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HomeMy WebLinkAboutItem #06 Piggybacking on Collier County's Contract for Direct Mailing Service including Utility Bill Printing and Mailing Cee ter of Good Li 413 W AGENDA ITEM COVER SHEET Meeting Date: June 19, 2012 Item # kp Reviewed By: Contact Name: Joyce Tolbert Department Director: Wanda Horton Jig Contact Number: 407 - 905 -3100 ext. 1036 City Manager: Robert Fran °�' Subject: Piggybacking on Collier County's Contract for Direct Mailing Services including Utility Bill Printing and Mailing Background Summary: The monthly printing and mailing of utility bills and other publications i.e. -News to You, annual drinking water report, and founders' day flyers- for the city is provided by an outside vendor. The city entered into an agreement with Southwest Direct Inc. for these services. Our contract expires July 22, 2012. The current agreement does not provide for an extension beyond that date. Staff has located a similar contract between Collier County and Southwest Direct which would allow the city to piggyback. Collier County awarded Bid No. 08 -5125 to Southwest Direct Inc. March 10, 2009. The contractual rates in the Collier County agreement are $.003 less than what we currently pay for utility bills. The bid expires March 2013 which will provide sufficient time for us and /or Collier County to go through a bid process. Issue: Should the Commission approve piggybacking of Bid No. 08 -5125 issued by Collier County to Southwest Direct Inc. for the printing and mailing of monthly city utility bills for a cost of $.138 per piece and other publications based upon the contract price. Recommendations: Staff recommends the City Commission 1) approve piggybacking Bid 08 -5125 issued by Collier County for direct mailing services including monthly printing and mailing of city utility bills and other publications and, 2) authorize the Mayor and staff to execute all documents required to complete the contract. Attachments: Letter from Collier County extending the contract conditions and Southwest Direct, Inc.'s contract with Collier County. Financial Impact: Sufficient funds are included in the current year budget. Piggybacking this contract should result in a small savings for the city. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A 1 Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 I • i Colter County Administrative Services Division Purchasing December 19, 2011 Mr. Anthony Correnti Southwest Direct, Inc. 2129 Andrea Lane Ft. Myers, FL 33912 Fax: 239.769.0408 . Email: bludden@SWdirect.com RE: Renewal of Contract #08 -5125 "Direct Mailing Services Including Printing & Mailing of Utility Bills" Dear Mr. Correnti: Collier County would like to renew the above agreement under the same terms and conditions for . one (1) additional year in accordance with the renewal clause in the agreement. Per your agreement/contract, you may at time of renewal request a price increase. If you are agreeable please indicate your intentions by providing the appropriate information as requested below: l/ I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. • Provide updated and current insurance certificate, and . I am not agreeable to renewal of this contract. I I By your signature this contract will be in effect from March 10, 2012 until March 9, 2013. ,.+.r .4F y ; r ' r Mr• "1 \ \� %chasing Department. 3327 Tamiami Trail East • Naples, Florida 34112 -4901 • www,colllergov.net/purchasing • Page 2 of 2 RE: Renewal of Contract #08 -5125 "Direct Mailing Services Including Printing & Mailing of Utility Bills" Please return this letter to the Purchasing Department with your response, insurance certificate, at your earliest convenience. If you have any questions you may contact me at 239 - 252 -6020, email brendareavescolliergov.net and fax 239 - 252 -6592. Best regards, A 674" Steve Y. Carnell Director — Purchasing / General Services Acceptance of Contract Renewal (Submit updated insurance requirements and executed E-Verify profile page or MOU) Name of Company a i/M GJG -SP j S / 1/', Company Signature (Corporate Officer) Print Corporate Officer /131441_01A1 f (`i rT'°/' (O Name Signature Date OZ - /- /7 Updated Contact Information (In order to make sure our contact information is current.) • Contact Name 4/?/7Yi1/ Telephone Number L l/ illo FAX Number S 90 4 Email Address fyl hie I/ l�r �4% - Su'� c ( Address • . /4 ' 4 y . ,i /7 -C: s /--L 53q/Z • C: Teresa Riesen, UBCS AGREEMENT08 -5125 for "Annual Contract for Direct Mailing Services Including Printing & Mailing of Utility Bills" THIS AGREEMENT, made and entered into on this ((day of (Y\ , 2009, between Southwest Direct, Inc., authorized to do business in the State of Florida, whose business address is 2129 Andrea Lane, Fort Myers, Florida 33912, hereinafter called the "Vendor ", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall 'be for a one (1) year period commencing upon award by the Board of County Commissioners and after receipt of the Notice to Proceed, in the form of a letter from the Project Manager. The County may, at its discretion and with the consent of Vendor, renew the Agreement under all the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give Vendor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Vendor shall provide direct mailing services to process, print, and mail the County's customer bills ( "Work ") in accordance with the terms and conditions of RFP #08 -5125, Exhibit C and the Vendor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges /fees identified in Exhibit B of this Agreement. Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page 1 of 15 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Southwest Direct, Inc 2129 Andrea Lane Fort Myers, Florida 33912 Attention: Anthony D. Correnti, President Telephone: 239 - 768 -9588 Facsimile: 239 - 768 -0408 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8407 Facsimile: 239 - 732 -0844 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, Page 2 of 15 conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non- Countyship. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Vendor shall insure that all sub Vendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. Page 3 of 15 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Utility Billing and Customer Service Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services, 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, RFP #08 -5125 Specifications /Scope of Services, Exhibit A Supplemental Terms and Conditions, Exhibit B Quality Assurance, Exhibit C Implementation Schedule, and Exhibit D Testing and Process Acceptance . 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311, as may be amended or otherwise updated. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firn from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 4 of 15 19. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to the County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL /PROJECT STAFFING: The Vendor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Vendor shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Vendor shall not change key personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) the County is notified in writing as far in advance as possible. Vendor shall make commercially reasonable efforts to notify the County Page 5 of 15 within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 25. ASSIGNMENT: Vendor shall not assign this Agreement or any part thereof, without the prior consent in writing of County. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the County's consent, shall be void. If Vendor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Vendor all of the obligations and responsibilities that Vendor has assumed toward County. 26. PAYMENTS WITHHELD: County may decline to approve any invoice for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and County may withhold any payments otherwise due Vendor under this Agreement or any other agreement between County and Vendor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable filing of such claims; (c) failure of Vendor to make payment properly to sub Vendors for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the contract amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Vendor; or (g) any other material breach of the Agreement documents. If any conditions described above are not remedied or removed, County may, after three (3) days writ notice, rectify the same at Vendor's expense. County also may offset against any sums due Vendor the amount of any liquidated or unliquidated obligations of Vendor to County, whether relating to or arising out of this Agreement or any other agreement between Vendor and County. 27. SUBSTITUTE PERFORMANCE: In the event the Vendor fails to perform any required service within the time schedule under the subsequent Agreement, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Vendor's payments. The Vendor may be exempt from this provision if such exemption is granted by the project manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. Page 6 of 15 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwig. Brock, Clerk of Courts i t ' • ''''' V -2 6 - &-g / kcC 7 • 'A.Aircr- By: cd-cP Z, Da ed:i , IJ 0- Donna Fiala, Chairman 0 "if itnaturii Of - , Southwest Direct, Inc Vendor .411. icActi62_, / ' AA. t ly By: I&Lfra..4:4A First ess Signature r ?)il-LA■-) LJ TType/print witness nameT itness Typed signature and title vP TType/print witness nameT Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Page 7 of 15 Exhibit A Supplemental Terms and Conditions SECTION 1: PROCESSING OF MAILING AND BILLING DATA FILES: Each business day, the County will send the Vendor files ( "Data Files ") that contain one, or multiple cycles of customer bill information. The County may send multiple files to the Vendor per day. The Data Files will be sent to the Vendor via the Vendor's secure FTP site. Data Files that the County sends to the Vendor's FTP site by 12:00 noon each business day shall be processed and all customer bills and inserts printed and mailed, by 5:00 pm the same business day. Data Files that the County sends to the Vendor's FTP site after 12:00 noon each business day, shall be processed and all customer bills and inserts printed and mailed by 5:00 pm the next business day. If the County's internal network is not able to send Data Files to Vendor, the County will contact the Vendor immediately and make arrangements to provide the Vendor with the Data files. Any travel expenses incurred will be reimbursed as per Section 112.061 of the Florida Statutes. SECTION 2: UNAVAILABILITY OF VENDOR'S FTP SITE: The Vendors FTP site shall be available to the County twenty four (24) hours per day, seven (7) days per week, to accept Data Files. If the Vendor's FTP site is unavailable to accept Data Files from the County, the County shall notify the Vendor's designated contact person immediately and the Vendor shall make the necessary arrangements, at Vendor's sole expense, to obtain the Data Files from the County within twenty four (24) hours. If files are obtained before 12:00 noon of the same day of notification, Vendor agrees to process before 5:00 pin the same day. If data files are obtained after 12:00 noon on the same day of notification, Vendor agrees to process before 5:00 pm the next business day. If the Vendor does not process, print and mail all customer bills and inserts as outlined above, the County will assess liquidated damages as per Section 11 below. SECTION 3: DATA RECONCILIATION INFORMATION - Upon completion of the processing, printing, and mailing of all customer bills in a Data File, Vendor shall email the County notifying them that the Data File has been successfully processed and the date and time that the customer bills were mailed. The email will contain a file with any address corrections identified for the customers in the Data File. An email messages will be sent to a distribution list of the County employees. This list will be provided to the Vendor by the Utility Billing and Customer Service Department. SECTION 4: NCOALINKTM - Vendor shall provide mail forwarding via the NCOALink from the United States Postal Service (USPS) to update the mailing address for customers in the Data Files when the customer bills are being printed. The customer mailing addresses in the Data Files are electronically matched to the national database of address changes within the last eighteen (18) months. SECTION 5: EQUIPMENT, SOFTWARE, AND FACILITIES - It shall be the responsibility of the Vendor to obtain, and maintain all the equipment, software, services, and facilities required to accurately print and mail the County's bills within the timeframes defined in this Agreement. The County shall not be responsible for providing or maintaining any of the equipment, software, or facilities needed to process, print, and mail the customer bills and inserts. Page 8 of 15 SECTION 6: SYSTEM IMPLEMENTATION SERVICES - Vendor shall provide all implementation and system testing services as per Exhibit D and E to the County at no charge. The implementation will prepare the Vendor system to process, print, and mail the County's customer bills, including, but not limited to the following: • Preparing the Vendor secure FTP site for accepting Data Files sent to the Vendor by the County Training County personnel to access the FTP site to transfer Data Files to the Vendor • Implementing the County's bill print format into the Vendor system • Design an interactive web site, which will allow the County's customers to view and print their bills • Provide ongoing web site development SECTION 7: WEB SITE PROVIDED BY VENDOR - Vendor shall make a web site available twenty -four (24) hours seven (7) days a week to allow the County's customers to access their utility bill information. A link will be implemented on the County's web site to transfer customers from the County's web site to the Vendor's web site. A County customer that accesses the Vendor web site will be required to enter their account number; the Vendor web site must authenticate the account number before displaying the customer's billing information. When a customer enters a valid account number, the Vendor's web site will display the customer's bills for the last twelve months. The customer shall have the ability to print a copy of any of the bills in their account. If the customer elects to print a copy of a bill, the format of the bill printed will be the same as the format of the bill that is mailed directly to the customer. The customer bill information that is displayed on the Vendor web site will be limited to only those customer bills that have been processed, printed, and mailed by the Vendor. Customer bills that were not processed, printed, and mailed by the Vendor will not be available on the Vendor web site. Vendor shall design, and implement the web site at no cost to the County. Additionally, there shall be no on -going cost to the County for the use or hosting of the Vendor web site. Prior to the implementation of the web site, the County and the Vendor shall develop a web site design that is mutually agreed to by both the County and the Vendor. SECTION 8: UNAVAILABILITY OF VENDOR'S PRIMARY FACILITY - For the duration of this Agreement, the Vendor shall have an agreement in place with a third party company to perform processing, printing, and mailing of the County's customer bills in the event that the Vendor's primary facility is unavailable due to an act of God, or other event that is beyond the reasonable control of the Vendor. If the Vendor's primary facility is unavailable, the Vendor shall have twenty four (24) hours from the time the County sends the Data File to the Vendor FTP site to have the third party company process, print all the customer bills and inserts, and mail the customer bills. Customer bills printed by a third party will be printed in black and white. If the Vendor FTP site is not available to accept the Data File, Vendor's responsibility for obtaining and processing the Data Files shall be as defined in Section 2 of this Exhibit A. Any and all costs incurred as a result of using the third party company to process, print, and mail the County's customer bills shall be the responsibility of the Vendor. The County shall not be responsible Page 9of15 for any additional costs beyond the cost of processing, printing, and mailing customer bills as defined in this Agreement. SECTION 9: POSTAGE - Postage for the mailing of all customer bills will be charged to the County's USPS postage permit. The County shall provide Vendor with the required postage permit information, and it shall be the County's responsibility to ensure sufficient payments are made to the USPS to enable mailings to be made against the postage permit. Vendor shall be responsible for sorting, grouping, packaging, and in all other ways preparing the customer bills and inserts for mailing so that the lowest possible postage fee is charged for the mailings. SECTION 10: LIQUIDATED DAMAGES - County and Vendor recognize that the turnaround time for processing the utility bills are critical and time sensitive under this Agreement, County will suffer financial loss if Vendor fails to achieve daily processing within the time specified above. In such event, the total amount of County's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Vendor fail to achieve processing, printing, and mailing of customer bills and inserts within the timeframes established herein, County shall be entitled to assess, as liquidated damages, but not as a penalty, ($1000.00) for each calendar day thereafter until processing, printing, and mailing of utility bills and inserts is achieved. Vendor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Vendor fails to perform the Work within the required time periods. SECTION 11: NO WAIVER - The failure of the County to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its rights thereafter to enforce each and every such provision. SECTION 12: CONFIDENTIALITY OF THE COUNTY'S INFORMATION - Vendor acknowledges that all material and information supplied by the County which has or will come into the possession or knowledge of Vendor in connection with Vendor's performance is to be considered the County's confidential and proprietary information, disclosure of which information to or use by third parties will be damaging or which disclosure may be prohibited by law. Vendor agrees to hold such material and information in strictest confidence, not to make use of it other than for performance as defined in this Agreement, to release it only to Vendor employees requiring such information, and not to release or disclose it to any other party or otherwise violate applicable law with respect to any disclosure of information. SECTION 13: LICENSE TO DO BUSINESS IN FLORIDA - For the duration of the Agreement, Vendor shall be licensed to do business in the State of Florida. SECTION 14: BILLING AND REPORTING - Vendor will invoice the County on the 15 and last day of each month for the processing, printing and mailing of customer bills. If the 15 or last day of the month falls on a weekend or holiday the invoice will be sent to the County on the next business day. Vendor shall include with each invoice a report of the cycles of customer bills processed and the number of bills processed per cycle reconciling the total number of bills processed to the amount of the Vendor's invoice. Page 10 of 15 Exhibit B Payment Schedule Scenarios Price for Design, Printing, Postage Price per Piece Sorting, Mail Preparation A prototype of typical Domestic bill with no inserts, $ .138 $ .324 EST per piece* including bill and return Price per piece envelope Canada $ .74 est per piece l International $ .94 est per piece A prototype of typical Domestic bill with no inserts $ .133 $ .324 EST per piece* assuming bank draft. Price per piece Canada $ .74 est per piece International $ .94 est per piece A prototype of typical bill Domestic with inserts and return $ .138 $ .324 EST per piece* envelope. Price per piece Canada f . $ .74 est per piece International $ .94 est per piece Printing of 8.5" x 11" 60# white offset inserts 4/0 no bleeds - $3,152.00 2/2 no bleeds - $3,152.00 4/4 no bleeds - $3,695.00 Above prices are for 60,000 inserts Printing of 8.5" x 11" 80# gloss inserts 4/0 no bleeds - $3,893.00 2/2 no bleeds - $4,297.00 4/4 no bleeds - $4,545.00 Above prices are for 60,000 inserts Page 11 of 15 Exhibit C Quality Assurance SECTION 1 - QUALITY ASSURANCE - Quality Assurance refers to Vendor's adherence to the County's required specifications of the final output of customer bills and inserts, including but not limited to, text alignment, color, and clarity. Any changes to Quality Assurance as described above must be mutually agreed upon between Vendor and the County. To minimize risk of unacceptable Quality Assurance, Vendor will ensure its bill formatting software remains compatible with the County's software and Data Files. Vendor will upgrade its software as is reasonably necessary and as upgrades are available to ensure Quality Assurance. Vendor will implement quality control standards in the areas of the Data File confirmation and reporting, address correction and mail forwarding, file processing, and print assurance. County can verify 100% mail on all customer bill cycles through extensive reporting that will be provided by Vendor including: • Transmission Reply — Report to verify the numbers of records received in each Data File, the number processed for production, and the dollar amount due from the file. • Address Correction — Vendor will provide address correction via CASS (Coding Accuracy Support System) Certification, a control of the United States Postal Service. CASS Certification works by cleaning and standardizing County addresses to ensure they meet USPS specifications. CASS will standardize the address spelling, add the nine -digit ZIP code (ZIP + 4), assign a delivery point barcode, report uncertified entries, and provide postal documentation. In addition, Presort will qualify the mail for the Iowest possible postal rate. After County's' file is processed, a CASS Error Report is supplied in an Excel file format and mailed to a County contact designated by County. • NCOALink — Track move eligible to be forwarded addresses, and sort analyze each processing cycle that is issued at the time of production. • File Naming Conventions — Tactic used by Vendor to ensure that only the County's data is processed through the template created for the County's customer bills, thereby avoiding print errors. • Prints Assurance Feature — Matches County paper code to the customer code in County's file to ensure County data is printed on the corresponding paper stock. • Quality Control Checks — Each Vendor department on the production floor performs a series of quality checks at every station such as visual inspection, random sampling and hand sorting prior to machine insertion. SECTION 2 - SERVICE AVAILABILITY — The Service Availability component encompasses those systems utilized by Vendor to provide the service to the County under the terns and conditions of this Agreement. Service Availability includes Technical Error Resolution and Production Issues. Technical Error Resolution refers to any situation that interferes with the Vendor's ability to conduct the mechanical process (es) required to provide the data, i.e., Vendor servers being inoperable, and changes in bill or bill data format. Production Issues refer to any situation, other than Technical issues, that Page 12 of 15 interfere with the Vendor's ability to process the County's billing data in accordance with the requirements in this Agreement. To minimize risk of unacceptable Service Availability, Vendor will ensure its bill formatting software remains compatible with County's software. Vendor will upgrade its systems and software as is reasonably necessary and as upgrades are available to ensure Service Availability. Additionally, Vendor will inspect the County's data transmissions for any physical damage and verify that the record count agrees with the transmittal. All Data Files will be tested for read errors. County will be notified immediately if any problems occur with the transmission and a time will be established with County for retransmissions of the Data File. Vendor will work closely with the County to make sure the Data Files are formatted correctly, minimizing any chance of error. SECTION 3 — ERRORS - In the event the Vendor mails bills to customers with errors within any given cycle, Vendor agrees to bare the total cost and any and all expenses associated to reprint, reprocess and re -mail bills to customers. These costs include, but are not limited to, postage, data re- processing, supplying new envelopes and forms, printing, data imaging, inserting and delivery to post office within 24 hours of error occurring. Errors include, but are not limited to, formatting, discoloration, upside down bills, bills printed on incorrect stock, etc. Errors could range from one error per billing cycle, several errors per billing cycle, an entire cycle or a series of cycles. Page 13 of 15 Exhibit D Implementation Schedule Week 1 Week 1 Site visit of Vendor's Facilities and Operations Week 1 Kick off meeting to assign key contacts for the County and Vendor for Paper Statement Week 1 Kick off meeting to assign key contact for the County and Vendor for Online View Week 1 The County to supply Collier County logo, sizing parameters, and PMS colors to Vendor Week 1 The County to supply information for bill backer in word document Week 1 The County provides Vendor information for OCR scan line according to Fifth Third Banks specifications Week 1 Vendor provides the County account and instructions for Vendor FTP site Week 1 The County to supply Vendor with data file and data map (1 cycle minimum) Week 1 Vendor to define production, confirmation and billing reports with the County Week 1 Vendor provides preliminary layout of utility bill shell front and back Week 1 The County review preliminary utility bill shell and sends changes to Vendor Week 1 Vendor provides the County with preliminary online view for customers Week 1 Vendor provides the County with preliminary online view for customer service Week 1 The County provides Vendor changes to online view customers Week 1 The County provides changes to layout or search features to Vendor for online view Week 2 Week 2 The County approves bill mock up and shell, front and back Week 2 Vendor maps and layouts the County data on approved shell. Week 2 Vendor provides pdf run samples of the County bills. Week 2 Vendor integrates the County data with SQL server Week 3 Week 2 -3 Vendor provides review of the County online view changes Week 3 Vendor provides sends the County bill Mockup for the County to review Week 3 Vendor provides changes to the County bill and reports are produce Week 4 Week 4 Remittance testing / OCR scan line Week 4 Statement Certification and sign off of the County bill Week 4 Print stream sent to Disaster Recovery partner for testing of printing of Utility Bills. Week 5 - 7 Week 5 Go Live of the County paper bill Week 5 Testing of Vendor online view with the County website and the County online payment provider Week 5 -7 Testing of data sent from Vendor online view to the County online payment provider Week 7 Training provide to the County customer service on online view Week 8 Go live of the County online view for customers and customer service Page 14 of 15 Exhibit E TESTING AND PROCESS ACCEPTANCE During the setup up and implementation process, Vendor will test the County's customer bills and the web site for the following: • Test the emergency communications and customer bill output with the third party disaster recovery vendor (1 full billing cycle). Vendor will send a print stream to test the disaster recovery plan that includes the third party vendor's ability to print the County's customer bills from the Data Files. • Review and verification of the data map of the County's customer bills. • Verification of the County sending Data Files to the Vendor's FTP site and reports. • Test the processing, printing, and mailing of cycles of customer bills. • Test of OCR scan line for lock box processing. Vendor will send one full billing cycle to Fifth Third bank for testing of OCR scan line. • Test intelligent inserting and bank draft customers. • Test and verification of the web site for viewing and printing customer bills o Logins o Account Numbers o Address Lines o City, State Zip o Bill Date o Bill information. • Test and Verification of web site login. • Test viewing customer information and bills via the web site. Final authorization will be required by the County before GO LIVE for the web site and printing and mailing of customer bills. Page 15 of 15 ACORD CERTIFICATE OF LIABILITY INSURANCE 3D2/2009 Y) PRODUCER phone: 239 - 936.5622 Fax: 239 936 - 8285 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance -Fort Myers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5248 Red Cedar Drive #103 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • For Myers FL 33907 INSURERS AFFORDING COVERAGE NAIC # INSURED INSuRERA.Auto- Owners Insurance, Inc._._ 18988 Southwest Direct, Inc. IN SURERD:Scottdale Insurance Co. 2129 Andrea Lane Fort Myers FL 33912 .INSURERC:Maryland Casualty Insurance C X9356 INSURER D INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE A ?FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRAOD I POLICYEFFECTIVE POUCYEXPIRATION LTR 1NSRf, TYPEWFIN5IIRANCE POLICYNUMBER DATF(MMIDDIYYI DATEIMMIDDIYY1 LIMITS B IGENERALUABILITY CPS0927739 5/16 /2009 5/16/2009 EACHOCCURRENCE S1,QQQ,000 . DAMAGE10kEN7E0 _ COMMERCIALGENELLIABILITY PREMISES (Ea occurence) S100,000 I - RA 1 CLAIMS MADE X OCCUR MED EXP (Any ono person) S 5 pop PERSONAL &ADV INJURY $ Excluded _ GENERALAGGREGATE 5 2, O00, 000 GEN'L AGGREGATE LIMIT TES PER. I PRODUCTS- COMP /OP AGG s E, Cluded POLICY i f PO F. R Lo , A AUTOMOBILELIABIUTY 95422475 9/6/2008 9/6/2009 COMBINED SINGLE LIMIT X ANYAUTO (Ea accident) s500,000 ALL OWNED AUTOS BODILY INJURY 0 • SCHEDULEOAUTOS (Perpefson) HIREDAUTOS + BOOILYINJURY (PeramMem) :5 NON- OWNEDAUTOS I PROPERTYDAMAGE s (Per acodenl) GARAGEUABILITY j AUTOONLY- EAACCIDENT i$ _^ ,• I I ANYAUTO OTHERTHAN EAACC S AUTOONLY: AGG $ EXCESSIUMBRELLALIABILRY EACHOCCURRENCE $ J OCCUR I I CLAIMSMADE AGGREGATE 0 I ( 5 1 CEDUCTIELE $ ... . —.. .__ RETENTION S 5 I L WC RY UMrrS STATU- 0TH- WORKERS COMPENSATION AND _._LTORY I EL_ EMPLOYERS' LIABILITY j E.L. EACH ACCIDENT L ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE 5 If yyees, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT 5 c IOTHER PAS001666678 5/14/2008 '5/14/2009 Per Claim $1,000,000 'Printers E &O I : Aggregate $2,000,000 Deductible $1,000 I I i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Collier County Board of County Commissioners are named as Additional Insured with respects to General Liability. Insurance contains a 30 Days (10 Days for Non- paymentlwrltten notice of cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE. DESCRIBED POLICIES BE CANCELLED . BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Collier County Board of County Commissioners HILL ENDEAvoR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 3301 E. Tamiami Trail CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Naples FL 34112 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KI_ND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE [ f ¥ - ACORD 25 (2001/08) RD CORPORATION 1988 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may . require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) H ugo. / milers Page 1 19020 (10-80) Issued 08 -07 -2008 INSURANCE COMPANY AUTOMOBILE POLICY DECLARATIONS 6101 ANACAPRI BLVD., LANSING, MI 48917-3999 Company /Agency Changed Effective 09 -06 -2008 AGENCY LUTGERT INSURANCE 12- 0788-00 MKT TERR 068 (239) 262 -7171 POLICY NUMBER 95- 422 - 475 -00 INSURED SOUTHWEST MAIL ADVERTISING Company Use 20 -02 -FL - 9409 AND SOUTHWEST DIRECT INC Company POLICY TERM ADDRESS 2129 ANDREA LN Bill 12:01 a.m. 12:01 a.m. to FORT MYERS FL 33912 -1903 09 -06 -2008 09- 06-2009 DESCRIPTION OF ITEM INSURED AGE SYMBOL /COST TERRITORY CLASS Comprehensive Liability 036 SPL Lee County, FL COVERAGES LIMITS PREMIUM Bodily Injury $ 500,000 person /$ 500,000 occurrence $106.65 Property Damage $ 500,000 occurrence 21.17 Florida Hurricane Catastrophe Fund Assessment 1.28 TOTAL $129.10 Additional Forms For This Item: 79547 (03 -06) PREMIUM BASIS: Estimated cost of hire - liability $ If Any (Subject to audit) Rate Effective Date 02- 22-2008 Florida Hurricane Catastrophe Fund assessment applies. 140 1. 1983 FORD P/U 9 036 5CA VIN: 1FDXRBOU4DVA22190 Lee County, FL COVERAGES LIMITS PREMIUM Bodily Injury $ 500,000 person /$ 500,000 occurrence $976.93 Property Damage $ 500,000 occurrence 244.54 Uninsured Motorist $ 500,000 person /$ 500,000 occurrence 201.44 Medical Payments $ 5,000 person 14.00 Personal Injury Protection $ 10,000 36.76 Comprehensive Actual Cash Value - $ 250 deductible 36.76 Collision Actual Cash Value - $ 500 deductible 71.00 Florida Hurricane Catastrophe Fund Assessment 15.82 TOTAL $1,597.25 Interested Parties: None Additional Forms For This Item: 79255 (01 -08) 79308 (07 -05) 79402 (07 -94) 79939 (03 -05) PREMIUM BASIS: Radius of operation - within a 100 mile radius. Rate Effective Date 02-22 -2008 USE CLASS (00261): NOC Used For Retail Delivery. Fleet Factor Applies. Florida Hurricane Catastrophe Fund assessment applies. 140 0005000 Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the Certificate HoIdcr other than those provided by this policy. This certificate does not amend, extend, or alter the coverage afforded by the policies described herein. Named Insured(s): Gevity HR, Inc; Gevity HR, LP; Gevity HR II, LP; Gevity HR III, LP; Gevity HR IV, LP; Gevity HR V, LP; Gevity HR VI, LP; Gevity HR VII, LP; Gevity HR VIII, LP; Gevity HR IX, LP; MARSH Gevity HR X, LP; Gevity HR XI, LLC; Gevity HR XII Corp.; Gevity XIV, LLC. 9000 Town Center Parkway Bradenton, Florida 34202 Insurer Affording Coverage (A) Commerce & Industry Insurance Company Coverages: (B) New Hampshire Insurance Company This is to certify that the policy(ies) of insurance described herein have been issued to the insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which the Certificate may be issued or may pertain, the insurance afforded by the policy(ies)described herein is subject to all the terms, conditions and exclusions of such policy(ies). (Aggregate) Limits shown may have been reduced by paid claims. Type of Insurance Certificate Exp. Date Policy Number* Limits Employers Liability Workers' 1 -1 -2010 (A) RMWC7095050 Bodily Injury By Accident Compensation $ 2,000,000 Each Accident (B) RMWC7095051 Bodily Injury By Disease $ 2,000,000 Policy Limit Bodily Injury By Disease $ 2,000,000 Each Person Other: Employees Leased To Effective Date: 01/01/09 46827 Southwest Direct, TNC.1 The above referenced workers' compensation policy(ies) provide(s) statutory benefits only to the employees of the Named Insured(s) an such policy(ies), not to the employees of any other employer. Notice of Cancellation: Should any of the policies described herein be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives. *Policy numbers may vary depending on jurisdiction. Certificate Holder: Michael C. Weiss Southwest Direct, INC.1 Authorized Representative of Marsh USA Inc. 2129 Andrea Ln Fort Myers, FL 33912 -1903 (866) 443 -8489 01/01/2009 Phone Date Issued