Loading...
Item #05 Approval to Piggyback on Collier County’s Contract for Direct Mailing Services Including Utility Bill Printing, Mailing and other Publications oc_oee florida AGENDA ITEM COVER SHEET Meeting Date: July 17, 2018 Item # 5 Reviewed By: Contact Name: Joyce Tolbert Department Director: LP 44, Contact Number: 1516 City Manager: yf Subject: Piggybacking on Collier County's Contract for Direct Mailing Services including Utility Bill Printing and Mailing and other Publications Background Summary: Since 2008, the City has been using Southwest Direct to generate the monthly utility bills and other publications. The City has been satisfied with the service provided by Southwest. In 2013, the City renewed its relationship with Southwest by piggy-backing on Collier County's contract, which provided better pricing. That contract expires July 2018. However, Collier County recently awarded RFP No. 18-7312 to Southwest Direct Inc. for direct mailing services including utility bill printing and mailing. The contractual rates in the new Collier County contract #18-7312 remained the same. The term of the contract is for three(3)years, with two(2)additional one year renewal periods. Issue: Should the Commission approve piggybacking of Contract No. 18-7312 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 plus postage, and other publications based upon the contract price. There has been no price increase since 2013. Recommendations: Staff recommends the City Commission 1) approve piggybacking Contract No. 18-7312 issued by Collier County with Southwest Direct, Inc. for direct mailing services including monthly printing and mailing of city utility bills and other publications for as long as Collier County renews the contract and; 2) authorize the Mayor and staff to execute all documents required to complete the contract. Attachments: Collier County Contract#18-7312 Financial Impact: As budgeted each fiscal year. Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading A 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 Reviewed by Finance Dept. (Lp��� N/A Reviewed by ( ) N/A 1 FIXED TERM SERVICE AGREEMENT # 18-7312 for Printing and Mailing Services THIS AGREEMENT, made and entered into on this ate\ day of Sure, 2018 , by and between SouthWest Direct Inc. , authorized to do business in the State of Florida, whose business address is 2129 Andrea Lane Fort Myers, FL. 33912 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing 0 upon the date of Board approval or❑ on and terminating on three (ai year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑p Purchase Order 0 Notice-te-Roseed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the❑ terms and conditions of 0 Request for Proposal (RFP) ❑ Other ( ) # 18-7312 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. Q The Contractor shall also provide services in accordance with Exhibit A— Scope of Services attached hereto. Page 1ofl7 Fixed Term Service Agreement#2017-002(Ver.I) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology(as selected below): 18--authorized, Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.1) • 4.4 0 -• - - - = - - •• - - •- - • - - - • - - - Travel---and • Mileage $OA4.-per-mile Breakfast $6To8 Lunch $1-1-00 Dinner $14:00 Airfare = •• _ Rental-car •• - vehicles Lodging - • - Par-king Astual--Gost-of-par-king - _ _ - •• _ _ _ • ! _ _ _ • _ _ _ _ _ - _ _ _ _ _ - •. 5. SALES TAX. Contractor 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption #85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: SouthWest Direct Inc. • Address: 2129 Andrea Lane • Fort Myers, Florida 33912 • Authorized Agent: Mariusz Bielecki, President Attention Name &Title: Telephone: 239-768-9588 E-Mail(s): marty©swdirect.com• All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: • Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.!) 0� € 4 Board of County Commissioners for Collier County, Florida Division Director: Joe Bellone Division Name: Utilities Finance Operations Address: 4420 Mercantile Avenue Naples, Florida 34104 Administrative Agent/PM: Vanessa Soriano, Revenue Supervisor Telephone: 239-252-6035 E-Mail(s): Vanessa.Soriano©coliiercountyfl.gov The Contractor 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. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. 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 Contractor.The County will not be obligated to pay for any permits obtained by Subcontractors. 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 Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor 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 Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. • Page 4 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A, [I] Commercial General Liability: Coverage shall have minimum li of $1,000,000 Per Occurrence, $ 000 aggregate Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 8?D Business Auto liability Coverage shall have 44141M4.1114 it alts of - - • -, C. [11 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 $100,000 for each accident. • E. Cyber Liability: Coverage shall have minimum limits of$1,000,000 per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Page 5 of 17 Fixed Tenn Service Agreement#2017-002(Ver.l) Jia Certificate for Commercial General Liability where required. This insurance shall be primary and non-contriut.the benefitof�the Additional Insured and thery with respect to any other nsurance Contractorr'msintained poli y shall be available , or for endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation otherwise may be aval not be l available to an indemnifiedto nega , abridge or any other rights or remedies party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Utilities Finance Operations Page 6 of 17 Fixed Term Service Agreement 02017-002(Ver.l 15. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Pro,�o, sal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, IN RFP/ 0 IT-B/0 Other # 18-7312 , including Exhibits, Attachments and Addenda/Addendum, 0 ❑ 17. APPLICABILITY. Sections corresponding to any checked box (■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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, as amended, and County Administrative Procedure 5311. 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 firm 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, Including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 341124746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency 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 in this chapter or as otherwise provided by law. 3. Ensure that 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 the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold Page 8of17 Fixed Term Service Agreement 12017-002(Ver.I) any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, 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 fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or 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 Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated •obligations of Contractor to the County,whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. CLEAN UP. - • - - - := - = - - - - - - - • - e • e , 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. ❑ )N-ARRANTY, - - - - = - - - - - • - •- • •-. , = - ments, Page 9 of 17 Fixed Term Service Agreement 12017-002(Ver.') 26. ❑ - . . • - • • _ • = = 27. 0 - ' - - - • If Contractor or • • _ • . • - - _ • - - - - _ - • • to-the-PT-eject, - - - - •- - - - _ - - - - - : - - - - 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution advance. ofroducts/materials form specifications shall be approved in writing by the County 29. CHANGES IN THE WORK. The County shall have the right Promptly after being notified of a any time during the progress of the Work to increase or decrease the Work. change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. ' Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. 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 Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to 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 Contractor 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. 33. 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. 34. 0 KEY PERSONNEL. The Contractor'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 ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates.The Contractor 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) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change.The County retains final approval of proposed replacement personnel. ❑ ' - _ _ • • - _ - • The...county required-sewtces-1 Page 11 of 17 Fixed Term Service Agreement#2017-002(V .is 35. Q ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ _ •• - - - - - - - - - - - _ - - • • '- _ - - - - - _ e 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this - Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all timesale or one performing( ) yearvices on County r from the date of facilities and properties. Contractor ID badges are valid issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. Page 12 of 17 Fixed Term Service Agreement M2017-002(Ver.t) yi • lth Collier vernment has authorized the Occupational Safety and Hea _ • • _ _ - Safety Engineer (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement#2017-002(Ver.1) IN WITNESS WHEREOF,the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF ', •U COM �ir4,, RS CRYS'r'AI,K ��1)NZEI.x -- s COLLIE- OUB FLO' �; / 'INTEgi g,1 ? 041q I i .As) !. 171..:x-:..L_' 4. .) ~ B By '-- .. ' '' ,7 `1 y: An y Sol s, sq. Chairman � I Dated f„ st 1��: , S as : o'! liairman's Contra'i ' uresses: SouthWest Direct Inc. . Contrac or did . I /ii i 7 A r A A 6-- , ...„ i A ,.., ..... By: C.n ractor's I••I Witness �/�Signatu e N. ,., ,.T 1 i d to 15 TTy a/p signature a and titlet TT pe/print wit es namet ontractor's Seco dWiit�ness . i\kkekei._ ,� TType/print witness namet r Ap,, o ed as tow F and Legality: 111111,,_ r,' - /- Co r ty Attorney Print Name Page 14 of 17 Fixed Term Service Agreement 02017-002(Ver-t Exhibit A Scope of Services El following this page (pages 1 through?) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 112017-002(Ver.!) SCOPE OF WORK The selected contractor shall be responsive to the Financial Operations/Utility Billing Customer Service (FOS/UBCS) requirements below and provide costs which will be inclusive of labor, equipment, materials and other services to complete the entire scope of service. 1. Data, Security and Technical Support a. Provide a secure FTP site, or approved equivalent, for FOS/UBCS to send, and the vendor to receive the daily files from FOS/UBCS in the format identified by the County. b. Provide all technical support staff, software and equipment to complete the entire scope of work. c. Ensure that the County's data is protected, secured and not shared with third party vendors, or other individuals, in accordance with local, state and federal regulations. d. Provide a `1-800" toll free or local telephone number for FOS/UBCS support; telephone support must be between 7:OOAM-5:OOPM (Collier County Local Time), Monday-Friday. e. Provide a four(4) hour, or less, response time for technical calls. f. Provide for an escalation of issues system, along with contract names, telephone numbers and emails. g. Provide for redundant data and equipment delivery systems in the event of a declared or undeclared (by the County) disaster. A disaster is defined as fire, weather related, or other catastrophic loss of operational capability at the vendor's primary location for the execution and delivery of service in this RFP. 2. Internet Site a. The vendor is required to upload customer bills to the vendor's website on completion of each cycle printing and maintain a minimum of eighteen (18) months of bills for each account. FOS/UBCS customers will access this site via a link from the County's online account access website. FOS/UBCS will replicate the printing of bills from this site in the event customers do not have access to the Internet. Any inserts will be uploaded to the vendor's website as well as the County's website. 3. Design, Print, Meter and Mail Services a. Provide complete FOS/UBCS invoice (bill, insert and envelope) design, printing, metering and processing of all bills per approved FOS/UBCS prototype acceptance. Bills must be printed with the following names, addresses, bar codes, .00R characters, plus billing usage information and graphical images (graphical images may or may not apply), per FOS/UBCS specifications. b. Provide for on-going changes to design of bills or inserts at the request of FOS/UBCS. Quotes will be provided for all bill design changes and inserts printed by vendor. Quotes for inserts should include a per thousand bases as well as full customer base distribution. c. Provide for a maximum of two one pageould rone like to8have quotes for ded insert, with option for multiple pages. Collier County wbrochures, etc. printing in the range of 70,000 flyers. Inserts can be flyers, d. FOS/UBCS metered mailednt theo the same day. Date a sent after noonoon each n, must be processed, printed, must be processed, printed, metered and metered and mailed by noon the following day. e. The customer due date that is printed on the bills must be twenty (20) days from the date the bill is printed (i.e. if the print date is 10/1/17, the customer due date is 10/20/17). f. Provideutomethods tion of will notbriec receive return s that are rinted envelopes or targeted messages)..e. customers using bank rafts and other • auto pay Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16of17 Fixed Term Service Agreement#2017-002(Ver.l) g. Provide for separation of bills where customers have elected to receive email notification of e-Bill availability via the County's website and send emails as appropriate. h. Provide for email delivery failure notification with rejection codes by billing cycles. i. Provide for the printing of duplicate bills to a secondary address based on data In the bill file. j. Provide for the lowest prevailing first-class meter rate available for the Utility bill metering. k. Outgoing bills via USPS should be post marked with a Florida (preferably Collier or Lee County) post mark, unless mailed under a disaster condition. I. Bills must be printed so that the use of return paper, envelopes, postage, etc. by billed customers is minimized. m. Provide for daily reports in Excel format of what has been printed, mailed, metered by class, etc. n. Provide reports for reconciliation of fees charged to Collier County. 4. Miscellaneous a. Vendor will be required to comply with USPS Cass/Mass Standards (notification of non- compliance is to be reported In written format to Collier County within one (1) business day of notification by the USPS). b. Vendor will also have certification of USPS NCOA — Link system (notification of non- compliance to be reported in written format to Collier County within one (1) business day of notification by the USPS). c. Ensure compliance with USPS address verification/validation. d. Demonstrate the use of "environmentally friendly products" (inks, paper, etc.) without additional costs to this contract. e. Demonstrate a quality assurance program monthly to ensure that bills are being printed properly, metered and sent from the supplier's location. f. Provide reasonable training to other county divisions to incorporate similar bill, print and meter services for the same cost. g. Compliance/adherence to: 1. Attachment provided: County's Bill Format 5. Disaster Recovery Plan: a. Provide for disaster recovery plans in the event the distribution facility is down; recovery is of the utmost importance and service must be reinstated within forty-eight (48) hours of the disaster declaration by Collier County. b. Use of third party vendors during the disaster must adhere to all of the terms and conditions of this contract, including the security of the County's data. c. Disaster recovery facilities must be provided from outside of the State of Florida. Bills must be mailed on same schedule reported in 3.0 post mark and color printing requirements may be eased in a disaster scenario. Other Exhibit/Attachment Description: ❑ following this page (pages through_) 0 this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement 12017-002(Yer.i) FEE SCHEDULE Scenarios Price for Design,Printing, Postage Price per Piece(assumes Sorting,Mail Preparation volume of 70,000 per month) (assumes volume of 70,000 per month) A prototype of typical bill with no $0.138, $0,403 per piece(Domestic) inserts, including bill and return Price per piece envelope $1.15 per piece(Canada) $1.15 per piece(International A prototype of typical bill with no $0.133 $0.403 per piece(Domestic) inserts assuming bank draft Price per piece $1.15 per piece(Canada) $1.15 per piece(International) A prototype of typical bill with $0.138 $0.403 per piece(Domestic) inserts and return envelope Price per piece $1.15 per piece(Canada) $1.15 per piece(International) eBill notification through registered $0.133 Not applicable email address via the Internet (no Price per piece printing,no envelope,no inserts) Printing of 8'A"X 11" 4/0 no bleeds-$3.377 50#white offset inserts 2/2 no bleeds-$3,573 4/4 no bleeds-$6,156 Above prices are for 70,000 inserts 4/0 no bleeds-$48.24 2/2 no bleeds-$51.04 4/4 no bleeds-$87.94 Price per 1,000 inserts Printing of 8 '/a"X 1 I" 4/0 no bleeds-$4,254 90#gloss inserts 2/2 no bleeds-$4,976 4/4 no bleeds-$6,156 Above prices are for 70,000 inserts 4/0 no bleeds-$60.77 2/2 no bleeds-$71.09 4/4 no bleeds-$87.95 Price per 1,000 inserts Note: above pricing is for printing of statement inserts only. Any variation in insert size or paper stock will require a quote. Likewise, any stand-alone direct mail projects will be quoted on a project by project basis. AC m CPREP DATE(MMIDD/YYYY► 44.......---- v CERTIFICATE OF LIABILITY INSURANCE 5/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. 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/leu of such endorsement(s). PRODUCER NONE CT Janet Johnson Arthur J.Gallagher Risk Management Services,Inc. PHONEFAXFAX NQ):239-936-8288 12660 World Plaza Lane Bldg 73 Jjohnson©lutgertinsurance.com Fort Myers FL 33907 AMIRFQA: INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Auto-Owners Insurance Co. 18988 INSURED SOUTDIR-01 INSURER S:Underwriters at Lloyds 15792 Southwest Direct, Inc. INSURER Ohio Security Insurance Company 24082 2129 Andrea Lane INSURER D Fort Myers FL 33912 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:429653504 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRR TYPE OF INSURANCE ADDL SUER POLICY EFF POUCY EXP LIMITSLTWWDM VD POLICY NUMBER IMMIDDIYYYYI IMYYYYI C X COMMERCIAL GENERAL LIABILITY Y BLS58065857 5/14/2018 5/14/2019 EACH OCCURRENCE $1,000,000 (� DAMAGE TO RENTED CLAIMS-MADE l lOCCUR PREMISES lEa occurrence) $300,000 MED EXP(Arty one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POUCY n JJEei n LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: A AUTOMOBILE UABILITY Y 9542247500 9/8/2017 8/8/2018 I 31144-41- UMIr $1000000 X ANY AUTO BODILY INJURY(Per person) $ — OWNED —SCHEDULED BODILY INJURY(Per acddent) $ AUTOS ONLY AUTOS • PROPERTY DAMAGE HIRED (Per accident $ X AUTOS ONLYXOSONL�Y $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ BED I RETENTION$ WORKERS COMPENSATION STATUTE I ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTNE n E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? l $N I A (Mandatory E.L.DISEASE-EA EMPLOYEE $ NyuIn NH) DE IPTIBSftl be N OF OPERATIONS below E.L DISEASE-POUCY UNIT $ B Cyber Liability 498138 8/27/2017 8/27/2018 Eacch Claim 3,000,000 Retentions 3,000, 00000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) RE:For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County are named as Additional Insured on the Automobile and General Liability policies as their Interest may appear.Primary and Non-Contributory applies to General Liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cotler County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN 3295 Tamlaml Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE /c71 ---'-e'eie. I ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD �? CERTIFICATE OF LIABILITY INSURANCE 05/1 8D/YYYY, • Aci-�I� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTA CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and condklons 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). PRODUCER O ACT Paychex Insurance Agency Inc PAYCHEX INSURANCE AGENCY,INC, (AAA NO 877-266-6850 at FAX No): 585-389-7426 ROCHESTER,150 SAWGRASS S DRIVE E-MAIL Certs® NY 14620 ADDRESS: paychex.Com INSURER(S)AFFORDING.COVERAGE NAIC II INSURED INSURER A: ILLINOIS NATIONAL INSURANCE COMPANY 23817 Paychex Business Solutions LLC INSURER B: SOUTHWEST DIRECT INC 911 PANORAMA TRAIL SOUTH INSURER C: ROCHESTER,NY 14625-0397 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SW POLICY NUMBER POLICY EFF POUCY EXP LIMITS Lin INSR WVD (MMIDD/YYYY) (MIWDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S PREML.EE(F*noustrenCe) —11 rLAIMS•UADEI I CCUR MED EXP(Any one person) $ PERSONAL A ADV INJURY $ GENERAL AGGREGATE S GEM AGGREGATE LIMIT APPLES PER: PRODUCTS•COMP/OP AGG $ I POLICY I—I PROJEOTI—I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) I ANY AUTO BODILY INJURY 1 ALL OWNED l1-1 1 SCHEDULED (Per person) $ AUTOS �AUUTTOSS BODY MJURY HIRlO AUTOS O A�7T0S ED (Per soddent) $ I Q PROPERTY DAMAGE $ (Petacddenl) $ —1 UMBRELLA UAs I-1 OCCUR EACH OCCURRENCE S 1 EXCESS LMR I-1 CUUMs.w oe AGGREGATE $ r. 1 DED I 1 RETENTION i $ WORKSRS COMPENSATION AND X TONY l 3 I I ERS A EMPLOYERS'LIAEIUTT 039713730 06/01/2018 06/01/2019 E.L.EACH ACCIDENT S 1,000,000.00 ANY PROPRIETORTARTNEWEXECUTIVE E.L DISEASE•EA EMPLOYEE $ 1,000,000.00 OFRCERMEMSER EXCLUDED? I l lendelerr In NIS N/A E.L.DISEASE•POLICY LIMIT i 1,000,000.00 eyes,Saabs Beset DESCRIPTION or OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Muth ACORD 101,Additional Remarks Schedule,If more epees Is required) Workers Compensation coverage Is provided to only those employees leased to.but not subcontractors of the named Insured. • CERTIFICATE HOLDER CANCELLATION SOUTHWEST DIRECT INC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 2129 ANDREA LANE DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY FORT MYERS,FL 33912 PROVISIONS,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - 9 T 61. rlC �1'. i ACORD 25(2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD