Customer Relationship Management system. Resumes Name Josue Martinez Experience InfoSend, Inc. Anaheim, CA (2000 — present) Implementation Specialist • Has managed over 40 city /water district installations • Has managed over 20 city /water district software conversions (from legacy client utility billing system to new utility billing system) • Trains and leads the support department • Liaison between customers and programming Education AA Information Systems — Fullerton College (2002) BS Information Systems Development and Science — Cal State University Fullerton Proficient in programming, layout design, and database management using the following software: Microsoft FoxPro Crystal Reports Adobe Illustrator MySQL Name Russ Reza[ Experience InfoSend, Inc. Anaheim, CA (2001 —present) COO • Manages research and development • Overseen the development of utility- targeted services since 2001 • Creation of online services department • New product and service development and deployment— including EBPP • Creation of variable data digital color printing department InfoSend, Inc. Anaheim, CA (1996 -1997) Company Co- Founder AFf -5U IN InfoSend Response — 12/28!2008 IV.A.8 GENERAL INFORMATION AND REFERENCES InfoSend Company Profile Mission Statement: "Our goal is to provide the best possible services along with cost savings to our customers in an accurate, reliable, and timely manner - with a personal touch." InfoSend, Inc. has been providing data processing, statement printing and mailing services to various industries since 1996. In addition to these services InfoSend offers fully hosted and managed e- Billing services. The Electronic Bill Presentment & Payment (EBPP) service can be used as a stand -alone service or integrated with the print and mail service. Incorporated on Jan 17, 1997 in California, InfoSend is a privately held company. InfoSend's core competencies are information technology, document formatting, and document production. The company's founders have over 35 years of combined Information Technology experience. This background has helped InfoSend adapt to technology changes and introduce new services to meet our clients' needs. We are continually refining services and adding to the equipment necessary to produce financial documents. Customer Service InfoSend's staff can be reached by calling our office toll free at (800) 955 -9330, or by dialing (714) 993 -2690. Live support staff answers phone calls and can also be reached via email. Most customer service inquiries can be resolved within the initial phone call or e -mail. Locations The Company currently owns and operates its 75000 sq ft headquarters and production facility. The building is located in Anaheim, California. The mail pieces that are produced at our Anaheim facility are picked up by the USPS and sent to to the main Post Office Hub of Santa Ana, California. This facility is a Detached Mail Unit and houses USPS employees who check the mail throughout the day. InfoSend Headquarters: 4240 E La Palma Ave Anaheim, CA 92807 25H -51 30 • Supported in development of new company in 1996 • Laid groundwork for future IT development between 1996 and 1997 • Began research into Electronic Bill Presentment and Payment Services • Stayed active part -time with company while studying at UC Santa Barbara Education BA Business Economics from University of California, Santa Barbara (2001) Proficient In Website /Forms Design using Following Applications /Languages: HTML, Crystal Reports, Adobe Illustrator IV.A.8 GENERAL INFORMATION AND REFERENCES InfoSend Company Profile Mission Statement: "Our goal is to provide the best possible services along with cost savings to our customers in an accurate, reliable, and timely manner - with a personal touch." InfoSend, Inc. has been providing data processing, statement printing and mailing services to various industries since 1996. In addition to these services InfoSend offers fully hosted and managed e- Billing services. The Electronic Bill Presentment & Payment (EBPP) service can be used as a stand -alone service or integrated with the print and mail service. Incorporated on Jan 17, 1997 in California, InfoSend is a privately held company. InfoSend's core competencies are information technology, document formatting, and document production. The company's founders have over 35 years of combined Information Technology experience. This background has helped InfoSend adapt to technology changes and introduce new services to meet our clients' needs. We are continually refining services and adding to the equipment necessary to produce financial documents. Customer Service InfoSend's staff can be reached by calling our office toll free at (800) 955 -9330, or by dialing (714) 993 -2690. Live support staff answers phone calls and can also be reached via email. Most customer service inquiries can be resolved within the initial phone call or e -mail. Locations The Company currently owns and operates its 75000 sq ft headquarters and production facility. The building is located in Anaheim, California. The mail pieces that are produced at our Anaheim facility are picked up by the USPS and sent to to the main Post Office Hub of Santa Ana, California. This facility is a Detached Mail Unit and houses USPS employees who check the mail throughout the day. InfoSend Headquarters: 4240 E La Palma Ave Anaheim, CA 92807 25H -51 30 InfoSend Response — 12129/2006 InfoSend's second facility is located in Downers Grove, Illinois. This facility is also owned and operated by InfoSend and serves as the company's disaster recovery site. The site is fully networked and data is synched up from the Anaheim facility to the Downers Grove facility automatically. This facility is also a USPS Detached Mail Unit. Disaster Recovery Facility: 1406 Centre Circle Downers Grove, IL 60515 Description of Print & Mail Service InfoSend provides a free and secure upload form that authorized users can access to transmit files. Alternatively, you can automate your transfers using FTP or use a dial -up modem. Upon the receipt of the data file, a File Transfer Confirmation report will be sent via e-mail. Your data is then processed, address validated, presorted, printed, put through Quality Control (QC), folded, inserted, and mailed within 24 hours. Files transferred and approved before 9:00 a.m. Pacific Time are processed and mailed the same dav1 After your data has been processed and mailed, you will receive a detailed Process Confirmation report of the data processed for your records. The confirmation reports are available online at www.infosend.com. Programming InfoSend creates a custom program that reads your data and inputs it to InfoSend's database for processing. Common export formats are character delimited, XML, SDF, and flat ASCII. Our programmers will adapt to your file format instead of asking you to conform to a predefined template. InfoSend has successfully accepted data originating from a variety of different billing systems — including licensed and custom financial management platforms. We have the ability to suppress the printing of certain statements or invoices based upon specific criteria: account type, customer account number, dollar amounts, etc. CASS Certification: In accordance with postal regulations for presorted first class mail, we use CASS Certified software when processing incoming data. This software validates and presorts all customer delivery addresses into zip code order while adding the barcode and zip +4 extension. InfoSend can suppress the mailing of documents containing invalid addresses and instead report them to you in an electronic file, Forms Documents are printed on white or preprinted color forms. Custom preprinted forms allow InfoSend to match your logo colors and provide high quality screens. Both options are provided at the same price. Inserting InfoSend maintains a variety of mail folding and inserting equipment. Intelligent or "Selective" Inserting is available, which allows you to target specific customer groups with different mailing inserts such as special flyers or newsletters. Intelligent Inserting will also allow you to exclude a 25H -52 40 InfoSend Response — 1 212 9/200 0 #0 return envelope for all customers participating in an automatic payment program (ACH). If you require intelligent inserting, please contact your sales representative to go over the requirements. Inserts /Statement Stuffers. Any special insertslflyers /stuffers prepared by the client can be inserted with the bills, Additionally, InfoSend offers full graphic arts services including design and color printing of Inserts. InfoSend's online Insert Request Form is an innovative customer service tool that streamlines insert management. Request a quote for printing and schedule all of your inserts online, Submit the form through our wobsite and a summary of the request will be returned to the user Via email, View the previous requests for your account online as well. Quality Control InfoSend's Quality Control (QC) is one of the company's most unique internal programs, Printed documents are always put through a QC process before being released to the mailing department. InfoSend has invested in this additional service for the benefit of our customers, free of charge. Each QC operator checks for print quality and follows on- screen prompts that are specific to the client. Each individual mailing application can have its own set of items to check for. Message Manager This free customer service tool is a custom built web -based application that allows you to control the messages that print on your documents. You can schedule the messages months or even years in advance! You can assign unique messages to different types of customers, or even to individual account numbers or account number ranges. InfoSend offers the NCCALink service in conjunction with the United States Postal Service. The service is optional and replaces the small postcard or photocopy that the post office provides you when a customer fills out a change of address farm but does not contact you to give the new address information. If you choose to use NCCALink then InfoSend will use the NCOA database to update your addresses before the document Is printed and mailed. The cost is $0.50 per updated address. Exception Processing Exception Processing, or EP, is an optional service that allows you to approve, cancel, or hold individual bills based on predetermined criteria. You may choose to flag exception bills within the data, or InfoSend can build the custom exception rules on your behalf. Example: All bills with dollar amounts over $500,000, or less than $5.00, could be posted to the InfoSend website for individual approval. Please inform us If you would like a price for this service. 25H -53 41 InfoSend Response — 1212912.006 PDF Document Archiving PDF document archiving is an optional service. This is a document archiving tool used by your customer service representatives to download olectronic copies of any document that InfoSend malls. This web application allows you to query the database by customer name, account number, or up to three other custom fields. Documents are archived as individual PDF files, which gives you a quick download time. Your CSRs can use this service to research customer inquiries by viewing a carbon copy of the printed bill. Pricing Is based on how long the documents are retained. Ell Electronic Bill Presentment and Payment (EBPP) is an optional service. Give your customers the ability to pay their bills online and send bills to them via email. You can save postage costs by eliminating paper bills! The service is also commonly referred to as e- Billing or Online Billing. The portal is customized to match the look of your website and you can choose your own name for it. The City of Chino uses InfoSend's e- Billing service and chose to name it e- BillPay. The following is a screenshot of the login page: t jj Homan yrnitlpay Welcome to the City of Chino e- BillPay bogtn Area e•�EIPay To subscribe your account for Cky of Chin o- pilloay, click on the button baloay. TPOS system makes It onsy for cur customers W manage their own vailty account. Customers can choose to recelve statoments bye•mail, make online piaympns, s(gri up ro° recurring payments, or update their Information. To subscribe, simply click on the New subscription button. If you oxp Henca any difF.culUes, please Contact us by d@;WM Login Id. Password. .LLiFrIFiPASSW .6 rdSCiE'7',. Job Tracker and Sample Approvals The InfoSend website contains a variety of account management tools that you can use. The Job Tracker gives you real -time monitoring of the data files that it has submitted to InfoSend for processing. The Job Tracker informs you whether your file Is being processed, printed, put through QC, or in the mailing department. Confirmation reports are uploaded to the job tracker for easy reference. You can use the job tracker to approve samples of printed bills or online bills in the HTML format. References 25H -54 t2) WoSond Rospona — 1 2/2 9120 06 City of Anaheim 714 765-4531 � �_ __...... 201 S. Anaheim Blvd, #107 Russell Whitcu , tltilit Sarvices Su ervisor Anaheim, CA 92805 rwhitoup@anaheim.net , The City of Chino transmits 17,000 - 18,000 statements per month to InfoSend. Files are transmitted to InfoSend weekly for bath rintin and online presentment. The City of Anaheim transmits 85,000- 105,000 statements per month to InfoSend. Files are sent to InfoSend dally for rintin and maiiin . The City of Chino – —� 909 464-8357 _...._. 13220 Central Avenue -_ _ Olga Malien, _t. tIJ ILBliling Manager Chino CA 91710 omallan@cltyofchino.org , The City of Chino transmits 17,000 - 18,000 statements per month to InfoSend. Files are transmitted to InfoSend weekly for bath rintin and online presentment. El Toro Water District (949) 837 -7050, ext. 234 24251 Los Alisos Dave Westphal, Customer Service Manager Lake Forrest, CA 92630 dwestphal@etwd.com El Toro Water District transmits 8,000 – 10,000 statements per month rs to InfoSend. Files are transmitted for printing and rnailing. Partial List of California Utility Clients References have been provided prior to this section. Additional California utility clients Have been listed below. InfoSend currently services over 60 utilities In the State of California. Azusa Light and Water City of Calistoga City of Cotati City of Huntington Beach City of Livermore City of Morgan Hill City of Roseville – New client who chose InfoSend in late 2006 to provide e- Billing City of San Clemente City of Santa Cruz – New client who chose InfoSend in late 2006 City of Sonoma City of Sunnyvale Dublin San Ramon Services District Mammoth Community Water District Mesa Consolidated Water District North Mann Water District North Tahoe Public Utility District Valley of the Moon Water District 25H -55 43 InfoSend Response — 12/20/2006 Sample Materials Sample materials are included at the very end of this bid. Samples include utility bills from three different InfoSend clients. Sample envelopes have also been provided. IV,A.& INFORMATION ON ELECTRONIC PAYMENT EXCHANGE (EPX) Founded in 1979, EPX is a full - service credit card, debit card, and electronic check (ACH) payment processor providing secure front -end and back -end payment solutions that utilize tokenization and encryption technologies. Led by a senior management team that has been together for more than decade, EPX continues to lead the way in secure and cost - effective payment processing. EPX provides a straight- through, fully integrated, secure payment processing platform (acting as payment gateway and acquirer) and is dedicated to providing merchants with the most secure and cost - effective payment processing services. EPX will continue to research, build, implement, and support industry - leading payment processing solutions that facilitate PCI compliance, protect merchants, and enhance consumer confidence. EPX is revolutionizing the payments industry by providing fully integrated payment solutions enabling merchants to obtain merchant accounts and securely and efficiently process credit card, debit card, stored value, and ACH payments on one reliable platform. Just a few of the benefits businesses recognize as a result of using EPX solutions include: • enhanced data security • increased processing speeds and customized transaction reporting • dedicated client services • decreased risk exposure • lower costs • strengthened process reliability • reduced potential points of failure 25H -56 44 Exerutiue Department ,Ztate of Ulrornia EXECUTIVE ORDER 5-29 -15 WHEREAS on January 17, 2014, 1 proclaimed a State of Emergency to exist throughout the State of California due to severe drought conditions; and WHEREAS on April 25, 2014, 1 proclaimed a Continued State of Emergency to exist throughout the State of California due to the ongoing drought; and WHEREAS California's water supplies continue to be severely depleted despite a limited amount of rain and snowfall this winter, with record low snowpack in the Sierra Nevada mountains, decreased water levels in most of California's reservoirs, reduced flows in the state's rivers and shrinking supplies in underground water basins; and WHEREAS the severe drought conditions continue to present urgent challenges including: drinking water shortages in communities across the state, diminished water for agricultural production; degraded habitat for many fish and wildlife species, Increased wildfire risk, and the threat of saltwater contamination to fresh water supplies in the Sacramento -San Joaquin Bay Delta; and WHEREAS a distinct possibility exists that the current drought will stretch into a fifth straight year in 2016 and beyond; and WHEREAS new expedited actions are needed to reduce the harmful impacts from water shortages and other Impacts of the drought; and WHEREAS the magnitude of the severe drought conditions continues to present threats beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to combat; and WHEREAS under the provisions of section 8558(b) of the Government Code, I find that conditions of extreme peril to the safety of persons and property continue to exist in California due to water shortage and drought conditions with which local authority is unable to cope; and WHEREAS under the provisions of section 8571 of the California Government Code, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of the drought. NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular Government Code sections 8567 and 8571 of the California Government Code, do hereby issue this Executive Order, effective immediately. Exhibit 3 25H -57 IT IS HEREBY ORDERED THAT: 1. The orders and provisions contained in my January 17, 2014 Proclamation, my April 25, 2014 Proclamation, and Executive Orders B -26 -14 and B -28 -14 remain in full force and effect except as modified herein, SAVE WATER 2. The State Water Resources Control Board (Water Board) shall impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016. These restrictions will require water suppliers to California's cities and towns to reduce usage as compared to the amount used in 2013. These restrictions should consider the relative per capita water usage of each water suppliers' service area, and require that those areas with high per capita use achieve proportionally greater reductions than those with low use. The California Public Utilities Commission is requested to take similar action with respect to investor -owned utilities providing water services. 3. The Department of Water Resources (the Department) shall lead a statewide initiative, in partnership with local agencies, to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes. The Department shall provide funding to allow for lawn replacement programs in underserved communities, which will complement local programs already underway across the state.. 4, The California Energy Commission, jointly with the Department and the Water Board, shall implement a time - limited statewide appliance rebate program to provide monetary incentives for the replacement of inefficient household devices. 5. The Water Board shall impose restrictions to require that commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries, immediately implement water efficiency measures to reduce potable water usage in an amount consistent with the reduction targets mandated by Directive 2 of this Executive Order. 6, The Water Board shall prohibit irrigation with potable water of ornamental turf on public street medians. 7. The Water Board shall prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems. 25H -58 8. The Water Board shall direct urban water suppliers to develop rate strictures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions. The Water Board is directed to adopt emergency regulations, as it deems necessary, pursuant to Water Code section 1058.5 to implement this directive. The Water Board is further directed to work with state agencies and water suppliers to identify mechanisms that would encourage and facilitate the adoption of rate structures and other pricing mechanisms that promote water conservation. The California Public Utilities Commission is requested to take similar action with respect to investor -owned utilities providing water services. INCREASE ENFORCEMENT AGAINST WATER WASTE 9. The Water Board shall require urban water suppliers to provide monthly information on water usage, conservation, and enforcement on a permanent basis. 10. The Water Board shall require frequent reporting of water diversion and use by water right holders, conduct inspections to determine whether illegal diversions or wasteful and unreasonable use of water are occurring, and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. Pursuant to Government Code sections 8570 and 8627, the Water Board is granted authority to inspect property or diversion facilities to ascertain compliance with water rights laws and regulations where there is cause to believe such laws and regulations have been violated. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive. 11. The Department shall update the State Model Water Efficient Landscape Ordinance through expedited regulation. This updated Ordinance shall increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. It will also require reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015. The Department shall provide information on local compliance to the Water Board, which shall consider adopting regulations or taking appropriate enforcement actions to promote compliance. The Department shall provide technical assistance and give priority in grant funding to public agencies for actions necessary to comply with local ordinances. 12. Agricultural water suppliers that supply water to more than 25,000 acres shall include in their required 2015 Agricultural Water Management Plans a detailed drought management plan that describes, the actions and measures the supplier will take to manage water demand during drought. The Department shall require those plans to include quantification of water supplies and demands for 2013, 2014, and 2015 to the extent data is available. The Department will provide technical assistance to water suppliers in preparing the plans. 25H -59 13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of irrigated lands shall develop Agricultural Water Management Plans and submit the plans to the Department by July 1, 2016. These plans shall include a detailed drought management plan and quantification of water supplies and demands in 2013, 2014, and 2015, to the extent that data is available. The Department shall give priority in grant funding to agricultural water suppliers that supply water to 10,000 to 25;000 acres of land for development and implementation of Agricultural Water Management Plans. 14. The Department shall report to Water Board on the status of the Agricultural Water Management Plan submittals within one month of receipt of those reports. 15. Local water agencies in high and medium priority groundwater basins shall immediately implement all requirements of the California Statewide Groundwater Elevation Monitoring Program pursuant to Water Code section 10933. The Department shall refer noncompliant local water agencies within high and medium priority groundwater basins to the Water Board by December 31, 2015, which shall consider adopting regulations or taking appropriate enforcement to promote compliance. 16. The California Energy Commission shall adopt emergency regulations establishing standards that improve the efficiency of water appliances, Including toilets, urinals, and faucets available for sale and installation in new and existing buildings. INVEST IN NEW TECHNOLOGIES 17. The California Energy Commission, jointly with the Department and the Water Board, shall implement a Water Energy Technology (WET) program to deploy innovative water management technologies for businesses, residents, industries, and agriculture. This program will achieve water and energy savings and greenhouse gas reductions by accelerating use of cutting -edge technologies such as renewable energy - powered desalination, integrated on- site reuse systems, water -use monitoring software, irrigation system timing and precision technology, and on -farm precision technology. STREAMLINE GOVERNMENT RESPONSE 18. The Office of Emergency Services and the Department of Housing and Community Development shall work jointly with counties to provide temporary assistance for persons moving from housing units due to a lack of potable water who are served by a private well or water utility with less than 15 connections, and where all reasonable attempts to find a potable water source have been exhausted. 19. State permitting agencies shall prioritize review and approval of water infrastructure projects and programs that increase local water supplies, including water recycling facilities, reservoir improvement projects, surface water treatment plants, desalination plants, stormwater capture, and greywater systems. Agencies shall report to the Governor's Office on applications that have been pending for longer than 90 days. _TZr. , 25H -60 M The Department shall take actions required to plan and, if necessary, implement Emergency Drought Salinity Barriers in coordination and consultation with the Water Board and the Department of Fish and Wildlife at locations within the Sacramento - San Joaquin delta estuary. These barriers will be designed to conserve water for use later in the year to meet state and federal Endangered Species Act requirements, preserve to the extent possible water quality in the Delta, and retain water supply for essential human health and safety uses in 2015 and in the future. 21. The Water Board and the Department of Fish and Wildlife shall immediately consider any necessary regulatory approvals for the purpose of installation of the Emergency Drought Salinity Barriers. 22, The Department shall immediately consider voluntary crop idling water transfer and water exchange proposals of one year or less in duration that are initiated by local public agencies and approved in 2015 by the Department subject to the criteria set forth in Water Code section 1810. 23, The Water Board will prioritize new and amended safe drinking water permits that enhance water supply and reliability for community water systems facing water shortages or that expand service connections to include existing residences facing water shortages, As the Department of Public Health's drinking water program was transferred to the Water Board, any reference to the Department of Public Health in any prior Proclamation or Executive Order listed in Paragraph 1 is deemed to refer to the Water Board. 24, The California Department of Forestry and Fire Protection shall launch a public information campaign to educate the public on actions they can take to help to prevent wildfires including the proper treatment of dead and dying trees. Pursuant to Government Code section 8645; $1.2 million from the State Responsibility Area Fire Prevention Fund (Fund 3063) shall be allocated to the California Department of Forestry and Fire Protection to carry out this directive. 25. The Energy Commission shall expedite the processing of all applications or petitions for amendments to power plant certifications issued by the Energy Commission for the purpose of securing alternate water supply necessary for continued power plant operation. Title 20, section 1769 of the California Code of Regulations is hereby waived for any such petition, and the Energy Commission is authorized to create and implement an alternative process to consider such petitions, This process may delegate amendment approval authority, as appropriate, to the Energy Commission Executive Director. The Energy Commission shall give timely notice to all relevant local, regional, and state agencies of any petition subject to this directive, and shall post on its website any such petition. 25H -61 26. For purposes of carrying out directives 2 -9, 11, 16 -17, 20 -23, and 25, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are hereby suspended. This suspension applies to any actions taken by state agencies, and for actions taken by local agencies where the state agency with primary responsibility for implementing the directive concurs that local action is required, as well as for any necessary permits or approvals required to complete these actions. This suspension, and those specified in paragraph 9 of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014 proclamation, and paragraph 4 of Executive Order B- 26 -14, shall remain in effect until May 31, 2016. Drought relief actions taken pursuant to these paragraphs that are started prior to May 31, 2016, but not completed, shall not be subject to Division 13 (commencing with section 21000) of the Public Resources Code for the time required to complete them. 27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter 3 of Part 3 (commencing with section 85225) of the Water Code are suspended. 28. For actions called for in this proclamation in directive 20, the Department shall exercise any authority vested in the Central Valley Flood Protection Board, as codified in Water Code section 8521, et seq., that is necessary to enable these urgent actions to be taken more quickly than otherwise possible. The Director of the Department of Water Resources is specifically authorized, on behalf of the State of California, to request that the Secretary of the Army, on the recommendation of the Chief of Engineers of the Army Corps of Engineers, grant any permission required pursuant to section 14 of the Rivers and Harbors Act of 1899 and codified In section 48 of title 33 of the United States Code. 29. The Department is directed to enter into agreements with landowners for the purposes of planning and installation of the Emergency Drought Barriers in 2015 to the extent necessary to accommodate access to barrier locations, land -side and water -side construction, and materials staging in proximity to barrier locations. Where the Department is unable to reach an agreement with landowners, the Department may exercise the full authority of Government Code section 8572. 30. For purposes of this Executive Order, chapter 3.5 (commencing with section 11340) of part 1 of division 3 of the Government Code and chapter 5 (commencing with section 25400) of division 15 of the Public Resources Code are suspended for the development and adoption of regulations or guidelines needed to carry out the provisions in this Order. Any entity issuing regulations or guidelines pursuant to this directive shall conduct a public meeting on the regulations and guidelines prior to adopting them. 11e 25H -62 31. In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended for directives 17, 20, and 24. Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to these directives. This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 1" day of April 2015., EDMUND G. BROWN JR. Governor of California ATTEST: ALEX PADILLA Secretary of State 25H -63 25H -64