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Home My WebLink AboutCity of Tamarac Resolution R-2023-091Temp. Reso. #13988 08/23/2023 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 - Q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND INFOSEND, INC. FOR THE PROVISION OF UTILITY BILLING PRINTING AND MAILING SERVICES UTILIZING A COLLIER CONTRACT #22-8019 FOR A THREE YEAR TERM COMMENCING IMMEDIATELY UPON APPROVAL THROUGH JUNE 26, 2026, WITH TWO ADDITIONAL ONE YEAR EXTENSIONS FOR AN APPROXIMATE AMOUNT OF $40,000 ANNUALLY, OR $120,000 FOR A THREE (3) YEAR PERIOD; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND INFOSEND, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, the City of Tamarac desires to provide a consistently high level of customer service; and WHEREAS, the City of Tamarac produces approximately 20,000 utility bills per month; and WHEREAS, Collier County, Florida, has competitively bid and awarded a contract under Bid 22-8019 to InfoSend, Inc., for Utility Billing "Printing and Mailing Services For Temp. Reso. #13988 08/23/2023 Page 2 of 4 Utility Billing", with a term running for an initial period of three (3) years with two (2) additional one (1) year renewal options, a copy of said award of agreement is attached hereto as Exhibit 1"; and WHEREAS, City Code Sec. 6-148(f) allows the Purchasing/Contracts Manager the authority to procure supplies, materials and equipment, which are the subject of contracts with the United States government, or other governmental agencies, and when the best interest of the City would be served; and WHEREAS, available funds exist in the Financial Services Customer Service budget for said purpose; and WHEREAS, it is the recommendation of the Director of Financial Services and the Purchasing and Contracts Managerto contract with InfoSend, Inc., to provide Utility Billing Printing and Mailing Services for a three (3) year period, with two (2) additional renewal options available thereafter, and to execute an Agreement between the City of Tamarac and InfoSend, Inc., in the approximate amount of $40,000 annually, or $120,000 for the three (3) year contract term, a copy of said agreement is included herein as Exhibit "2"; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to contract with InfoSend, Inc., to provide Utility Billing Printing and Mailing Services for a three (3) year period, from the date of approval through June 26, 2026, with two (2) additional renewal options available thereafter, and to execute an Agreement between the City of Tamarac and InfoSend Inc. in the approximate amount of $40,000 annually, or $120,000 for the three (3) year contract term. Temp. Reso. #13988 08/23/2023 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing whereas clauses are ratified and confirmed as being true and correct, are the legislative and administrative findings of the City Commission and made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: The appropriate City Officials are hereby authorized to execute an Agreement with InfoSend, Inc., to provide Utility Billing Printing and Mailing Services in the approximate amount of $40,000 annually, or $120,000 for the three (3) year contract term, a copy of which is attached hereto as Exhibit "2". SECTION 3: The City Manager or the appropriate City Officials are authorized to execute, extend or renew the Agreements or approve assignments and other amendments to the Agreements, and expend budgeted funds on behalf of the City. SECTION 4: Funding is available for the payment of Utility Bill Printing and Mailing from the appropriate account. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #13988 08/23/2023 Page 4 of 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this aV4 day of Avc 5G , 2023. ATTEST: IM"BE RL DILL MC CITY CLERK i MIC ELL J. GOME MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ �(�S DIST 1: V/M. BOLTON DIST 2: COMM. WRIGHT, JR. DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL i-- APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. ANS/Ol'TINOT ITY ATTORNEY Temp. Reso. #13988 - Exhibit 1 FIXED TERM SERVICE AGREEMENT # 22-8010 for "PRINTING AND MAILING SERVICES FOR UTILITY BILLING" THIS AGREEMENT, made and entered into on this Nr` day of rebr--,,-;� 202�--, by and between INFOSEND, INC. authorized to do business in the State of Florida, whose business address is 4240 E La Palma Ave., Anaheim CA 92807 , (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 ❑ upeR tbe-date-ef-Beaf4appfeval; or ❑■ on June 27, 2023 and terminating on three ( 3 ) 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 0 Purchase Order ❑ Netiee-tea-RFove- . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of 0 Request for Proposal (RFP) ❑ Inv+tation4e-ad-�FF8) ❑ # 22-8010 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement 2022_Ver.2 C4I- 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 13- 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): ❑ L-urnp-Sara-{Fixed- Price) : A 4F- _fixed-tots{-price-offer4ngfor-a--project; he -risks -are tmn-Jerr-ed-from-# e-GeuntHe-4he-cQntraetef,-and- as-"usine%-Vfaetiee�° fe-.,e houf4y-or-niatefia!-+ weices-pfeseeted; -father, -the-eeetracter--m er-fomv--te- sr t+sfaction-af-the--Owfity!&INeject-manager-befa-e-payment-fof-the-€►xed--pric"ontr arst is-authormized- ❑ Ume-and-Mateflats: T-he-Gounty-W--ees-to-pa-y-the-corftracto- r-foOJ4,-am-o-of-4abor time-spen 3ythe-Gentraeter-'s-efnWeyees-and-s-ubcoetfaetefste-perform-the-Work-(-RUmbef of -Deus tifne,s-!FeuF.Iy faLe},nd #sr-materials-and-egeipmef,-t-used4n-the--prejeet-(cest-of rnater4als-plus--the-serrtf-ac-t, r-s-mar-ku }--This-m- ethedology-is-general,y--used-"raies#s--!R w Dish- -r,otpossible4o-aeeuFate"stifnate-tlie-size-ef-the-pfojeet-er-wlaen4t;&eapeeted t-hat-the--pr-ejecl:-fegeirern-ents-would-ilerstA*,e Kaf,ge:---As-a-general-bL+siness-praeke thes" ntraet&4nclude-back-ta Gc—urfrentat en-of-e--ests, if}voices we�rki-ine e ,aurrlber of-.hou-r-sa ofked-arid-billing-rate--t}y- GsWen--(and-mot-company--(ar-subeGntraste* tir eepiRg -er-Pa 'aI er-egt+iprnent-ieveises, and•-et#e ursable dee er+tatien-fer4he-pFeJee#- ❑■ 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 2022_Ver.2 C, 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4:6 ❑(c-hec4--4f-app4cab4ey-Tfa-ve"nd--Reimbursable--Expenses: Trave1--n.4 -PveimbuFsable-&pen5es-m e-app +ng4"e-Getint�rav-,! expenses-she4l-be-reia�bt+r;.ee!-,ate-pef-Seefion-�-1 Rei rsements-s-hall-�he-fel4Gwing-rate er-mile feafsfast $"0 Umeh $44M ginner $4-9-.00 Ai►fWe Asti+a4-tieket-eest-liomited-to4euFQ c-seaska-class fiafe Rental-eaf Aetuat-FeRtai wst4ir-rites#-te c-ompaet-enstandafd-si-ze vehie es tGdging Aetuakest o ledq+ng at -single eeeupaqsy--r-atejvM+-a e� t Par-k4n Aetual-cest-ef-papkigg Taxi OF meusine Aet- al-ees-t-ef-either-taxi- for tt-limeu-sine Reivable-itecr�s etl3er-Haan #avel experas4s�haN re-I+rfaiteds� t#e fellewir�g= telep#isne long-distance-shafge&7fax-e#aFW- pk 000py4w--r,hafges-at"ostage—Reusable iteMJ-wiN-be-mid-eta{ya-fter- Ger+tFaeteNhas-previded-aak-r-eee+ptc.---C- GRtraeAGF-sball--be respensibte-for--all-o fier-c©sty-a-nd--ex-penses-asseeiatee with-activities-and--,c&Pr,4tatioFW- atadeFtakera p+rsaarat to this �,gFeement 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: InfoSend, Inc. Address: 4240 E. La Palma Ave. Anaheim, CA 92807 Authorized Agent: Russ Rezai, President Attention Name & Title: Telephone: (800) 955-9330 E-Mail(s): Sales@_infosend.com Page 3 of 17 Fixed Term Service Agreement 2022_Ver.2 ,CA O All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Financial Operations Support Division Division Director: Amia Curry, Utilities Finance Director Address: 4420 Mercantile Avenue Naples, FL 34104 Administrative Agent/PM: Heather Sweet, Operations Analyst Telephone: (239) 252-5687 E-Mail(s): Heather.Sweet@colliercountyfl.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 Page 4 of 17 Fined Term Service Agreement 2022_Ver.2 the suspension period until the violation has been corrected to the satisfaction of the County. 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. FE-1 Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B: ❑ Pueiness-Autte-Liwbfl W-:--Go-vefage-s�',�; %rt e-minimum-liit6-of-$ Rer ®e�rfr gle-Lim+t40r-Bad+ly-4njury-LNabil"fid-RropeFty e Liability: T-4is--shalf4nelude= awned-Vel ste-,,--Diced-and-Non - wned-',.1el}leles-arvd l=a.W$ye_- '-F�- fiefs#ip: 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. O: ❑ Professional-L4ability:-Shall-be-maintained-by4he-Gcaatraetor-te-essure+ts-legal g--eat-ef tire -peftf nance-©" Agfeement:-Eeatmeter-waives-+te fight-e€+eeavefy-against-County-as4e-a y-da+fns-undef +s ifasElrafise— le st►fa+�se a#all-love liff�+ts e€ foot IesJ-than$ each claim —and —aggregate, E. Q Cyber Liability: Coverage shall have minimum limits of $ 1,000,000 per claim. Page 5 of 17 Fired Term Service Agreement 2022_Ver.2 ONO r_ El Ewerage sheMave-minirnum-linaitsof IS --Per-c4a r . G- ❑ s#all-knave-min' un}� i#s-s€-$--peretai-rr�rFeflse } RGorerage sha I-4ave-minimun+4iFni*- —.1 W Per ^e inVOecurreree: 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 Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be 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 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. 13.1 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, Page b of 17 Fixed Term Service Agreement 2022_Ver.2 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 Financial Operations Support Division 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 Proposal, Insurance Certificate(s), ❑p Exhibit A Scope of Services, Exhibit B Fee Schedule, I RFP/ ❑ I-B/❑ Othe # 22-8010 , ieeled~ing-Esc-htls+i"t.taeh-nients- n"denda4\ddden ❑ subsequent quotes; and 0 Other Exhibit/Attachment: County's Bill Format and County's Bill Insert . 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; as well as the requirements set forth in Florida Statute, § 448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Page 7 of 17 Fixed Term Service Agreement 2022_Ver.2 OCNO Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest(&colliercountyfl.gov 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. Page 8 of 17 Fixed Term Service Agreement 2022_Ver.2 CCA61 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 County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 2-3❑ GLEAN-UP--Goatr-actGr--agrees-to--keep4he-PMeet-site- leart--at a4t-times-0f-debris; fubbis4--arid was#a-materials-arising--out-of-##E--Wea k--A -the-cer 4etiee-of-t#e-WefIH; GontFacter- ree#all-mo;-� ve-a#4ebr+sbbic Fial&4m fo*-t s+te a p iees, a uati�e lus matef+al&rand-s#aW4ea a the RFejest-site-clean 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- ❑ WARRANTY- Gontrae -materials-aedEeF eq�++ sev ed-�y-t#isAgFeemeet-wf €eFa-te-t#e-fe , iFeR%44s-as-speeifiec# aFtd Page 9 of 17 Fixed'rerm Service Agreement 2022_Ver.2 M mAl4 e-of-satis-faetein/mater+al-and-quatity-pfti3OR, „ee seier+t-€er the pufpe se mended--heeds-eta--fee-delivered-f ee-frsea- n"ecuFgonterLst-or oth- e-r IiefF, enr,u ba FanG--eFelaim-e€-a+ hifd�pafty-:-Afly-se es-p�wa e -t,`- Ag ee ems# alai-1 be-pFevaded4n-aeeordaac-e--with-get;efaSlyo-aecepted--professi na"taedafds--fer--the par-tieutaf-service:These war-Feet+es-sWl-sarrwe inspee-tlo-n aecept-anc-e ppa-,sage-of-title and -pa- yment-b,-t-he-Era mty: Gontrac4or-f fthef-wafrants-te-the-County-that-all-matefials-and-equipFnen4-fished-u the-- tract-9ec-uments-shall-be-appfaed m-mr aped cGneecfo,�, �-^+oA .— A ^1eaF�ed a-nd---e3adltier�ed-�t-ac�er-danGee-we+tl=1-tkae-if►strttstie+as-o�-t-h e-applieable-fra a+�tr€aetu Fers-; fabfieatofs;-suppkw-or-pFeeesseF,e*oept--aa--etheRnFise-pfQ �F-ifr-the-6efFtfae4 ®eeuFnents- ff witM+n-erne-( year- fte� #ipal-sefaplet+on aany-\A,Ferk-m-found-4e--be-defeetwe-eF-noHn s-enfer-r�artce--v�rftl�-tkie-Gontraet-8eera�ents;-�er�tfactor-shat4- €ter reeeipt4AwrRten-not' t)"ontfaet-or-shall-a+se-be-Fesponsi,ble-fer-and-pay fo¢-repla6ernent-er-repair-ef-adjaeent matefiats er,Grk-whisd-Frlay-be-damaged--a&a-Fessf}t ef- ueh----Feplaeefnent-ef-fepair- These--mFmR ies are-+n-additie+l-t©-tl-iesc-implied w-arFanttiesrto-whickF-the--Goonty-isrentMed as-a-matter-of-lair- 26- ❑ TE-STS--AND-INSR€C-TIONS:--If--the-C-ontract---Documents-er-any-oodep,, I-laNs; eFdi gukitw&e#��c-aLittieF}ty-having*msd ietiefrovef-the-P+a}est regu-ires-any--peftion-of--the-Work--to-be--speel#ic-ally--+nspeeted•;-tested--ef-appr-eved , C,entFactor shall ewun-4e4try--respoAsibility-t-herefor-e pay-all-e-esrts-in-eanrneerioa-therewith and-fum- is.. to-tie-Cetrnt , the-rega+red-certificates--of4pspection, 1-,4II inspedians, tests-er-appre'rals-shalf-I3e-perfoft ed-in-a-manfref-and-b�,- oTara4atiens aceepta ble-to--the-Getoit-y- 27: ❑ PRGTEC-T-ION--AF-QI- R4(- 1---Ger�tFac#or-eNiall�aN�r-pretee�-##�e-�Aler-k-fro�-IosS_-or-daf�}ageµar4d-e�N-beat-#he-s®st of -any-suGh4ess--ef-daraage-un#il-final-payrnent4ias been-fnade--If--Gon#aoter--GF anyone--foFvAiomjC,GntFaetor-is-legs lIy4iable-is-Fesponsible-fer-any-loss-er-darnage to--t-he-aAIGFk, er--other--F}ti -er-reateFials- f -the---Gount"F-- *Ls pamte een#Fastefs Gentras#er-shaN-be-s#arged-wi#h-the-,Bme ,and-arty-meta+es-neeessafy te--Feplace-su h-lass-er-damage-shall-be-deduete6kem-any a tFaet� R--Gentractof-shaR-net-lead-ner-pet-mA-an,y-pad-a{ -any-strtrstuFe-t-&-be-loaded4n-,wj rnannef-that-wiH--eedangef-the ,truetur-eonef-,AaIl-Gontraete"ubjeet-afpy-pe#-,e#-the �Nw*,- f-edjaee"repef#y-#e-stfesses-©f-pw�eufes4hat-w&endanger-it: C--Gaatfactor-shall-not-dieWFb-any-benshraaar-k,-established-by4he-Gounty-with--Fespect to-the-Rfeject-- 4f-Centfacte ,-- F its-subee,ntrasters; ageftts-er-anyone;-foF ahem Se iahle;-dis#afb$-##e-Gee+my°s-ben6l�aart4s;-Cer}#faetef-shall immediately-.notif}o-the-6-eenty.-The-Gounty-,Aall-Fe-establisle-the-benchmwk6-arrd Gont-raotef"shall-be-lia bie-faF-all--rests-incurred-by-the-Gount"sso6ated4heFewitt# Page 10 of 17 Fixed Term Service Agreement 2022_Ver.2 GNU 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a 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. 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- ❑ KEY—PERSON4a--The-Gentfactor's-persenneI acid-management40-be--ut+lized4W tt s-pfeje$t-. abbe-IEr�ew{edgeelble-*n their-afea"f sewes the fight-te-perferm-if�vestig at ay-t petent per-seas-YAI be-utilized-if:0he peFfofr aace ef4he-Agfeereeet-The-E-o► #aotar-sha# assi a&-fey-pesple~as-nmessafjr-te-eGWIete-the-ser-vlses-oe-a-t+Fnely-basis,�^e# pe on assigfaed skull -be avai+at le #eF-af FnouF�4 e# tiffle-adegaate4e- aeet4he-Feq�uir ;ee Page 11 of 17 Fixed Term Service Agreement 2022_Ver.2 CI- dda:es-The-Contractor-sha4l-n t,-el}ange Key -Personnel unle--sJ-tbe-foll&A4ng-eanditims-are mete J reposed-reptaeements -acre ubstantially- the -sam-; l�s and/sf-experiense-{ bat-tbe-Getrrt.+�y,-is-no+lified4f�-wrFt4n@-as-faf4n-advance-a-.,-p%sibie Tile-Centraetor-s efeiallffea6onaWe-effe4s4e-netgy-Ooi ief--GEmWv itbin seven-(7-)-days-of-the-c-"e-T#e-Gearmy-retei ns-#inal-appfovai-ef-proposed-replac-ement per-sonnel- FN� AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement 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 required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. FE� 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. ❑ ORDER --OF PRECEDENCE-EGrant--€-anded}- n4he eve"-sny-oonflist-between-sr- among-tbe4errt� n,�ef , e Gel�tfast-Sec-wents-ar;d/or-tie GetFnty'rr Beard -approved Exeoutiv t m eFnis-of-tbe Aff ment`shatl-tale-preee rfns-of ail-ether-Gentraet-Decuments, except-the-terms-af-af►y-Sepplementa6 Condition"ha44ake pfeeedenc-e•-over- he-Agreement:-T-o,-the-e-xtent-any-sonflic-t4n-the--terms- "e-Gorrtr-aet Documents-earteet-be-resolved-by-a"kation-"- e-&upptemental-Conditions; if -any; of the -A€! feenie^*� r , Ihte-senfiiet-shall-be-fesoi-ved-by-*aposing--tile-1-1. stet-ef-aostly oNi,gation-unde -the-GoRtrast-{Dourcents+Wn-t#e-Gsntractor-at-Eeenty's-disoretief}- 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 times while performing services on County Page 12 of 17 Fixed Term Service Agreement 2022_Ver.2 CAv facilities and properties. Contractor ID badges are valid for one (1) year from the date of 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. 38. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement 2022_Ver.2 & IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Coi'�I7ptPdVr, By: By: Dated: MA t Rick LoCastro, Chairman sWaturP INFOSEND, INC. Contractor's Witnesses: Contractor Contractor's First Witness re Ruucw,a k�je-ii i=V TTypelprint signature and tit eT T, elprint witness nameT Con r ctor's Second Witness ic1��e2— TType/print witnes ameT Aptd as to F nd Legality: t—� County Attorney 1 Print Name Page 14 of 17 Fixed'rerni Smicc Agreement 2022_..Ver.2 ko Exhibit A Scope of Services ■❑ following this page (containing 2 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2022_Ver.2 00-6 Request for Proposal (RFP) #22-8010 "Printing and Mailing Services for Utility Billing" EXHIBIT A SCOPE OF SERVICES BACKGROUND: Financial Operations/UBCS (FOS/UBCS) Division for the county is outsourcing the printing, mailing, emailing of e- bill availability, and web access of all its utility bills and any supporting documentation. DETAILED SCOPE OF WORK: The Vendor shall provide Printing and Mailing Services identified in Exhibit B Fee Schedule ("Fee Schedule") of this Agreement to FOS/UBCS inclusive of all costs associated with labor, equipment, materials, and other services to complete the entire scope of work. 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 7:00 AM-5:00 PM (Eastern Standard Time), Monday - Friday. e. Provide a four (4) hour, or less, response time for technical calls. f. Provide a system for an escalation of issues, along with contact names, telephone numbers and emails. g. Provide redundant data centers 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 as outlined in RFP #22-8010. 2. Internet Site a. The vendor is required to upload customer bills to the vendor's website at the completion of each printing cycle and maintain a minimum of twenty-four (24) 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. b. Electronic bill presentment is presently performed by a third -party vendor (payor portal/hosting services). 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 proof of concept acceptance. Bills must be printed with the following names, addresses, bar codes, OCR characters, plus billing usage information and graphical images (graphical images may or may not apply), per FOS/UBCS specifications. See Attachment A for a sample of the County's billing data, a definition of the data elements in the billing data, and a definition of which data elements in the billing data that must be printed on the bill. b. Provide 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 basis as well as full customer base distribution. c. Provide a maximum of two one page "8 `/2 X 11" inserts or one "8 '/2 X 14" folded insert, with option for multiple pages. Collier County would like to have quotes for printing in the range of 70,000 flyers. Inserts can be flyers, brochures, etc. d. FOS/UBCS data sent to the FTP site by noon each day must be processed, printed, metered, and mailed the same day. Data sent after noon, must be processed, printed, 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 10/1/2022, the customer due date is 10/20/2022). Page 1 of 2 Exhibit A — Scope of Services Request for Proposal (RFP) #22-8010 "Printing and Mailing Services for Utility Billing" EXHIBIT A SCOPE OF SERVICES f. Provide the separation of bills that are printed (i.e. customers using bank drafts and other auto pay methods will not receive return envelopes or targeted messages). g. Provide the 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 email delivery failure notification with rejection codes by billing cycles. i. Provide the printing of duplicate bills to a secondary address based on data in the bill file. j. Provide 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. 1. Bills must be printed so that the use of return paper, envelopes, postage, etc. by billed customers is minimized. m. Provide 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. o. Provide reports for reconciling out of country postage and other miscellaneous postal fees. 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 a Collier County Representative or designee 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 a Collier County Representative or designee 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 Agreement. e. Demonstrate a monthly quality assurance program 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. Vendor will notify Collier County of postal rate changes a minimum of thirty (30) days of effective date. h. Vendor will provide a report of all address changes received from the USPS. i. Compliance/adherence to: 1. Attachment A - County's Bill Format 2.Attachment B — County's Bill Insert Disaster Recovery Plan a. Provider 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 the terms and conditions of this Agreement, 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 the same schedule reported in 3.D post mark and color printing requirements may be eased in a disaster scenario. Page 2 of 2 Exhibit A — Scope of Services A Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement 2022_Ver.2 ONO Request for PW.W (RFP) 6224(10'Pfinting Mailing S—i— fur Utility Billing" EXHIBIT 8 FEE SCHEDULE 22-8010 Printing & Mailing Services for Utility Billing YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 terry IW.YR rofurem YxYJMf W.N r.r.m....k PrY. Per Puee w.+f a_ mlw wlw N WYYaro6roeo pwnYr YYena NfppO m llv w 119 A/f1eNPpf Nf3pIfNW�ld ruurl rferYp erewYp[ ;A"m_... ew.v.nml•er.A aY.rr �. Y.eplwvw7 w13J m1J3 f ] a I I Joe Mule effen mum w cesc mow m.ON wJ!u L1 rolk.e. wwn wosa m0J1 w01] moJ) kG m Obf w 0!1 m0)) w.0J1 B 1.a 11 9ue �. IOOe 11rn• uuerr. nn lrked w0a11 mOU wOM wOf6 nn Okfd• wONI w O16 WNl w.0Y9 w aaP ' no M«m- m2Y1 m Utt m.oPB wal Yron prc«my vuy fN lTmeW rmal«1w �. 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Appmefue�«: aiYM rpuM pmrm YunM«nire. peminpuSY Ap.ur dp«k.dlb rquxn0 prxn ro wennf mrvwe Pme-Wwgr APuaP Lpnn.rY le ryuYN pnn rp O+ndrf rn•+u 111n1 CPlm OPIbrY lwSm pudf7e w.alf«I'On JI Prw4f of rpe l'1 fo.af fw AOn hlpmlrrp mast«u1 m.aJ 1— will prwiry woupr w1 w 63-01 peromp moef rm �l m0G)ftt.'Om4r pimmf woof tprav LAM I«ul PrYY w wa1 dock Irrvemp oJf c.M. wa1 pl«k prwiy ap cMm m a) N«k prlmmf west c.M. wal Blu1 pmrinp ecolpr m.a.1 BI«1 pr:uinp of Mr IfuM l«( mMly OmdrrMriw Pwl If1w UOm ffeoo fJUW SSOW SJ.000 IfrrrdrM mp tw.J) w1w m1m w-)W mJJO m.110 AJJrwfl wuJ ww1NNF mow NCOA mwJNCUA mw)NCOA m.w]NCw fuMwP orl 1perebem) w01f w.n13 w011 w01J m.01J Sruqud fJrn m e10 Gaelepe w.On wo11 wolf woi ww1 LWW pr¢vn ro Fnv<Mp f0alf m u 19 w Olv wolf FLr Fu -Yed fufW MO acme n3T0 wIYD wl]0 w.lfi hp1Ag a Other Exhibit/Attachment Description: County's Bill Format and County's Bill Insert ❑m following this page (containing 4 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement 2022_Ver.2 Attachment A COL' e-r County v Public Utilities Division Utility Billing & Customer Service ACCOUNT NUMBER. CUSTOMER NAME: SERVICE ADDRESS: MAILING ADDRESS: 4420 Mercantile Ave Phone: 239-252-2380 Naples, Florida 34104 www.colliergov.net ACCOUNT SUMMARY AS OF: I PAYMENTS RECEIVED ON: PREVIOUS BALANCE: I CURRENT CHARGES: I TOTAL AMOUNT DUE: t CURRENT CHARGES i i ti ! f 1 SEE BACK OF BILL FOR ADDITIONAL INFORMATION PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT Coffer County Checks must be in U.S. funds and drawn on a U.S. bank Public Utilities Division Utility Billing & Customer Service 4420 Mercantile Ave - Naples, Florida 34104 PHONE: (239) 252-2380 STATEMENT DATE CURRENT CHARGES ACCOUNT NUMBER Customer Name: DUE DATE TOTAL DUE AMOUNT ENCLOSED Service Address: D DRESSEE:• : • • • Collier County Utility Billing P.O. Box 29017 Miami, FL 33102-9017 CCU-1427-3 0 Reading Your Water Meter To find out how much water you have used since your last bill, read the first four digits, from left to the right, showing on your water meter. Billed usage is measured by thousands of gallons. Subtract your last bill's "current" meter reading from this number to find your recent consumption. NOTE: Reading your own meter on a regular basis allows you to investigate large increases in water usage before you receive a high bill. High water bills are often caused by leaking faucets, toilets, pools, irrigation systems, or pipes and should be repaired promptly. Cost of usage caused by leaks is your responsibility. Think You Have Water Loss? To check for water loss, make sure that no water is running in or outside the house. Do not shut off any valves on any pipes. Locate the flow detector on your water meter. If either the small triangle or embossed circle at the center of the meter is rotating, or the word FLOW shows on the face of a digital meter, water is flowing through the meter indicating possible water loss. Vist www.colliergov.net/utilitybiIIIng and click on - Water and Sewer Services FAQs for more information. For sewer backups call 239-252-2600 (24 hours a day) BEFORE calling a plumber. Service Base and Water Block Rate Structure - Effective October 1, 2021 Sewer Base Water Base Block 1 000gallons) Block 2 000gallons) Block 3 000gallons) Block 4 000gallons) Block 5 000 allons Bock 6 (000gallons) Charge** $3.34 $5.05 $6.71 $8.38 $10.OE $13.40 Meter Size 5/8" & 3/4" $37.30 24.79 First 5 6 to 10 11 to 20 21 to 30 31 to 50 Over 50 1" $59.98 $39.06 First 8 9 to 16 17 to 32 33 to 48 49 to 80 Over 80 1 1/4" $77.92 $50.36 First 11 12 to 22 23 to 44 45 to 66 67 to 110 Over 110 1 1/2" $116.16 $74.44 First 17 18 to 34 35 to 68 69 to 102 103 to 170 Over 170 2" $183.85 $117.06 First 27 28 to 54 55 to 108 109 to 162 163 to 270 Over 270 3" $511.15 $323.14 First 75 76 to 150 151 to 300 301 to 450 451 to 750 Over 750 4" $1,131.54 $713.76 First 167 168 to 334 335 to 668 669 to 1,002 1,003 to 1,670 Over 1,670 6" $2,259.96 $1,424.25 First 333 334 to 666 667 to 1,332 1,333 to 1,998 1,999 to 3,330 Over 3,330 8" $3,952.26 S2,489.79 First 583 584 to 1,166 1 1,167 to 2,332 2,333 to 3,498 3,499 to 5,830 1 Over 5,830 10" $7,160.51 $4,509.82 First 1,057 1,058 to 2.114 2,115 to 4,228 4,229 to 6,342 6,343 to 10,570 Over 10.570 12" 1 $10,615.84 $6 685.42 First 1,568 1,569 to 3,136 3,137 to 6,272 6,273 to 9,408 9,409 to 15,680 Over 15,680 Volume charge per 1,000 gallons Sewer Volume $5.25 per 1,000 gallons Example: Residential customer with a 5/8" meter and 17,000 gallons of water usage during the month. The Block Rate structure is designed to encourage water conservation - the more you use the more you pay! Sewer Availability ($37.30) $37.30 Sewer Volume (capped at 15,000gals) 15 x $5.25 $78.75 Water availability $24.79 $24.79 5,000 gals at Block 1 5 x $3.34 $16.70 5,000 gals at Block 2 5 x $5.05 $25.25 7,000 gals at Block 3 7 x $6.71 $46.97 Totat Charges = $229.76 Additional fees: Duplicate Bill $1.00 Meter Re -Read $34.00 Meter Shut -Off Lock Fee 1st $56.00 Meter Shut -Off Lock Fee 2nd $84.00 Meter Shut -Off Lock Fee 3rd $112.00 Meter Unlock Fee (After Hours) $70.00 Meter Pull fee $120.00 Customer Reminders • Promptly advise Utility Billing and Customer Service of any change in your telephone contact numbers and/or billing address. • Promptly advise Utility Billing and Customer Service if the property is occupied by a tenant. Note that a monthly duplicate bill fee may be applied to the account. Property owners are advised that when a tenant fails to make a monthly bill payment, it becomes the responsibility of the owner. It is the owner's responsibility to ensure that tenants cancel any payment arrangements with the utility when their tenancy ends. Any overpayments must be resolved between the owner and tenant. • Payment made by any other means may not be received and could result in termination of service, with a continuing obligation to pay. Contact Information E-Mail Telephone Fax Website utiIitybiII@colIiercountyf1.gov (239) 252-2380 (239) 252-6699 www.colliercountyfl.gov/utilitybilling WARNING: THIS BILL BECOMES DELINQUENT IF THE TOTAL ACCOUNT BALANCE DUE IS NOT PAID BY THE DUE DATE. THE WATER -SEWER DISTRICT UNIFORM BILLING OPERATING AND REGULATORY STANDARDS ORDINANCE NO. 2001-73 PROVIDES THAT PAYMENTS RECEIVED AFTER THE DUE DATE SHALL BE SUBJECT TO LATE PENALTY CHARGES AND THE DISTRICT SHALL DISCONTINUE ALL UTILITY SERVICE WHEN THE BILL IS DELINOUENT. THE FULL ACCOUNT BALANCE INCLUDING A LOCK FEE SHALL BE PAID FOR SERVICE TO BE RESTORED. UNPAID BALANCES BECOME AN AUTOMATIC LIEN ON THE PROPERTY AS PROVIDED FOR IN THE SPECIAL ACT CREATING THE COLLIER COUNTY WATER -SEWER DISTRICT. Convenient Ways To Pay & View Your Bill Locations Utility Billing & Customer Service Center 0 4420 Mercantile Ave. Naples, FL 34104 0M-F 8 am to 5 pm Utility Billing & Customer Service @0 0 0 0 11985 Collier Blvd, Suite 7 Naples FL 34116 M-F 8:30 am to 4:30 pm Pay Pay Pay Schedule AutoPay Paperless North Collier Government Center Online by Phone by Text a Payment 2335 Orange Blossom Dr. Naples FL 34109 M-F 9 am to 6 pm Online: www.colliercountyfl.gov/paywater Heritage Bay Government Center By Phone: (239) 252-2380 Select Option 1 15430 Collier Blvd. Naples, FL 34120 M-F 9 am to 6 pm (kiosk only) Jtl Y SA W � i Pay 3 Pat+ �'�) Government picture ID required when paying ectlecin n-nn with rHo k. rr- if -H rlohit ror'ic 7 ro � ro C ono v U o r w E U L on 3 «% o 2c ULCL ro •+ ro 3 t E o 0 ° 3 O ro e ++ N o- b o .� � v 72 4 L ro N ro O aJ L L cu CW :i c E v 0 v m of On O 3 n0 z a o w Oon a .� v w '= 3 L w a ro c �J2 t L A c y aNi q ro �, ro yv 3 v y 3 ro U v% � Q) U fL0 0 � N_ Q a T CD N C 3 y y on E L 3 u yv > •- 7 L M 0 a 0 'a -, o v ro 3 � w " .2.2.9 W �cw y ymmm t7 al A A A A cc d' Cqj Q1 7 N 7 = A O o O a E� m> m> an an on J X wM 3 1'1n u+nn I- 0 N a � Q• � Q O N a^O t� � V1 P N O •O c6 Vt N ^ P O P P M N d w :: 0 M O P•1 N O O rNn •p i0 N N Q P P M O T W u c v C n q Q N N L ap to aJ a O Q p > o d Q o o f Z) v �� ;,b 3 c mg l7 7 F- O cn = v O 0 C y z > z w V � � n 70 0.c ro V ad q W W H O i0 Y C L11 C 0 N A N A 78 E c or V g N Q ^ aEi o c > Qm row' qqgt� o f w �a�C) n 3 A o c w o 00 O O iO o v d 0 3 >, 30 �; U � .Gl+ y co'. on ro p- 7 H O C .- ro v a, 0 ��y.!o LU o a: w on v a O M vdi Vce L V 00 N V L W V lL j U A O ^ W V7 0 L 0 L L^ ro N Q/ o a, N 60 ytcyo°rro;wuN, �3 y T ro= o. 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N MV G cm E p ggw rnv a >' gym$ N 7 �; L S wY cS m L_ V y �i :^ E ;; y .0 y '^ C C C E Z a N y ` a s al N c � m o ? 3 Q E Q oN c '° � g ` � Z, y u n� u � � � N u ,� m Q V ,0, 7 �0 7 A 7 0 7 10 > 7 N V y QJ O� b E C E r u 3 u m .+ 1- N I- U R N O V W N N R C L o E m �o.3E ;c L O O� i0 u u •= a o'g E m u ` N ro E� c u � y q GJ u A u N C �-' y N T C al N q y al � 7 L •= °u L u v s 3 `L' 70 Q� E u O m u 7 0 •C L y IO loon m. y L N L L E COL to M u L d ro t Tm al i L c Client#: 581763 INFOSENDI DATE (MM/DOrfYYY) ACORD- CERTIFICATE OF LIABILITY INSURANCE 1 2/0312023 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(ies) 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER pCjAO F' Amber Wisher _ Marsh & McLennan Agency LLC aCNNo. Ext): -�_ _ ) Marsh &McLennan Ins. Agency LLC no Riess: OCCerts@MarshMMA.com _ 1 Polaris Way #300 INSURER(S) AFFORDING COVERAGE NAIC # Allso Viejo, CA 92656 Federal Insurance Company 20281 INSURER A : P Y INSURED INSURER B : Comp West Insurance Company 12177 InfoSend, Inc. INSURER C : Accident Fund Ins Co of America 110166 4240 E. La Palma Avenue erwr Unditers at Lloyd's London 555555 Anaheim, CA 92807-CA INSURERD: INsuRERs: Arch Insurance Company 11150 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 POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSR LTR ADDLSUBR TYPE OF INSURANCE _ R I D_ POLICY NUMBER POLICY EFF : POLICY EXP _ MM/DDIYYYY MWDD/Y LIMITS 3031149 A XI COMMERCIAL GENERAL LIABIUTY 2/0112023 � 02101/202 EACH OCCURRENCE S1,000,000 . M' �E TO RENTED ' CLAIMS -MADE X! OCCUR li 1: PREMISES(Eaoccurrencel $1,00,00 M_ED EXP (Any one car ) $10,000 j PERSONAL&ADV INJURY_ I_f1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' _ GENERAL AGGREGATE S2,000,00 X POLICY ECT F7 LOC PRODUCTS-COMP,IOPAGG $2,000,000 OTHER: I S A AUTOMOBILE LIABILITY 73587120 021011202302/01/202 EOMaBBt1NdEnSINGLE_MIT 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS SOOILYINJURY(Peraetldent) S -_ PROPERTY DAMAGE (Per accdeml HIRED I NON -OWNED • S AUTOS ONLY ! AUTOS ONLY 1 __ EACH OCCURRENCE 102/01/2023 0/01/202 f A XI UMBRELLA LIAB OCCUR 79896856 $5 L_ 00—J 00 EXCESS LIAB CLAIMS-fAADE• REGATE f5000,0.0 DED I I RETENTION $ _QG $ B 0005303* X PER OTH- ILITY Y (N WCP10 E.L. EACH ACCIDENT $1 00 00 C ANY PROPRIETOR,'EXCLU RlEXECUTIVE CW 000 342** 2/01/2023/2/011202 02/011202 OFFCEEOPRIIUEREXRTNER/ T � (Mandatory in NH) NIA AZ CA OR UT E.L. DISEASE- EA EMPLOYEE(! $1 000 000 If OF_ OPERATIONS below GA IL TX E.L. DISEASE - POLICY LIMIT 1 $1,000,00 D Cyber/E&O _-*FL TRICE2082 _ 2/01/2023 02/01/202 $5,000,000 Agg. /Claim *Retro 12/01/06 $100,000 Retention E Crime PCD1005565-00 P210112023 02101/202 $500 000 /$10,000 Ret. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) 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 per the attached endorsement. Primary and Non -Contributory applies to General Liability per the attached endorsement. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112-0000 ACORD 25 (2016/03) 1 of 1 #S12384759/M12384579 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ir40Mf^ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WOAYW INSURED: InfoSend, Inc. POLICY #: 73587120 POLICY PERIOD: 02/01/2023 TO 02,01,2024 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. —CANCELLATION - of the COMMON POLICY CONDITIONS form IL 0017 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1, Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy, or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. —WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. —WHO IS AN INSURED —of SECTION I I —LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 3. 4. S. (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident' which takes place after: (a) You executed the "insured contract' or written agreement; or (b) The permit has been issued to you. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE —of SECTION II — LIABILITY COVERAGE does not apply. PHYSICAL DAMAGE —ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. —TRANSPORTATION EXPENSES — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. —COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto', we will pay any unpaid amount due on the loan or lease for a covered "auto' minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto'; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. —COVERAGE EXTENSIONS —of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1 $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE —BROADENED COVERAGE Paragraph A.4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto' to you. 8. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS— of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. S. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph CA.b. — LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident' to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of 'loss", is: (1) Permanently installed in or upon the covered "auto' in a housing, opening or other location that is not normally used by the "auto' manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2. a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR —WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Under Paragraph D. - DEDUCTIBLE —of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. —CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV — BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 16. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV— BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO —COVERAGE TERRITORY Paragraph B.7_b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" INSURED: InfoSend, Inc. POLICY #: 36031149 CHUBS° Supplementary Payments (continued) POLICY PERIOD: 02/01/2023 TO 02/01/2024 General Liability b. release attachments; but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. C. reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or suit, including actual loss of earnings up to $1000 a day because of time off from work. D. costs taxed against the insured In the suit, except any: 1. attorney fees or litigation expenses; or 2. other loss, cost or expense; in connection with any injunction or other equitable relief. E. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. F. interest on the full amount of a judgment that accrues after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable Limit Of Insurance. Supplementary Payments does not include any fine or other penalty. These payments will not reduce the Limits Of insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance, Coverage Territory This insurance applies anywhere, provided the kwured's responsibility to pay damages, to which this insurance applies, is determined in a suit on the merits brought in the United States of America (including its possessions and territories), Canada or Puerto Rico, or in a settlement to which we agree. Who Is An Insured Sole Proprietorships If you are an individual, you and your spouse are insureds; but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. If you die: • persons or organizations having proper temporary custody of your property are insureds; but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and your legal representatives are insureds; but they are hasureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. LIabOy ftm ance Fain 90d02-2000 (Ray. 4.01) Cuntraet Pogo 5 of 32 Who Is An Insured (continued) Partnerships Or Joint If you are apartnership (including a limited liability partnership) or a joint venture, you are an Ventures insured. Your members, your partners and their spouses are insureds; but they are insureds only with respect to the conduct of your business. Limited Liability If you are a limited liability company, you are an insured. Your members and their spouses are Companies insureds; but they are insureds only with respect to the conduct of your business. Your managers are insureds; but they are insureds only with respect to their duties as your managers. Other Organizations If you are an organization (including a professional corporation) other than a partnership, joint venture or limited liability company, you are an insured. Your directors and officers are insureds; but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds; but they are insureds only with respect to their liability as your stockholders. Employees Your employees are insureds; but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no employee is an insured for. A. bodily injury, advertising injury or personal injury: 1. to you, to any of your directors, managers, members, officers or partners (whether or not an employee) or to any co -employee while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; 2. to the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in subparagraph A.1, above; or 3. for which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in subparagraphs A.1. or A.2. above. With respect to bodily injury only, this limitation does not apply to: • you or to your directors, managers, members, officers, partners or supervisors as insureds; or • your employees, as insureds, with respect to such damages caused by cardio- pulmonary resuscitation or fast aid services administered by such an employee; or B. property damage to any property owned, occupied or used by you or by any of your directors, managers, members, officers or partners (whether or not an employee) or by any of your employees. This limitation does not apply to property damage to premises while rented to you or temporarily occupied by you with permission of the owner, Liability Insurance Form 60-02-2000 (Rev. 4-01) Contract Page 6 of 32 C H U B B' General Liability Who Is An Insured (continued) Volunteers Persons who are volunteer workers for you are insureds; but they are insureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Persons (other than your employees) or organizations acting as your real estate managers are insureds; but they are insureds only with respect to their duties as your real estate managers. Permissive Users Of With respect to mobile equipment registered in your name under a motor vehicle registration law: Mobile Equipment A. persons driving such equipment on a public road with your permission are insureds; and B. persons or organizations responsible for the conduct of such persons described in subparagraph A. above are insureds; but they are insureds only with respect to the operation of the equipment and only if no other insurance of any kind is available to them However, no person or organization is an insured with respect to: bodily injury to any co -employee of the person driving the equipment; or property damage to any property owned or occupied by or loaned or rented to you, or in your charge or the charge of the employer of any person who is an insured under this provision. Vendors Persons or organizations who are vendors of your products are insureds; but they are insureds only with respect to their liability for damages for bodily injury or property damage resulting from the distribution or sale of your products in the regular course of their business and only if this insurance applies to the products -completed operations hazard. However, no such person or organization is an insured with respect to any: • assumption of Liability by them in a contract or agreement. This limitation does not apply to the liability for damages for bodily injury or property damage that such vendor would have in the absence of such contract or agreement; • representation or warranty unauthorized by you; • physical or chemical change in your products made intentionally by the vendor, • repackaging, unless unpacked solely for the purpose of inspection, demonstration or testing, or the substitution of parts under instruction from the manufacturer and then repacked in the original container; • failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of your products; • demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of your products; or • of your products which, after distribution or sale by you, have been labeled or relabeled or used as a container, ingredient or part of any other thing or substance by or for the vendor. Liability Insurance Fofm 60-02-2000 (Rev. 4-01) Contract Page 7 of 32 Who Is An Insured Vendors Further, no person or organization from whom you have acquired your products, or any container, (continued) ingredient or part entering into, accompanying or containing your products, is an insured under Us provision. Lessors Of Equipment Persons or organizations from whom you lease equipment are insureds; but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an insured with respect to any: damages arising out of their sole negligence; or occurrence that occurs, or offense that is committed, after the equipment lease ends. Lessors Of Premises Persons or organizations from whom you lease premises are insureds; but they are insureds only with respect to the ownership, maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an insured with respect to any: damages arising out of their sole negligence; occurrence that occurs, or offense that is committed, after you cease to be a tenant in the premises; or structural alteration, new construction or demolition operations performed by or on behalf of them. Subsidiary Or Newly If there is no other insurance available, the following organizations will qualify as named insureds: Acquired Or Formed a subsidiary organization of the first named insured shown in the Declarations of which, at Organizations the beginning of the policy period and at the time of loss, such first named insured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled to vote generally in the election of the governing body of such organization; or • a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period, if at the time of loss such first named insured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Mo is An A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Insured Organizations provision above, no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the: 1. ownership, maintenance or use of any assets; or 2. conduct of any person or organization whose assets, business or organization; Liabirdy Insurance Form 8"2-2000 (Par 4-01) Contract Page 8 of 32 INSURED: InfoSend, Inc. POLICY #: 36031149 Conditions POLICY PERIOD: 02/01/2023 TO 02/01/2024 Duties In The Event Of F. Knowledge of an occurrence or offense by an agent or employee of the insured will not Occurrence, Offense, constitute knowledge by the insured, unless an officer (whether or not an employee) of any Claim Of suit insured or an officer's designee knows about such occurrence or offense. (continued) G. Failure of an agent or employee of the insured, other than an officer (whether or not an employee) of any insured or an officer's designee, to notify us of an occurrence or offense that such person knows about will not affect the insurance afforded to you. H. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. Legal Action Against Us No person or organization has a right under this insurance to: • join us as a party or otherwise bring us into a suit seeking damages from an insured; or • sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual: trial in a civil proceeding; or arbitration or other alternative dispute resolution proceeding; but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. Other Insurance If other valid and collectible insurance is available to the insured for loss we would otherwise cover under this insurance, our obligations are limited as follows. Primary Insurance This insurance is primary except when the Excess Insurance provision described below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in the Method of Sharing provision described below. Excess Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar insurance for your work; B. that is insurance that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; C. if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft, Autos Or Watercraft exclusion); Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 22 of 32 C H U B B° General Liability Conditions Other Insurance D. that is insurance: (continued) 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. When this insurance is excess, we will have no duty to defend the insured against any snit if any other insurer has a duty to defend such insured against such suit. If no other insurer defends, we will undertake to do so, but we will be entitled to the insureds rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of the total: • amount that all other insurance would pay for loss in the absence of this insurance; and of all deductible and self -insured amounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. Premium Audit We will compute all premiums for this insurance in accordance with our rules and rates. In accordance with the Estimated Premiums section of the Premium Summary, premiums shown with an asterisk (*) are estimated premiums and are subject to audit. In addition to or in lieu of such designation in the Premium Summary, premiums may be designated as estimated premiums elsewhere in this policy. In that case, these premiums will also be subject to audit, and the second paragraph of the Estimated Premiums section of the Premium Summary will apply. Separation Of Insureds Except with respect to the Limits Of Insurance, and any rights or duties specifically assigned in this insurance to the first named insured, this insurance applies: • as if each named insured were the only named insured; and • separately to each inbred against whom claim is made or suit is brought. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 23 of 32 Conditions (continued) Transfer Or Waiver Of We will waive the right of recovery we would otherwise have had against another person or Rights Of Recovery organization, for loss to which this insurance applies, provided the insured has waived their rights Against Others of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this insurance have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. This condition does not apply to medical expenses. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 24 of 32 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND INFOSEND, INC. THIS AGREEMENT is entered into onf 20 _;-3 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (City) and InfoSend, Inc., a California Corporation duly registered as a Florida Foreign Corporation, having its main office at 4240 E. La Palma Avenue, Anaheim, California 92807 (Contractor) for the purpose of providing for Utility Billing "Printing and Mailing Services for Utility Billing" to the City of Tamarac. The parties hereby agree to the following terms and conditions. 1. In return for valuable consideration in an accordance with the Unit Price Schedules provided herein, Contractor shall comply with the terms and conditions within the Collier County, Florida Contract #22-8010 titled "Printing and Mailing Services for Utility Billing" attached hereto as Attachment A. All terms and conditions of the contract documents set forth in Attachment A are incorporated herein as if set forth in full. 2. Upon execution of this Agreement, all references made to the Collier County, Florida Contract #22-8010 titled "Printing and Mailing Services for Utility Billing" in Attachment A shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Attachment A shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners". 3. Term: The term of this Agreement shall be concurrent with the term set forth in Attachment A, effective June 27, 2023 through June 26, 2026 effective on the date of approval of this Agreement. The City reserves the right to renew this Agreement for up to two (2) additional one (1) year terms for up to an additional two (2) years, in the event that the Agreement is renewed by Collier County. 4. This agreement, Attachment A constitute the entire agreement between the City and the Contractor. In the event of a conflict between these documents, this Agreement shall prevail, followed in Attachment A in that order. 5. Contract Sum and Payments: The Contract Sum for the above work shall be in accordance with the Unit Price Schedule included in Attachment A, Exhibit A. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 6. Insurance: In addition to the insurance requirements stated in the Collier County Agreement, Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety TA�MARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. The following minimal insurance coverage shall be provided: a. Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -Contractor that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Thirty (30) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. b. Comprehensive General Liability: The Contractor shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The City must be named as a certificate holder and an additional insured for General Liability coverage unless Owners and Contractors' Protective Coverage is also provided or required. Thirty (30) days written notice must be provided to the City via Certified Mail in the event of cancellation. C. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. This coverage shall be an "Any Auto" type policy. Thirty (30) days written notice must be provided to the City via Certified Mail in the event of cancellation. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. d. In the event that sub -contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub -Contractors' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. e. Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. TA,,-M, ARAM City of Tamarac The City For Your Life Purchasing and Contracts Division Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 7. Indemnification: a. The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. C. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. e. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. f. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8. Non -Discrimination & Equal Opportunity Employment: During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, TAMARAC City of Tamarac The City For Your Life purchasing and Contracts Division familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic information or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9. Independent Contractor: This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10. Assignment and Subcontracting: Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11. Termination: a. Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. T�MAACC City of Tamarac The City For Your Life Purchasing and Contracts Division b. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 12. Public Records a. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service; 2. Upon request from the City'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 City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City 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 City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. b. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 13. Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott TA�Mt A,RA�C City of Tamarac The City For Your Life Purchasing and Contracts Division Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 14. E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement; and is subject to termination based on lack of funding. 15. Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 0 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 16. Signatory Authority: The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 17. Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 19. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Ottinot Law, P.A. 5944 Coral Ridge Drive, PM #201 Coral Springs, FL 33076 Attn: Hans Ottinot CONTRACTOR InfoSend, Inc. 4240 E. La Palma Ave. Anaheim, CA 92807 ATTN: Russ Rezai, President Telephone: (800) 955-9330 E-Mail: Sales@infosend.com AMARAC City of Tamarac The City For Your Life purchasing and Contracts Division 20. Public Records Custodian 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: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 W Remainder of Page Intentionally Blank 8 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Kt�;R r duly authorized to execute same. `\III I►►►►►I," o f TqM Z 57 ESTABLISHED Q U • 1963 ��'• SEAL -v ATTEST: �',�Q ' • • .... • ' �� It'im'15erly Dil n, City Clerk OR -W 20?3 Date ATTEST: Signature of Corporate Secretary KC-V'\ lJU e�i j Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC PW& -AI'Z Miche a .Gomez, Mayor FOE Sucuoglu, City -Manager g%2-S�Z3 Date form and legal sufficiency: /^m910ttindt, City Attorney $ 1 a 31 Date INFOSEND, INC. Company Name Signatur of Pr t Russ Rezai President L?:7 23 Date TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: SS OF I HEREBY C-EkTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Co aforesaid to take acknowledgments, personally appeared Russ Rezai, President of InfoS d, Inc, a California Corporation duly registered as a Florida Foreign Corporation, to me kn n to be the person(s) described in and who executed the foregoing instrument and acknowle d before me that he/she executed the same. WITNESS my hand and official sN@I this _ day of , 20_ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ P6 sonally known to me or El Pro ed Identification Type of . Produced ❑ DID take an th, or ElDID NOT take an th. ,S'(.-,-C Prrt-a (1) -e 10 CORPORATE RESOLUTION OF INFOSEND, INC., A California Corporation WHEREAS, is in the best interests of this Corporation that certain of its officers be individually authorized to prepare, execute, and submit offers, proposals and responses to proposals, agreements and binding contracts on behalf of this Corporation. THEREFORE, IT IS HEREBY RESOLVED, that any of the following officers are each individually authorized to prepare, execute and submit offers, proposals and responses to proposals, agreements and binding contracts on behalf of this Corporation, together with taking such other actions and executing such other documents which each shall deem necessary to affect such actions and authority to carry out the intent and purposes of this resolution: - Mahmood Rezai, Chief Executive Officer - Russ Rezai, President - Roxana Weil, Executive Vice President The undersigned hereby certifies that she is the Secretary of InfoSend, Inc., a corporation organized and existing under the laws of the State of California; that the foregoing resolution was duly adopted on March 19, 2018 in accordance with Section 307 of the California Corporations Code and the By -Laws of this Corporation without convening a formal meeting; and that said resolution remains in full force and effect. Dated this 6"' day of July, 2023. fill ROXANA WEIL Executive Vice President & Corporate Secretary 4240 E. La Palma Avenue, Anaheim, CA 92807 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oranqe Subscribed and sworn to (or affirmed) before me on this 27th day of June , 20 23 , by Roxana Rezai Weil proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. DEVIN ALMA ROMANO Notary Public • California Orange County Commission # 2395088 `' •a•"'My Comm. Expires Mar 26, 2026 i i (Seal) Signat "��2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oranqe Subscribed and sworn to (or affirmed) before me on this 27th day of June , 20 23 , by Rusteen Rezai proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. *My DEv1N ALMA ROMANNOONotary Public - CaliforniaOrange County Commission # 2395088 Comm. Expires Mar 26, 2026 + ww� (Seal) Signatu t'' ';