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INFOSEND SERVICE AGREEMENTinfosend InfoSend Service Agreement This Agreement entered into as of May 1, 2018 in Anaheim, California, by and between InfoSend, Inc. having its main office at 4240 E. La Palma Ave, Anaheim, California 92807 and The City of Clearwater, Florida, "Client" having its main office at: 100 South Myrtle Avenue Clearwater, FL 33756. InfoSend's primary phone number is (714) 993- 2690. Section 1. Term of Agreement The "Initial Term" of this Agreement shall be a period of thirty-six (36) months. Subsequent twenty-four (24) month "Renewal Periods" Term shall automatically commence upon the expiration of any term (Initial Term or Renewal Period) unless either party shall: • Execute a mutually agreeable Agreement Amendment prior to the expiration of the current term that documents a different mutually agreeable renewal period length. • Give written notice of non -renewal at least 60 days prior to the end of the current term. The party giving non- renewal notice can indicate if it prefers for the contract to be terminated at the end of the current term or for it to continue on a month-to-month basis if mutually agreeable to the other party. This notice must be sent in writing via certified mail, FedEx, UPS, all with delivery signature requested to cancel the automatic renewal of the Agreement for Renewal Period should a mutually agreeable Agreement Amendment not be signed before the end of the current term. This Agreement automatically terminates any prior contracts, terms or agreements previously executed between InfoSend and Client to cover the same services contained in this Agreement, unless specifically referenced herein. Section 2. InfoSend Services Subject to the terms and conditions of this Agreement, InfoSend will provide to Client, and Client will purchase from InfoSend, the services listed in Exhibit A ("Scope of Primary Services") to this Agreement for the pricing set forth in Exhibit B ("InfoSend Fees"). In the event Client requires other consulting, installation, development and/or customization services, InfoSend shall perform and Client shall purchase such services in accordance with the provisions of Exhibit C ("Professional Services") of this Agreement. Section 3. Termination This Agreement and any future amendments to the Agreement may be terminated for cause as follows: (a) If either party breaches any material term or condition of this Agreement, other than for Client's failure to pay and other than a failure to perform due to the causes described in Section 8, "Force Majeure," and fails either to substantially cure breach within thirty (30) days after receiving written notice specifying the breach, or, for those breaches which cannot reasonably be cured within thirty (30) days, to promptly commence curing such breach and thereafter proceed with all due diligence to substantially cure such breach, then the party not in breach may, by giving written notice to the breaching party, terminate this Agreement in its entirety, or as it pertains to a particular Product, Deliverable, Service or Professional Service, as of a date specified in such notice of termination. All of the obligations of the parties contained in this Agreement, except for Client's obligation to pay fees, shall be deemed to have been performed in an acceptable manner unless the party not in breach provides the breaching party with written notice as stated above within sixty (60) days of the event giving rise to the breach. (b) If Client fails to pay when due any payables owed hereunder within thirty (30) days of receiving written notice of such failure to pay thereof, InfoSend may, at InfoSend's option, terminate this Agreement in its entirety or Page 1 of 16 Agreement # INF20170303 Client Initial InfoSend Initial_ vv only as it pertains to a particular Product, Deliverable, Service or Professional Service, by giving written notice to Client, as of a date specified in such termination notice. (c) In the event that either party hereto becomes or is declared insolvent or bankrupt, is the subject of any proceedings related to its liquidation, insolvency or for the appointment of a receiver or similar officer for it, makes an assignment for the benefit of all or substantially all of its creditors, or enters into an agreement for the composition, extension or readjustment of all or substantially all of its obligations, then the other party hereto may, by giving written notice thereof to such party, terminate this Agreement as of the date specified in such notice of termination. (d) InfoSend or Client shall have the right to terminate this agreement at any time by providing written notice at least ninety (90) days' in advance of intention to separate. Upon termination of this Agreement or any portion hereof for any reason, all rights granted to Client under this Agreement with respect to terminated Products, Deliverables, Services and Professional Services, will cease and Client will promptly pay to InfoSend any and all charges due, including but not limited to payables that are due pursuant to this Agreement, the Discontinuance Fee set forth in Section 4 below and accrued finance charges; however, Client shall not be responsible for paying the Discontinuance Fee if this Agreement is terminated by InfoSend other than as a result of Client's breach of its obligations hereunder or is terminated by Client pursuant to Paragraph 3(a). Section 4. Discontinuance Fee The parties have mutually agreed upon the Fees for the Services to be provided hereunder based upon certain assumed volumes, and the Term of this Agreement. Because of the difficulty in ascertaining InfoSend's actual damages for Client's termination without cause or a termination of the Agreement due to a breach by Client prior to the expiration of the then -current Term, Client agrees that, prior to the effective date of such termination and in addition to all other payables then due and owing to InfoSend, Client will pay to InfoSend the following discontinuance fee: The discontinuance fee is equal to two (2) months of the Client's average monthly billing for the previous 6 months of Service (excluding any postage charges and professional services fees that were invoiced in that time period). Client shall not be required to pay the Discontinuance Fee if InfoSend terminates the Agreement pursuant to Section 3, Paragraph (a). Section 5. Confidentiality of Information All information and data relating to Client's business submitted by Client to InfoSend under this Agreement shall be treated as confidential by InfoSend and shall not, unless otherwise required by law (F.S 119, Public Records Act), be disclosed to any third party by InfoSend without Client's written consent. InfoSend shall promptly notify Client should InfoSend be served with a summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admission, or other discovery request or court order from any third party regarding this Agreement and/or the Services performed under this Agreement. Client cannot promise confidentiality due to Sec. 119, Fla. Stat. (Public Records Act). PUBLIC RECORDS In addition to all other contract requirements as provided by law, InfoSend agrees to comply with all public records laws. InfoSend's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the Customer to perform the service being provided. Page 2 of 16 Agreement # INF20170303 Client Initial lam- InfoSend Initial OA/ b) Upon request from the Client's custodian of public records, provide the Client with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if InfoSend does not transfer the records to the Client. d) Upon completion of the contract, transfer in a mutually agreed format for a mutually agreed cost, to the Client all public records in possession of InfoSend or keep and maintain public records required by the Client to perform the service. If InfoSend transfers all public records to the Client upon completion of the contract, InfoSend shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If InfoSend keeps and maintains public records upon completion of the contract, InfoSend shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Client, upon request from the Client's custodian of public records, in a format that is compatible with the information technology systems of the Client. InfoSend takes great care in both data security and human resource security. InfoSend has a Human Resources policy that requires all new employees to pass a background check performed by an outside company. All new employees must pass a drug -screening test as well. These practices will remain in place for the duration of the Agreement. Section 6. Limitation of Liability and Indemnification InfoSend will not be responsible for actions or omissions resulting from receiving data and/or following instructions received from Client. No damages shall be assessed against InfoSend when any delay or breach on InfoSend's part is caused by failure of Client to perform Clients' responsibilities or any other reason beyond the control of InfoSend. InfoSend shall not be liable for any indirect, consequential, special, incidental, punitive or other damages of any kind or nature whatsoever, whether claimed by Client or any other person, which arise out of the provision of the Services or Client's use of or reliance on them, unless such damages are a result of InfoSend's gross negligence or willful misconduct. Indirect damages due to InfoSend's gross negligence or willful misconduct will be in an amount not to exceed one -million dollar ($1,000,000) in damages. The Client's maximum liability for any claim of whatever nature or any obligation hereunder to indemnify InfoSend shell be limited to those amounts set forth in Section 768.28, F.S. InfoSend 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, failures or limitations on the availability of third party telecommunications or other transmission facilities and Clients' failure to properly enter and/or transmit information. Section 7. Invoicing and Payment InfoSend will issue monthly invoices by the 10th business day of the month. Invoice terms are NET 15. Should Client dispute any invoiced charges it must do so in a reasonable time frame. Disputes must be made within 3 months of the invoice date. Past due invoices not paid in accordance with F.S. 218.70 Florida Prompt Payment Act are subject to a 1.5% per month finance charge. Client acknowledges that past due invoices must be paid in in accordance with the F.S. 218.70 Florida Prompt Payment Act to avoid service interruptions. The recurring nature of InfoSend's services result in a rapid rise in the Client's account balance if Client's accounts payable process is delayed. This is especially true if InfoSend is invoicing Page 3 of 16 Agreement # INF20170303 Client Initial C1 InfoSend Initial AA/ client for postage charges. It is therefore necessary for InfoSend to put service on hold if past due account balances are not paid in a timely manner. The Past Due Accounts Receivable notes and procedures are outlined below: • InfoSend is at significant risk of financial loss if clients default on their past due debt. InfoSend's Accounts Receivable staff must therefore constantly monitor past due account balances and evaluate the risk of a client defaulting on debt if courtesy emails and finance charges do not reduce this risk. InfoSend reserves the right to reduce this risk by notifying Client's staff in writing that it must pay at least the portion of the account balance that is past due within five (5) days to avoid InfoSend's services being put on hold. • Should a hold be instated it will immediately be removed once payment is received. • Additionally, unpaid balances can result in cancellation of the agreement as per Section 3(b). InfoSend will provide Client an invoice including invoice number and details of each job batch and output performed by InfoSend. Invoices may be formatted to fit the needs of the Client accounts payable for reconciliation. Section 8. Force Majeure Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to causes beyond its reasonable control, including, but not limited to, fire, explosion, epidemics, earthquake, lightning, failures or fluctuations in electrical power or telecommunications equipment, accidents, floods, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, fuel or energy shortages, acts or omissions of any common carrier, strikes, labor disputes, regulatory restrictions, restraining orders or decrees of any court, changes in law or regulation or other acts of government authority, transportation stoppages or slowdowns or the inability to produce parts or materials. These causes will not excuse Client from paying accrued payables due to InfoSend through any available lawful means acceptable to InfoSend. Section 9. Miscellaneous This Agreement Shall Be In All Aspects Governed By And Construed And Enforced In Accordance With The Laws Of The State Of Florida, Including All Matters Of Construction, Validity And Performance. The Parties Hereby Attorn To The Jurisdiction Of The Courts Of The State Of Florida. No representations and agreements modifying or supplementing the terms of this Agreement will be valid unless in writing, signed by persons authorized to sign agreements on behalf of both parties. This Agreement is not intended to, and shall not be construed to, create or confer any right in or upon any person or entity not a party to it. Section 10. Piggyback Cooperative InfoSend and Client agree that InfoSend may offer the prices and the terms and conditions offered herein to other government agencies that wish to participate in a cooperative purchase program with Client. InfoSend will review these requests from other government agencies on a case-by-case basis to decide whether this Agreement can be extended to the new agency. At minimum, the following requirements must be met for the prices in this Agreement to be extended to the new agency: • The new agency must require similar types of service for similar document types (i.e. utility bills). • The monthly document volume that InfoSend will produce must be similar, or at a minimum, acceptable. • The new agency must agree to use InfoSend's standard materials. If the above conditions are not met then InfoSend will provide the new agency with revised pricing that it can elect to accept if it moves forward with the cooperative purchase program. Other agencies will be responsible for entering into separate agreements with the contract and for all payments thereunder made directly to InfoSend. Section 11. Insurance Page 4 of 16 Agreement # INF20170303 Client Initial InfoSend Initial Wil/ At its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the Contractor's deductible or self-insured retention and to require that it be reduced or eliminated. Specifically InfoSend must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Cyber Liability coverage in an adequate amount to meet or exceed the requirements, including notification and monitoring, under Florida Statute 501.171. d. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. e. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions a. Annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, InfoSend will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured" on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, InfoSEnd will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Gail Rini, Customer Service 100 S. Myrtle Ave Clearwater, FL 33756 Or Gail.Rini@myclearwater.com Page 5 of 16 Agreement # INF20170303 Client Initial CIS-- InfoSend Initial �""`� b. InfoSend shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. c. InfoSend's insurance as outlined above shall be primary and non-contributory coverage for InfoSend's negligence. d. InfoSend reserves the right to appoint legal counsel to provide for the InfoSend's defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to InfoSend's design, equipment, or service. Infosend agrees that the City shall not be liable to reimburse InfoSend for any legal fees or costs as a result of InfoSend providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City's failure to request evidence of this insurance shall not be construed as a waiver of InfoSend's (or any contractors', subcontractors', representatives' or agents') obligation to provide the insurance coverage specified. Page 6 of 16 Agreement # 1NF20170303 Client Initial InfoSend Initial V City of Clearwater, FL Name: C 1il`i'h ‘a_C Name: Po (A/ c; ( Title: 6i.(,1-'Q(ht( St Ce ; ft ckt. Title: Signature: 1= - Signature: InfoSend, Inc. Date: Countersigned: ge04\Q/C/{ .t5 George N. Cretekos Mayor Assistant City Attorney By: Attest: Date: t x - c u. fi v I/i C,z i)y ,e S i -f- CITY OF CLEARWATER_F.LORIDA (A) L. William B. Horne II City Manager Rosemarie Call City Clerk Page 7 of 16 Agreement # INF20170303 Client Initial �.i InfoSend Initial K21/V Exhibit A - Scope of InfoSend Primary Services Client will select one or more of InfoSend's Primary Services from the list below by checking the box next to the Primary Service name. Any Primary Services not selected prior to the execution of this Agreement can be added at a later date via an Agreement Amendment. Optional Service Features can be turned on or off at any time without incurring a termination fee when turned off. Section 1. Scope of DPPM Service: Data Transfer and Processing ■ Client to transmit data to InfoSend in an agreed upon format. Should Client make changes to data file format after initial setup is complete it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C — Professional Services for information on initial setup and ongoing programming changes. • A File Transfer Report will be emailed to the Client representatives who have opted -in to this email. A copy of this report is also available to download from the InfoSend website. • Client will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. Client can see both the original input file name and the InfoSend-assigned "Job Code". • InfoSend will process the mailing addresses and perform the following functions: o Apply CASS-certified address validation o Comply with USPS requirements to obtain pre-sort automation rates o InfoSend will stay current with all USPS regulations required to mail presorted first class mail • InfoSend will provide proofs of the final print -ready PDF files to Client to be reviewed and approved before printing begins (if requested). Document Printing and Mailing ■ Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms. ■ Printed documents are put through a quality control process and then released to the mailing department to be inserted into outgoing envelope. The return envelope and any applicable inserts are included as well. • After a batch of mail is completed in InfoSend's system it will be marked as such in the online Job Tracker and a Process Confirmation Report will be emailed to the Client representatives who have opted -in to this email. A copy of this report is also available to download from the InfoSend. Page 8 of 16 Agreement # INF20170303 Client Initial InfoSend Initial Rini "i Data Processing, Printing and Mailing Service ("DPPM Service"): During the term of this Agreement, InfoSend will provide data processing, printing and mailing services. The Service consists of processing data, printing documents, mail preparation, applying postage (where applicable) and sending via the United States Postal Service. Document types include but are not limited to bills, postcards and letters. 0 InfoSend will provide eBusiness services (the "eBusiness Services"). During the term of this Agreement InfoSend can provide eBusiness Services. These services can include presenting bills onlineand/or accepting payment transaction information to facilitate ACH and/or credit card payments. Section 1. Scope of DPPM Service: Data Transfer and Processing ■ Client to transmit data to InfoSend in an agreed upon format. Should Client make changes to data file format after initial setup is complete it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C — Professional Services for information on initial setup and ongoing programming changes. • A File Transfer Report will be emailed to the Client representatives who have opted -in to this email. A copy of this report is also available to download from the InfoSend website. • Client will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. Client can see both the original input file name and the InfoSend-assigned "Job Code". • InfoSend will process the mailing addresses and perform the following functions: o Apply CASS-certified address validation o Comply with USPS requirements to obtain pre-sort automation rates o InfoSend will stay current with all USPS regulations required to mail presorted first class mail • InfoSend will provide proofs of the final print -ready PDF files to Client to be reviewed and approved before printing begins (if requested). Document Printing and Mailing ■ Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms. ■ Printed documents are put through a quality control process and then released to the mailing department to be inserted into outgoing envelope. The return envelope and any applicable inserts are included as well. • After a batch of mail is completed in InfoSend's system it will be marked as such in the online Job Tracker and a Process Confirmation Report will be emailed to the Client representatives who have opted -in to this email. A copy of this report is also available to download from the InfoSend. Page 8 of 16 Agreement # INF20170303 Client Initial InfoSend Initial Rini "i Section 2. Service Level Agreement: InfoSend agrees to the following Service Level Agreement (`SLA") with penalties for non-compliance during delivery of InfoSend services detailed in the agreement. The SLA applies even in the case of a routine natural disaster (such as an earthquake or fire) or other issue that necessitates the transfer of the Service to a disaster recovery facility. The SLA penalties do not apply if errors or delays are caused by the Client or if there is a serious issue such as an act of war or region -wide calamity that no company could prevent against using commercially available disaster preparedness techniques. InfoSend and Client agree on the following SLA: • InfoSend hosted web applications will maintain a 99.99% uptime • Documents will be produced and distributed exactly as displayed in the Client -approved sample file • Documents will be printed on the correct forms and inserted in the correct envelopes • The documents will be printed and mailed the next business day • Completed job batch reports will be provided within 24 hours • Planned system maintenance will be communicated by InfoSend in advance If the above SLA is not met, a 10% Service Fee penalty will be provided for each business day that a batch of documents is delayed. The penalty would apply to Infosends monthly Service Fees in the month in which the failure occurs only and not to postage or materials (printed stock, envelope stock, etc.). If the data is not output as displayed in the Client -approved sample files, a 50% Service Fee credit will be provided if the issue did not impact all documents in the batch or did not impact the ability for customers to understand the documents and remit payments. If the issue affected all documents in the batch or impacted the ability for the customer to understand the document and remit payments, a 100% Service Fee credit will be applied (e.g. inaccurate data was printed due to an InfoSend data processing error). Section 3. Scope of eBusiness Services: eBusiness Services were not included as part of the scope of services in the solicitation that resulted in this contract. eBusiness Services desired by the City may be added by amendment to this contract. Page 9 of 16 Agreement # INF20170303 Client Initial CA InfoSend Initial IliAi Exhibit B - InfoSend Fees Section 1. Price Escalations to InfoSend Fees InfoSend Fees can be adjusted once every twelve (12) months to account for increases in the cost of materials, labor, and other overhead costs as published by the U.S Government under the "All Goods and Services" of the Consumer Price Index. InfoSend reserves the right to increase InfoSend Fees on a yearly basis (starting with the first anniversary of the Agreement date). The Client will be notified, in writing, at least 30 days prior to such price increase. An amendment to this Agreement will not be required if the Fees are changed, unless the terms or conditions of the Agreement have changed. Postage fees can change at any time per USPS regulations and do not require an Agreement amendment. Section 2. DPPM Fees: Client understands that print and mail production costs vary based on volume. The following InfoSend Fees are based on the estimated annual volumes listed below. Should Client's actual continuous volume be less than 70% of the volume estimates Client has provided to InfoSend (listed below) then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this rare situation arise then InfoSend will notify Client immediately and negotiate with Client in good faith to pass on any increased production costs to Client. Sales tax is not included. Any applicable sales tax will be collected per government regulations. The below pricing does not include any applicable initial setup fees, please see Exhibit C — Professional Services for initial setup fee and ongoing Professional Services Fees pricing. Pricing Summary For your convenience this pricing summary provides the price for each piece of outbound mail including the NEW USPS postage price increase effective January 2018. Additional detail including setup fees, printing and envelope options plus optional services is included below under pricing detail. - mg es EEnvelope. in a) m a Fs 2 m am .c e = age Mail Piece Summary - Letter Size Statemen "= Non -Materials Service Fee: Processing of your unique data, PDF creation, CASS address validation, presorting, two color duplex printing, folding, and mail insertion. Per page $0.047 Paper Stock: InfoSend Standard blank white 8.5" x 11" perforated paper. Per sheet $0.014 Outgoing Envelope: InfoSend Standard blank #10 Double Window Outgoing Each $0.0155* Return Envelope: InfoSend Standard blank #9 Single Window Remit Envelope. Each $0.0135* Total per mail piece without postage Each $0.09 Estimated Postage: Price for qualified mail pieces which earn the Full Service intelligent mail USPS discount maximizing the most saving per piece. Not all mail pieces will qualify for lowest discount. Subject to USPS mandated changes. Each $0.375** Total per mail piece with estimated postage Each $0.465 *Includes the use of InfoSend standard envelopes — the most economical option. Pricing for custom Clearwater envelopes included below under "material component fees". **This includes the January 2018 USPS Price Increase InfoSend's letter size processing solution includes cost saving services such as "householding" (multiple accounts mailing to same name and address mailed in single envelope) and remit envelope suppression (omitting return Page 10 of 16 Agreement # INF20170303 Client Initial C1 InfoSend Initial /24. envelope for Auto -Pay, zero and credit balances). These should be taken into account when conducting any cost analyses. Pricing: Data Processing, Print & Mail Service Fees InfoSend's Fees — Turnke The individual prices shown in the table below apply only to the turnkey Data Processing Print & Mail service for ing can be quotes'li' if ligi g Options Below: Primary Services Per Item Turnkey Data Processing Print & Mail service Price is per physical page. Includes processing of your unique data, CASS address validation, presorting, printing, and mail insertion. Finished mail pieces are delivered to the USPS within one (1) business day. If samples (proofs) are requested then the mailing will be completed within one dao f I I Fl load y same a approvai . e up deadline for next -day mailing is 3:OOPM local time at the production Up to 2/1 Printing facility designated for your account. 4/1 Printing If samples are required then they 4/4 Printing must be approved by 5:30PM for the file to be mailed by the next business day. All Utility Bills and Notices (Per Sheet) Est. Volume 61,000 documents/month Est. 22 Batches/month Different options are available at different prices. Numbers fewer than 4 equal individual colors, 4 equals full color. The number 1 means black or grey. All sheets are billed at the same rate; the price for the sheet with the highest number of colors is the applicable fee. 4 equals CMYK (full color). Excludes materials, sales tax (where applicable), and postage. A postage deposit will be required prior to go live. For the quoted prices to apply InfoSend must have the right to combine data files sent by your organization with other files you have sent, when possible. Higher pricing applies if files must be printed separately. Pricing assumes the use of materials options listed in the below section. Page 11 of 16 Agreement # INF20170303 $0.047 $0.05 $0.053 inline Inserts (Per Sheet) Printed 2/2 Price for inserts printed on demand as additional pages Inline production process dictates inserts be the same size as the bills and or notices. (Available at California production facility only) $0.047 Multiple Page Mail Piece Surcharge — Handwork This surcharge is assessed per mail piece (not per page). This surcharge only applies to multiple page bills that have too many pages to be inserted into the #10 envelope by machine. This surcharge covers the necessary manual labor required to process these mail pieces. $0.30 Postage (for all job types) You will be invoiced for the exact postage used. You must use one of the two USPS approved Move Update methods to get the presort discounts: Pass Through Electronic Address Updates — NCOALink or ACS Per reported update. InfoSend electronically reports the addresses it received in your data that need to be updated because the customer filed a Change of Address Report with the USPS. Cost is per update. $0.30 Client Initial k InfoSend Initial 41/ 24 Hour Courier Service for Miscellaneous Pulls Pass Through Statement, Invoice, or Letter Paper Stock All Documents: white paper stock with or without perforation. Paper is 8.5x11" and 241b. Price includes all inventory costs. The larger 8.5x14" format is supported at a higher material cost and higher printing cost. All of your content will be digitally printed on the plain white paper in black, black plus one color, or full color per the printing option from the prior table that you select before implementation. Black printing onto custom pre-printed forms is available but not recommended. Dynamically printing content onto white paper gives you more flexibility. Additionally if you utilize plain white paper and standard InfoSend envelopes then all materials will be readily available to print at any one of InfoSend's three production facilities should there be a disaster at one of the facilities. Standard materials keep costs down and ensure proper disaster recovery. Per Sheet $0.014 Custom Printed Newsletter 7.25 x 12.325, white 60# offset, printed 2/2, double parallel fold Per Insert $0.0534 InfoSend Standard Window Envelopes Standard Window Envelopes These envelopes include security tint printed on the inside of the paper stock and clear film that prevent the contents of the envelope from being viewed. These envelopes also use sustainably logged paper (SFI). Per Standard Envelope Options Below: #10 InfoSend Standard Double Window Outgoing Envelope $0.0155 #9 InfoSend Standard Single Window Return Envelope $0.0135 Other Envelopes Clearwater Custom Printed Outgoing #10 Single Window Envelope Printed on 24# White Wove Paper Printed in Black $0.0198 Clearwater Custom Printed Outgoing #10 Single Window Envelope Printed on 24# White Wove Paper 3 Color City Logo $0.022 Clearwater Custom Printed #9 Closed Face Return Envelope Printed on 24# White Wove Paper Printed in Black $0.019 Page 12 of 16 Agreement # INF20170303 Client Initial CA InfoSend Initial Iv i1 Flat Single Window Envelope — only used for multiple page statements that do not fit in the #10 envelope. Per Flat Envelope $0.16 Pricing: Turnkey Data Processing Print & Mail Service Optional Services Drop -Shipped Inserts & Inserting of InfoSend-Printed Inserts Clients can print and fold inserts and ship them to InfoSend to be mailed with the statements. If folding is required add $0.01 to the fee. InfoSend-printed inserts are quoted upon request. No additional service cost to use selective inserting to selectively include inserts with certain bill types as long as at least 3,000 customers are targeted (set-up costs can apply in some situations for advanced selective inserting criteria). Cost includes all inventory costs. Per Insert $0.005 Print Messages on the Outside of the Standard Envelope Custom messages and images can be printed onto the standard InfoSend #10 double window envelope. This type of printing is referred to as "sniping" and usually used to print temporary content on a month or two worth of envelope stock. It is more cost effective to digitally inkjet print this content onto pre -manufactured envelopes than to order truly custom stock that was manufactured specifically for you. Price depends on the artwork you'd like to print — number of colors and whether it prints on one or both sides of the envelope. Price is quoted upon request. Per Envelope TBD Print Image Archive Each bill is stored as a PDF and indexed in a database. Search by account number or other key fields. You are charged one up -front fee per document to process it, index it, and store it for a set number of months. The PDFs are accessed using a browser -based application that is accessed by logging in to the InfoSend website. Third party applications can also access the PDFs via a lightweight API with no cost increase to the unit fees. Setup fees may apply depending on your configuration needs. This service includes outbound mail tracking at no additional cost. You can view USPS -provided mail tracking data from the same interface that you use to view PDFs of the printed bills. Only available with mail sent using 1st Class Postage, and not available in some cases with postcard mailings. Per PDF (No Set-up Fee) $0.01 - For 12 Months of Retention $0.017 - For 18 Months of Retention $0.022 - For 24 Months of Retention $0.027 - For 36 Months of Retention FinalDoc CD This CD archiving service is a simple and cost effective way for you to retain document images long-term. You can search by account number or name. The documents are stored on the CD in PDF format. FinalDoc CD is used by your staff to look up individual documents. Per CD $95.00 + Shipping & Handling Page 13 of 16 Agreement # INF20170303 Client Initial InfoSend Initial FinalDoc Transfer Option1: Each completed InfoSend batch is indexed and transferred to you via Per Document FTP or SFTP to store on your own network. InfoSend will transmit each batch as one PDF file, and can provide an optional companion XML index file that provides a breakdown of the PDF's contents. All individual documents from the Option 1: $0.009 batch will be included in the file. $0.015 Option 2: InfoSend is able to transfer individual PDF files for each document in Option 2: the batch (it is not possible to just receive a subset of the documents), provide a customer file -naming scheme, or provide a custom index file. Additional Professional Service Fees may be required depending on the customizations requested. Professional Services Per Hour $150.00 Per hour and performed only upon request. For customizations made to document processing program or document format after go -live. Work is only started after receiving your approval of a formal quote. Section 2.1. Custom Forms/Envelopes If Client has selected the Printing and Mailing Service and at any time requests that InfoSend Fees include the cost of custom Client -specific materials (either in this Agreement or since its execution), then Client understands and accepts that these materials will be purchased in bulk to achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of requested custom materials (normally forms or envelopes) if Client stops using InfoSend's Service for any reason. Client agrees to purchase the remaining supply of custom forms/envelopes upon Client's request to change the custom forms/envelopes before the supply has been depleted. Section 2.2. USPS Postage Rates Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS and are independent of any InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail. Section 2.3. Postage Deposit InfoSend purchases the postage needed to mail Client documents on the day of mailing. The postage charges are later invoiced to Client based on the Client's payment terms. InfoSend requires Client to submit a postage deposit prior to the first mailing to facilitate the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination Client must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid. The postage deposit is subject to an annual review and may be adjusted to account for changes to Client average mailing volume or changes to USPS postage rates. There will be no more than one adjustment requested per year, if at all. The postage deposit amount is calculated by multiplying the estimated number mail pieces per month by the current 5 -Digit pre-sorted first class postage rate. The postage deposit amount due for your account is: 61,000 mail pieces per month X $0.378 X 1 = $23,058.00. Page 14 of 16 Agreement # INF20170303 Client Initial InfoSend Initial 124vV Exhibit C — Professional Services Section 1. Price Escalations to InfoSend Professional Services Fees InfoSend Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of providing these services. InfoSend reserves the right to increase Professional Services Fees on a yearly basis, starting with the first anniversary of the Agreement date, if needed. The Client will be notified, in writing, at least 30 days prior to such price increase. An amendment to this Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed. Section 2. Definition of Professional Services InfoSend Professional Services are the technical services that are required to perform the initial setup of the InfoSend Primary Services defined in Exhibit A and the technical services required to make changes to these Primary Services after the initial setup is complete. Once any Primary Service is live and operational Professional Services will not be required unless Client requests a change or makes changes to its data file format or business rules which necessitates a change to InfoSend's system configuration or programming. Examples of InfoSend Professional Services: • Project requirements gathering and analysis hours • Project management and/or consulting hours • Software development and system configuration hours related to the processing of Client's data • Software development and system configuration hours related to document design, web portal setup, business rule configuration, or any other applicable technical services • Application testing and deployment hours Section 3. Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $150.00 per hour. Anytime a project will incur billable Professional Services hours Client will be informed before work begins. InfoSend and Client will execute a Statement of Work for project that Client wants InfoSend to undertake. The payment terms for the project depend on the size and scope of the project. The Statement of Work can include payment terms that are different than the terms listed in this Agreement for InfoSend Fees, otherwise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professional Services can be initiated without a Statement of Work if Client accepts and executes a Programming Quote for this work. All projects that will take more than five (5) hours of Professional Services work will require both parties execute a formal Statement of Work. Depending on the nature of the work required InfoSend will provide one of the following quotation methods: • Fixed Quote — a fixed project cost will be set. InfoSend may elect to waive this cost in some circumstances. Client understands and accepts that it must accept the terms and conditions of the Statement of Work for the project and that changes made to the project requirements, data file structure, etc. after the Statement of Work and any amendments to it have been finalized will require Client to pay for these changes on a Time and Materials basis. Client will be notified immediately if this scenario happens and given an option to keep the original project specifications to keep the fixed quote in place. • Time and Materials quote — should it not be possible to provide a fixed quote due to the nature of a Client's requested project then InfoSend will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis. The Statement of Work will include the terms and conditions for these project types and Client will be invoiced weekly for the hours spent on the project. Page 15 of 16 Agreement # INF20170303 Client Initial InfoSend Initial V A Section 4. Initial Setup Cost: InfoSend Primary Services The Initial Setup cost for the InfoSend Primary Services selected in Exhibit A are listed below. These costs have been provided using a Fixed Quote process, explained in Section 3 above. Client understands and agrees to these terms and to the project -specific terms and conditions that will be provided in the Statement of Work that will be created to capture Client's specific requirements and data types. Data Processing and Document Creation Initial Setup Fee This applies to the following services, unless client provides pre -rendered PDF files: DPPM Service Project Fixed Initial Setup Cost: Waived one raw file implementation for the length of the contract Project Summary: This project will be completed to process Client's input data files and create the output to be used for the print or online delivery channel. Project Details: A requirements gathering process will be initiated to build the Statement of Work required to begin programming and system configuration. During the requirements gathering process the InfoSend and the Client will discuss: • Client's custom data (if applicable). When custom data is provided by the Client a "field mapping" or "field description" document is required before project implementation can begin. This document is an absolute requirement; programming cannot be based on assumptions and all fields must be defined before programming can begin. • Document design. Client must sign -off on a document design "mockup" before programming can begin. The mockup is a visual representation of how the document will look after Client's custom data is processed by InfoSend's system. Project Schedule: Project is estimated to take 8-12 weeks to complete. The Statement of Work will contain all client deliverables and responsibilities. Both parties agree to dedicate adequate resources to the project to complete it in the shortest amount of time possible. Should Client make changes to the data file after programming has begun it must pay Professional Services Fees, on a Time and Materials basis, to cover the programming changes required to accept the new data. Should the document design be changed after the final mockup is accepted and signed off on by the Client then Professional Services Fees will apply, on a Time and Materials basis, to cover the cost of making these changes. Changes to the Client data file, document design, or other key specifics collected and finalized during the requirements gathering process will impact the project completion date. Changes made after the Client has executed the Statement of Work and any follow up documents can cause delays to the project completion. Project Cost has been Subsidized: InfoSend's internal cost to complete the project is higher than the cost quoted to Client at the top of this table. InfoSend has subsidized by factoring in years of Fees as it is confident that its quality of service will make Client want to stay with InfoSend for years beyond the Initial Term of this Agreement. Should Client cancel the project or terminate the Agreement at its convenience less than two (2) years from the Agreement date then it must pay a total of $3,000.00 (including any Initial Setup Cost already paid) to InfoSend to cover the Initial Setup cost. Page 16 of 16 Agreement # INF20170303 Client Initial ha InfoSend Initial .(2A -Al