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City of Tamarac Resolution R-2018-097
Temp. Reso. #13150 07/10/2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AGREEMENT NUNC PRO TUNC JULY 7, 2018 BETWEEN THE CITY OF TAMARAC AND SOUTHWEST DIRECT INC.FOR THE PROVISION OF UTILITY BILLING PRINTING AND MAILING SERVICES UTILIZING A COLLIER COUNTY, FLORIDA CONTRACT #18-7312 FOR A THREE (3) YEAR TERM COMMENCING ON JUNE 26, 2018 THROUGH JUNE 25, 2021, WITH UP TO TWO (2) ADDITIONAL ONE (1) YEAR EXTENSIONS, AT A UNIT COST OF $0.138 PER BILL; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND SOUTHWEST DIRECT INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 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 18-7312 to Southwest Direct, Inc., for Utility Billing "Printing and Mailing Services"; with a term running for an initial period of three (3) years with up to two (2) additional one (1) year renewal options, a copy of said award of agreement is attached hereto as Exhibit 1"; and Temp. Reso. #13150 07/10/2018 Page 2 WHEREAS, City Code Sec. 6-155 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 Manager to contract nunc pro tunc July 7, 2018 with Southwest Direct, Inc. to provide Utility Billing Printing and Mailing Services for a three (3) year period, with up to two (2) additional one (1) year renewal options available thereafter, and to execute an Agreement between the City of Tamarac and Southwest Direct, Inc., 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 nunc pro tunc July 7, 2018 with Southwest Direct, Inc. to provide Utility Billing Printing and Mailing Services for a three (3) year period, for the period June 26, 2018 through June 25, 2021, with up to two (2) additional one (1) year renewal options available thereafter, and to execute an Agreement between the City of Tamarac and Southwest Direct, Inc. E Temp. Reso. #13150 07/10/2018 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City officials are hereby authorized to execute an Agreement nunc pro tunc July 7, 2018 with Southwest Direct, Inc., to provide Utility Billing Printing and Mailing Services, a copy of which is attached hereto as Exhibit "2" for a three (3) year period, for the period June 26, 2018 through June 25, 2021, with up to two (2) additional one (1) year renewal options available thereafter. SECTION 3: The City Manager or his designee is hereby authorized to approve any renewal options available. 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. Temp. Reso. #13150 07/10/2018 Page 4 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. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ��- day of 2018. 21 AR DRESSLER MAYOR ATTEST: PATRICIA TEUFEL, C CITY CLERK RECORD OF COMMISSION VOTE MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM �A UEL S. GOREN CITY ATTORNEY E E Exhibit 1 EXECUTIVE SUMMARY Recommendation to award Agreement No. 18-7312 "Printing and Mailing Services" to Southwest Direct, Inc., to outsource the printing and mailing of Collier County Water - Sewer District utility bills. OBJECTIVE: To continue outsourcing the printing and mailing of Collier County Water -Sewer District (CCWSD) water, wastewater, and irrigation quality water utility bills. CONSIDERATIONS: The CCWSD currently uses the services of Southwest Direct, Inc., ("SWD") to print and mail customer utility bills. This service has been outsourced since March 10, 2009. Outsourcing this function has demonstrated several benefits, both tangible and intangible. • Provides business continuity in the event the Mercantile Avenue facility is damaged or destroyed in a natural disaster. • Provides flexible formatting of utility bills to meet customer needs. • Provides additional billing functionality, such as email notification of bill availability together with a current balance summary, and the ability to view the entire utility bill online. This is a feature frequently requested by customers who reside out of the area. • Provides operational savings by eliminating: o Necessary printing and sorting equipment leases o Paper and ink supplies o Courier services to deliver printed bills to the post office o Return payment envelope for customers who pay via automatic bank draft, and o Paper and envelope supplies for customers who choose to receive their utility bills via email On February 6, 2018, the Collier County Procurement Services Division released notices of Request for Proposals No. ("RFP") No. 18-7312 "Printing and Mailing Services" to 3,695 vendors for printing and mailing services. One hundred (100) solicitation packages were downloaded and two (2) proposals were received by March 12, 2018. The Selection Committee convened on April 16, 2018 and presentations were held for both vendors. The committee selected the vendor with the highest rank with respect to the capabilities of their web page, location of their recovery facility in the case of a natural disaster and the quality of both paper and ebill images. The companies who responded were ranked by the selection committee as follows: Company Name city State Final Rank Southwest Direct Inc. Ft. Myers FL 1 Cathedral Corporation Rome NY 2 Staff recommends that the Board of County Commissioners awards Agreement No. 18-7312 to Southwest Direct, Inc., to outsource the printing and mailing of Collier County Water -Sewer District utility bills. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT FISCAL IMPACT: The current cost to print and mail approximately 71,000 utility bills is $118,000 annually. This cost will increase as the number of utility bills increases as additional customers connect to the water/wastewater system. SWD's pricing in Agreement No. 18-7312 is the same as in the current contract. Funds are available in the Collier County Water -Sewer District Operating Fund (408). Estimated costs for the duration of the contract follow. Actual Estimate Estimate Estimate Printing & Mailing Operation Expense FY17 $111,000 FY18 $118,000 FY19 $119,500 FY20 $121,000 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board Award Agreement No. 18-7312 "Printing and Mailing Services" to Southwest Direct, Inc., to outsource the printing and mailing of Collier County Water -Sewer District utility bills; and, authorize the Chairman to execute the attached Agreement. PREPARED BY: Teresa Riesen, Revenue Manager, Utility Billing and Accounting ATTACHMENT: Agreement No. 18-7312 / 5 m / ) g / \ / ƒ § m ƒ \ E � < \ \f / 2 / �— d / § � ./ ƒ 7 a \ � § •/ E _ @ / �/ / j/ n U / j 2 \ \ a ) cd / \ [ ° PLO 9 E* 7 & 2 0 Coltiew County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: 18-7312 Title: Printing and Mailing Services Due Date and Time: March 12,2018 10:00 AM EST Company Name City State Final Rank Responsive/ Responsible Southwest Direct Inc. Ft. Myers FL 1 Yes/Yes Cathedral Corporation Rome NY 2 Yes/Yes Utilized Local Vendor Preference: Yes [�] No - Recommended Vendors) For Award: On February 6, 2018, the Procurement Services Division released notices of Request for Proposals No. 18-7312 to 3,695 vendors for Printing and Mailing Services. One hundred (100) solicitation packages were downloaded and two (2) proposals were received on March 12, 2018. The Selection Committee convened on April 16, 2018 and presentations were held for both vendors. Award is recommended to Southwest Direct Inc. Required Signatures Project Manager: Vanessa Soriano Date: Procurement Strategist: Viviana Giarimoustas Date: i w►o aM AW S Procurem t Services Direct Edward F. Coyman Jr. Date R o � A w U V ' V a 5 � U U � O y � �E-+ Uv)GO r- cC 11 �A) 0 a� Eb a O.� N O h U U3 U3 2 o O N �. rn VI 4-i O N 4." .--i .5 U H y O O f cUd 'Ki N N 0 0 3 cd Cd U U IS 3 o � N �+ TJ G O N H a�un FIXED TERM SERVICE AGREEMENT ## 18-7312 M- Printina and Mailina Services THIS AGREEMENT, made and entered into on this day of Lwne, 018 , by and between SouthWest Direct Inc. authorized to do business in the State of Florida, whose business address is 2129 Andrea Lane Fort Myers, FL. 33912 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing Al upon the date of Board approval or ❑ on and terminating on three Q ) 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 ❑i Purchase Order ❑ . STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of rN7, Request for Proposal (RFP) ❑ ❑ OthQr ( ) # 18-7312 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. W The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): F Lump Sum (Fixed Price); A firm fixed tota R;4tiS;f;;r,t!Qn C)f the CO. Inty's pr(�@Gt manager before payment for ths; fixed priGS Gentra i-s authorized-. Thm- -a and Materia Is, The County agrees to pay the r--n- ntran-to r for the amE)unt of la hor of -hours t'mll�_P_ hourly rate), ;_;nc_I fQ-r. materials and equipment used in the projeGt (cost o matorials pilus the r--ontrar-tor's markup). This methodology is generally used OR proj@Gt that the proj@Gt requiramR-Ints- �.AAN_-Id most likely Ghange. As a general business practiGe, FNI Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e, installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4,2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Q ------------- MOM Wilm ... --M ..-. -. - -..-. 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. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: SouthWest Direct Inc. Address: 2129 Andrea Lane Fort Myers, Florida 33912 Authorized Agent: Mariusz Bielecki, President Attention Name & Title: Telephone: 239-768-9588 E-Mail(s): marty@swdirect.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) CPO Board of County Commissioners for Collier County, Florida Division Director: Joe Bellone Division Name: Utilities Finance Operations Address: 4420 Mercantile Avenue Naples, Florida 34104 Administrative Agent/PM: Vanessa Soriano, Revenue Supervisor Telephone: 239-252-6035 E-Mail(s): Vanessa.Soriano@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 the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Al 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. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B- ❑ Buaia"& Acts Lia� Coverage s#a-lf have minimum limits of $ 1?@.r QcGurrepce, Combined Single Limit fdr Bod0y injury Liability and- Prope4y [Damage Liability-. This shall Q%A1AQ VehiGl@S, Hired and Islon-OWned Vwhic-les- and Employee h1Qn-Q%MA6;r5;40, C. FW Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 100,000 for each accident. 0- ❑ Rrpfassman �Aswr@ its legal Agreoment. Gontractorwaives its right -of rA-covery against County as to any Glaims UP #his-i+�suace GlairA and aggregate. E. FE-1 Cyber Liability: Coverage shall have minimum limits of $1,000,000 per claim. F F-1 Coverage shall have minim.11-1pp limits of $ per niairn Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Page 5 of 17 Fixed Term Service Agreement #2017-002 (Ver.l 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, County and any indemnified party, The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the utilities Finance Operations Page 6 of 17 Fixed Tenn Service Agreement #2017-002 (Ver.1) °ba 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), FMI Exhibit A Scope of Services, Exhibit B Fee Schedule, 0 RFP/ ❑ I -TB/❑ 9the # 18-7312 including Exhibits, Attachments and Addenda/Addendum, ❑ ❑ 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 7 of 17 Fixed Term Service Agreement #2017-002 (Ver. h+..� odd Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold Page 8 of 17 Fixed Tenn Service Agreement #2017-002 (Ver.1) CVJ any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. 7 CLEAN UP, Contractor agrees to keep the PFGj@Gt Sit@ GIG@R at all Amos •• • •• •.arising • •-�Alnrkl Ai the .u• - •• of the Contrantor shnll rernove all debris, rubbish ;;nd w;;Pfa =;terials from and;;hout the Project site, as well as all tGols, appliances, •• • equipmentand machinery and • materials,••shall leavethe - -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. Me, .. . .- MON • • •• - • • -. • - •. • • • • • NO.•• •• -• • • •- • • • . •- • • • - .• MM VMW ■ • u e • Page 9of17 Fixed Term Service Agreement #2017-002 (Ver.1) 26, F-] TESTS- AND INSPErTIQNS It the Contract Documents or any r.0des, laws • • • • • • - G-01-Inty th@ - • • - r Of iA9P@GtiQRj testing or ■ • • insper.tions, tests or apprGvala shall be In a m—apper and by QFgaRizatiOp's 27. performed aGG8ptable to the Coulpty-. ■ • ■ _ 110 . -r= i of any rw--.h loss- or darnage until final h;-;s-; been made If Contractor o ■ • •• •- payment • •■e f4Dr INhOPA G ontraGtor is legally• - is responsible for apy lG86 to Alork, •-r •- QQUAtyOF • • OF V190-rk QW.•w Of • • • •• • •.! Chargedwith the same, and any• u• separate • neGessary to replace • • • damage • be deducted o • u•unts duo Contractor • • • • •■ • • • ■ ! •w axi• • • • ■ •- I■ • WER.w • - • • • • - - • • ■• aa ------------ e •• •• - A - ■ r • • - r ■ • • - ■ • ■ • ■ • - • - • • •s • • • • • • L - • _ ■ • • • n ■ • ■ - • • - r • 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form 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. Page 10 of 17 Fixed Term Service Agreement #2017-002 (Ver.l) 31, ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures, 32, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33, VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. 0 KEY PERSONNEL, The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience, (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 11 of 17 Fixed Term Service Agreement #2017-002 (V UI 35. [E-1 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. .u•.� •• .. ■ .- .• i. ..-.■ .• . .e • • Z. •• . -� rva,c al -•• .-■ . W •• .- .. ..-. ..-. . .- - •-. • ..i ■ .- .. . .- .. Sol _10i .• • .• ..... .- .. •• -. ... .- .• • . . • - .. 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 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. .. .. .. .. _ .. .. ..- Me: Page 12 of 17 Fixed Tenn Service Agreement #2017-002 (Ver.l ) DPI) • - •. _• • . - •u-• • .•r A • •• -• •• - • ••u W. •• • • • -• - • • • • •.-• •• . •• el =.I 0. F-IMAITAK-IMMY, W �. - ..rM.XMZ .. . •• •. • • • • - (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Tenn Service Agreement #2017-002 (Ver.1) ®¢J IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: CRYSTAL KKINZEL, INTERIM GLWI PA By: a . ;t g g Dated.' . a to" Chairman's Contra9044 6sses: APA n C actor's - Witness Itypelprint witness namefi INNOR -2 Southwest Direct Inc. Contractor By: AA0- M Page IA of 17 Fixed Term Service Agreement 42017-002 {Ver.t Exhibit A Scope of Services 0 following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) O�� SCOPE OF WORK The selected contractor shall be responsive to the Financial Operations/Utility Billing Customer Service (FOS/UBCS) requirements below and provide costs which will be inclusive of labor, equipment, materials and other services to complete the entire scope of service. 1. Data, Security and Technical Support a. Provide a secure FTP site, or approved equivalent, for FOS/UBCS to send, and the vendor to receive the daily files from FOS/UBCS in the format identified by the County. b. Provide all technical support staff, software and equipment to complete the entire scope of work. c. Ensure that the County's data is protected, secured and not shared with third party vendors, or other individuals, in accordance with local, state and federal regulations. d. Provide a "1-800" toll free or local telephone number for FOS/UBCS support; telephone support must be between 7:OOAM-5:OOPM (Collier County Local Time), Monday -Friday. e. Provide a four (4) hour, or less, response time for technical calls. f. Provide for an escalation of issues system, along with contract names, telephone numbers and emails. g. Provide for redundant data and equipment delivery systems in the event of a declared or undeclared (by the County) disaster. A disaster is defined as fire, weather related, or other catastrophic loss of operational capability at the vendor's primary location for the execution and delivery of service in this RFP. 2. Internet Site a. The vendor is required to upload customer bills to the vendor's website on completion of each cycle printing and maintain a minimum of eighteen (18) months of bills for each account. FOS/UBCS customers will access this site via a link from the County's online account access website. FOS/UBCS will replicate the printing of bills from this site in the event customers do not have access to the Internet. Any inserts will be uploaded to the vendor's website as well as the County's website. 3. Design, Print, Meter and Mail Services a. Provide complete FOS/UBCS invoice (bill, insert and envelope) design, printing, metering and processing of all bills per approved FOS/UBCS prototype acceptance. Bills must be printed with the following names, addresses, bar codes, OCR characters, plus billing usage information and graphical images (graphical images may or may not apply), per FOS/UBCS specifications. b. Provide for on -going changes to design of bills or inserts at the request of FOS/UBCS. Quotes will be provided for all bill design changes and inserts printed by vendor. Quotes for inserts should include a per thousand bases as well as full customer base distribution. c. Provide for a maximum of two one 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 10/1/17, the customer due date is 10/20/17). f. Provide for 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 for separation of bills where customers have elected to receive email notification of a -Bill availability via the County's website and send emails as appropriate. h. Provide for email delivery failure notification with rejection codes by billing cycles. i. Provide for the printing of duplicate bills to a secondary address based on data in the bill file. j. Provide for the lowest prevailing first-class meter rate available for the Utility bill metering. k. Outgoing bills via LISPS should be post marked with a Florida (preferably Collier or Lee County) post mark, unless mailed under a disaster condition. I. Bills must be printed so that the use of return paper, envelopes, postage, etc. by billed customers is minimized. m. Provide for daily reports in Excel format of what has been printed, mailed, metered by class, etc. n. Provide reports for reconciliation of fees charged to Collier County. 4. Miscellaneous a. Vendor will be required to comply with USPS Cass/Mass Standards (notification of non- compliance is to be reported in written format to Collier County within one (1) business day of notification by the USPS). b. Vendor will also have certification of USPS NCOA — Link system (notification of non- compliance to be reported in written format to Collier County within one (1) business day of notification by the USPS). c. Ensure compliance with USPS address verification/validation. d. Demonstrate the use of "environmentally friendly products" (inks, paper, etc.) without additional costs to this contract. e. Demonstrate a quality assurance program monthly to ensure that bills are being printed properly, metered and sent from the supplier's location. f. Provide reasonable training to other county divisions to incorporate similar bill, print and meter services for the same cost. g. Compliance/adherence to: 1. Attachment provided: County's Bill Format 5. Disaster Recovery Plan: a. Provide for disaster recovery plans in the event the distribution facility is down; recovery is of the utmost importance and service must be reinstated within forty-eight (48) hours of the disaster declaration by Collier County. b. Use of third party vendors during the disaster must adhere to all of the terms and conditions of this contract, including the security of the County's data. c. Disaster recovery facilities must be provided from outside of the State of Florida. Bills must be mailed on same schedule reported in ID post mark and color printing requirements may be eased in a disaster scenario. ®D Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Terra Service Agreement #2017-002 (Ver.1) O�� FEE SCHEDULE Scenarios Price for Design, Printing, Postage Price per Piece (assumes Sorting, Mail Preparation volume of 70,000 per month) (assumes volume of 70,000 per month A prototype of typical bill with no $0.138 $0.403 per piece (Domestic) inserts, including bill and return Price per piece envelope $1.15 per piece (Canada) $1.15 per piece (International A prototype of typical bill with no $0,133 $0.403 per piece (Domestic) inserts assuming bank draft Price per piece $1.15 per piece (Canada) $1.15 per piece (International) A prototype of typical bill with $0.138 $0.403 per piece (Domestic) inserts and return envelope Price per piece $1.15 per piece (Canada) $1.15 per piece (International) eBill notification through registered $0.133 Not applicable email address via the Internet (no Price per piece printing, no envelope, no inserts Printing of 8 %" X 11" 4/0 no bleeds - $3,377 50# white offset inserts 2/2 no bleeds - $3,573 4/4 no bleeds - $6,156 Above prices are for 70,000 inserts 4/0 no bleeds - $48.24 2/2 no bleeds - $51.04 4/4 no bleeds - $87.94 Price per 1000 inserts Printing of 8 ''/2" X 11" 4/0 no bleeds - $4,254 90# gloss inserts 2/2 no bleeds - $4,976 4/4 no bleeds - $6,156 Above prices are for 70,000 inserts 4/0 no bleeds - $60.77 2/2 no bleeds - $71.09 4/4 no bleeds - $87.95 Price per 1,000 inserts Note: above pricing is for printing of statement inserts only. Any variation in insert size or paper stock will require a quote. Likewise, any stand-alone direct mail projects will be quoted on a project by project basis. OyO Other Exhibit/Attachment Description: ❑ following this page (pages through , ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002 (Ver.1) ®fib ACOR 7 0 �� CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDIYYYY) 5/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Arthur J. Gallagher Risk Management Services, Inc. Fort ort Myers FL 33907 World Plaza Lane Bldg 73 F NONEACT Janet Johnson PHONE 239 418-2111 FAX 239-936-8288 E-MAIL ohnson lut ertinsurance.com !j @ 9 INSURERS AFFORDING COVERAGE NAIL # INSURER A:AUto-Owners Insurance CO. 18988 INSURED SOUTDIR-01 INSURERB:UnderwriterS at Lloyds 15792 Southwest Direct, Inc. INSURER C :Ohio Security Insurance Company 24082 2129 Andrea Lane Fort Myers FL 33912 INSURER D : MSURER E: INSURER F : C'nVFRA(,FS CFRTIFICATF NIIMRFR• 429653504 RFVISir)H NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE SO WVD POLICY NUMBER POLICY EFF M IDD/YYYY POLICY EXP MM/DDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y BLS56065657 5/14/2018 5/14/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑X OCCUR DAMAGE TO PREMISES EaEoccurrence) $300,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO ❑ LOC X POLICY El JECT PRODUCTS -COMP/OP AGG $2.000,000 $ OTHER: A AUTOMOBILE LIABILITY Y 9542247500 9/6/2017 9/6/2018 Ea accdent) $1,000,000 _ _ BODILY INJURY (Per person) $ X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY PROPER DAMAGE Par. $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFF ICERIMEMBER EXCLUDED? ❑NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Cyber Llability 498138 8/27/2017 8/27/2018 Each Claim 3,000,000 Aggregate 3,000,000 Retentions 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County are named as Additional Insured on the Automobile and General Liability policies as their interest may appear. Primary and Non -Contributory applies to General Liability l:tK I I"L:A I t "ULUtK I:ANL:tLLA I IUN Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE 05/15/20 8D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Paychex Insurance Agency Inc PAYCHEX INSURANCE AGENCY, INC. 150 SAWGRASS DRIVE PHONE _T'FAX (A/C, NO. EXT): 877-266-6850 (A/C, No): 585-389-7426 E-MAIL Certs@paychex.com ROCHESTER, NY 14620 INSURER(S) AFFORDING COVERAGE NAIC p INSURED INSURER A: ILLINOIS NATIONAL INSURANCE COMPANY 23817 INSURER B: Paychex Business Solutions LLC SOUTHWEST DIRECT INC INSURER C: 911 PANORAMA TRAIL SOUTH ROCHESTER, NY 14625-0397 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR UBR VD POLICY NUMBER I POLICY EFF (MMlDOfYYYY) POLICY ExP (MM/DDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY =LAIMS-MADJ___l`—CUR DAMAGE TO RENTEDSE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ENT AGGREGATE LIMIT APPLIES PER: POLICY = PROJECT= LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED =SCHEDULED AUTOS AuO TNNO-SpS HIRED AUTOS = Al1TOSNED BODILY INJURY (Per person) $ BODILY INJURY (Peraccident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR = OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR = CLAIMS -MADE $ DEO RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 039713730 06/01/2018 06/01/2019 x WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000.00 ANY PROPRIETORIPAR7NER/EXECUTIVE OFFICERWEMBER EXCLUDED? ��N�� (Mandatory In NH) "J I N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000.00 E.L. DISEASE - POLICY LIMIT S 1,000,000.00 11 yeA tlescnbe urwer DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Worker's Compensation coverage is provided to only those employees leased to, but not subcontractors of the named insured. CERTIFICATE HOLDER CANCELLATION SOUTHWEST DIRECT INC 2129 ANDREA LANE FORT MYERS , FL 33912 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ,/) a"P ACORD 25 (2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) Ac7<)/ r'; CERTIFICATE OF LIABILITY INSURANCE 05/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Paychex Insurance Agency Inc PAYCHEX INSURANCE AGENCY, INC.PHUNE 150 SAWGRASS DRIVE ROCHESTER, NY 14620 FAX (A/C, NO. EXT): 877-266-6850 (A/C, No): 585-389-7426 E-MAIL Certs@paychex.com INSURER(S) AFFORDING COVERAGE NAIC 8 INSURED INSURER A: ILLINOIS NATIONAL INSURANCE COMPANY 23817 Paychex Business Solutions LLC SOUTHWEST DIRECT INC INSURER B: INSURER C: 911 PANORAMA TRAIL SOUTH ROCHESTER, NY 14625-0397 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTA TYPE OF INSURANCE ADOLSUBR INSR WVD POLICY NUMBER POLICY EFF MM/DO/YYYY ( ) POLICY EXP (MM/DDlYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY =1CLAIMS-MADE[:D0CCUR DAMAGE TO RENTEDPREMISE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ENT AGGREGATE LIMIT APPLIES PER: POLICY O PROJECT= LOC PRODUCTS • COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNEDAUTOS SCHEDULED AUTOS AUOpTN�IOppS HIRED AUTOS AUTOSWNED BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR O CLAIMS -MADE AGGREGATE S DEO I I REfEN71ON S $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 039713730 06/01/2018 06/01/2019Tony x WC STATU- OTH- E.L. EACH ACCIDENT S 1,000,000.00 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? YtN, E.L. DISEASE - EA EMPLOYEE $ 1,0W,000.00 EL. DISEASE - POLICY LIMIT $ 1,000,000.00 (Mandatory in NH) LVJ N/A It yes- d—fte antler DESCRIPTION OF OPCHATFONIS bp1g. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addlltonal Remarks Schedule, If more apace Is required) Workers Compensation coverage is provided to only those employees leased to, but not subcontractors of the named insured. CERTIFICATE HOLDER CANCELLATION SOUTHWEST DIRECT INC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 2129 ANDREA LANE DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY FORT MYERS , FL 33912 PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGREEMENT BETWEEN THE CITY OF TAMARAC AND SOUTHWEST DIRECT, INC. THIS AGREEMENT is entered into on 120 between the City of Tamarac, a municipal corporation with principa ffices located at 752 IN 88'" Avenue, Tamarac, Florida 33321 (City) and Southwest Direct, Inc., 2129 Andrea Lane, Ft. Myers, Florida 33912, a Florida Corporation for the purpose of providing Utility Bill Processing and Mailing to the City of Tamarac. The parties hereby agree to the following terms and conditions. 1. In return for valuable consideration in accordance with the Unit Price Schedules provided herein, Contractor shall comply with the terms and conditions within the Collier County Contract # 18-7312 Utility Billing "Printing and Mailing Services", 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 Contract # 18-7312 Utility Billing "Printing and Mailing Services" 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 for a three (3) year period effective on the date of approval of this Agreement. The City reserves the right to renew this Agreement in two (2) one (1) year increments for up to an additional two (2) years, in the event that the Agreement is renewed by Collier County. 4. This agreement and 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 precedence Attachment A in that order. 5. Contract and Payments: The Contract Sum for the above work shall be in accordance with the Unit Price Schedule included in Attachment A, Exhibit B. 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 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. Sixty-(60) 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. c. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. e. Professional Liability (Errors and Omissions) Insurance: $1,000,000. f. The City must be named as an additional insured for General Liability coverage unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. g. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. h. 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. of Tarnarac Purchasing and Contracts Division 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. 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. �3 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 shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 Sub -Contractors, 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: of Tamarac Purchasing and Contracts Division 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. 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 rim 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. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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 M With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Southwest Direct, Inc. 2129 Andrea Lane Fort Myers, FL 33912 Attn: Mariusz Bielecki, President 19. Scrutinized Companies -- 287.135 and 215.473 By execution of this Agreement, 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 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. 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 CITYCLERK@TAMARAC.ORG V�� 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 City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. AT T: 4�4 �-j- Patricia A. Teufel, CMC City Clerk CITY OF TAMARAC is ael C. ernech, City Manager Date 0 Approved as to form and legal sufficiency: Date'Oz Ci y At orney , D C o\3 � Date ATTEST: ANC,,�j (i CDi-nA III Type/Print Name of Corporate Secy. (CORPOR.j TE SEAL) CONTRACTOR Southwest Direct, Inc. Company Name Signatur resident Mariusz Bielecki President l1 - � I Date City of TamaracThe City For Your LifePurchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: :SS COUNTY OF 46!!�- : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mariusz Bielecki, President of Southwest Direct, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this &Ctday of w/ly 20 /0 . Signature of Notary Public NAWtgRIT&rida at Large * * MY COMMISSION # GG OU379 e EXPIRES: April 10, 2021 F III IIt''F"e or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. ATTACHMENT A FIXED TERM SERVICE AGREEMENT ## 18-7312 for Printing and Mailing Services THIS AGREEMENT, made and entered into on this r 1Q , day of y�M, 018, by and between SouthWest Direct Inc. , authorized to do business in the State of Florida, whose business address is 2129 Andrea Lane Fort Myers, FL. 33912 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing rN upon the date of Board approval or ❑ on 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 (?_) additional one (.I__) 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 © Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of F Request for Proposal (RFP) ❑ ❑ Other (�} # 18-7312 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. F* The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) 9 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". J,A Price Methodology (as selected below): •• =. - .. ... .. M4 ich size of the project, or when it is eXPGGtod that the proj ', requirarnGRtS-Avould most likely change. As a gene these a -of -and billing rate by position (aAd Pot company (or don-u.mentation for the projaGt� 0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) AM WiN.-MMIN-1 • - • • - • • a • - • - • _ _ _ Arai _ _ • 5. SALES TAX. Contractor shall pay all sates, 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 Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): SouthWest Direct Inc. 2129 Andrea Lane Fort Myers, Florida 33912 Mariusz Bielecki, President 239-768-9588 marty@swdirect.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002 (Ver.l) V Board of County Commissioners for Collier County, Florida Division Director: Joe Bellone Division Name: Utilities Finance Operations Address: 4420 Mercantile Avenue Naples, Florida 34104 Administrative Agent/PM: Vanessa Soriano, Revenue Supervisor Telephone: 239-252-6035 E-Mail(s): Vanessa.Soriano@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 the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Oka 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. FMI 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. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B- ❑ Justness Auto UahUAy; Leverage shalt have monir limits of Per Occarranr , and Property Wab4lty �Zlmes -and Employee C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 100,000 for each accident. D- ❑ Profession liability for clairns arising out of the perfopmanG6 Of Agreement. pight of rer-nvepj against County as4o-any-G4kPs-UPA4&F this insi ramS. Inh insurance shall h:;ve limits of not lass; -thAn $ h Glairn and aggregate. E. F Cyber Liability: Coverage shall have minimum limits of $ 1,000,000 per claim. claim Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Page 5 of 17 Fixed Term Service Agreement #2017-002 (Ver.l 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, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of The County by the Utilities Finance Operations Page 6 of 17 Fixed Term Service Agreement #2017-002 (Ver.l�.P' �ba 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), FM� Exhibit A Scope of Services, Exhibit B Fee Schedule, 0 RFP/ ❑ ITIB/❑ Gthe # 18-7312 , including Exhibits, Attachments and Addenda/Addendum, ❑ subseqwant quotes, and ❑ 17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 7 of 17 Fixed Term Service Agreement #2017-002 (Ver.1 ®dam Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 262-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold Page S of 17 Fixed Term Service Agreement #2017-002 (Ver.1) any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. rubbish n _ rnaterials aFising out of the %A.Inrk At the wmpletion • • _ ► � bri site, is well as all tools, applian-ces, Gonstruction equipment and manhi matepials, and shall leave the r • - • 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. Helm is Mil •- ■• a-• • •- •• -• • -• •••__ _� :� _• _ _ •� �• •. • •• • •-• • • • • • - • _ __ . • - • C •. •. • _ _ _ _ _ a • • - • • • 2 • • • C • • • • e • • • • - - • _ • _ _ _ _ �� a-• • • ••- ■ - • •••• - as ■ _ _ 72=1•• • Page 9 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) • • • •- . • •- -• -.. �r • • •� •• _ •• o 41.161vb. .•• • •- .• • •• . • •- . ••-• • •• ••- •- • • .• ■ N • A Lq 94i • 28, SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form 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. Page 10 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. FN_1 KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 11 of 17 Fixed Term Service Agreement #2017-002 (V 35. [M-1 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. 1101 ,- --. ...- ... _ 100, a_ ll 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 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. •♦ • • .•a • • as � • •• _ • •� �• • •^ •• __• _ Page 12 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: CRYSTAL K. KNZkL, INTERIIv1A4R By: 0 0.0 Dated: to-" airrnari's ContraSSW l C n ractor's Fi Witness Nino N`Irh6b TTApe/print witries; nameT Colactor's Secotfd Witness TType/print witness nameT Ap o ed as t r and Legality: Cou ty Attorney Print Name BOj COI By: SouthWest Direct Inc. Contrac or uj d4) By. Signatu e Ilan. ry TType/print signature and titleT Page 14 of 17 Fixed Term Service Agreement #2017-002 (Ver.l Exhibit A Scope of Services N following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) SCOPE OF WORK The selected contractor shall be responsive to the Financial Operations/Utility Billing Customer Service (FOS/UBCS) requirements below and provide costs which will be inclusive of labor, equipment, materials and other services to complete the entire scope of service. 1. Data, Security and Technical Support a. Provide a secure FTP site, or approved equivalent, for FOS/UBCS to send, and the vendor to receive the daily files from FOS/UBCS in the format identified by the County. b. Provide all technical support staff, software and equipment to complete the entire scope of work. c. Ensure that the County's data is protected, secured and not shared with third party vendors, or other individuals, in accordance with local, state and federal regulations. d. Provide a "1-800" toll free or local telephone number for FOS/UBCS support; telephone support must be between 7:OOAM-5:OOPM (Collier County Local Time), Monday -Friday. e. Provide a four (4) hour, or less, response time for technical calls. f. Provide for an escalation of issues system, along with contract names, telephone numbers and emails. g. Provide for redundant data and equipment delivery systems in the event of a declared or undeclared (by the County) disaster. A disaster is defined as fire, weather related, or other catastrophic loss of operational capability at the vendor's primary location for the execution and delivery of service in this RFP. 2. Internet Site a. The vendor is required to upload customer bills to the vendor's website on completion of each cycle printing and maintain a minimum of eighteen (18) months of bills for each account. FOS/UBCS customers will access this site via a link from the County's online account access website. FOS/UBCS will replicate the printing of bills from this site in the event customers do not have access to the Internet. Any inserts will be uploaded to the vendor's website as well as the County's website. 3. Design, Print, Meter and Mail Services a. Provide complete FOS/UBCS invoice (bill, insert and envelope) design, printing, metering and processing of all bills per approved FOS/UBCS prototype acceptance. Bills must be printed with the following names, addresses, bar codes, OCR characters, plus billing usage information and graphical images (graphical images may or may not apply), per FOS/UBCS specifications. b. Provide for on -going changes to design of bills or inserts at the request of FOS/UBCS. Quotes will be provided for all bill design changes and inserts printed by vendor. Quotes for inserts should include a per thousand bases as well as full customer base distribution. c. Provide for a maximum of two one page "8 '/2 X 11" inserts or one "8 % 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 10/1/17, the customer due date is 10/20/17). f. Provide for 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 for separation of bills where customers have elected to receive email notification of a -Bill availability via the County's website and send emails as appropriate. h. Provide for email delivery failure notification with rejection codes by billing cycles. i. Provide for the printing of duplicate bills to a secondary address based on data in the bill file. j. Provide for the lowest prevailing first-class meter rate available for the Utility bill metering. k. Outgoing bills via USPS should be post marked with a Florida (preferably Collier or Lee County) post mark, unless mailed under a disaster condition. I. Bills must be printed so that the use of return paper, envelopes, postage, etc. by billed customers is minimized. m, Provide for daily reports in Excel format of what has been printed, mailed, metered by class, etc. n. Provide reports for reconciliation of fees charged to Collier County. 4. Miscellaneous a. Vendor will be required to comply with USPS Cass/Mass Standards (notification of non- compliance is to be reported in written format to Collier County within one (1) business day of notification by the USPS). b. Vendor will also have certification of USPS NCOA — Link system (notification of non- compliance to be reported in written format to Collier County within one (1) business day of notification by the USPS). c. Ensure compliance with USPS address verification/validation. d. Demonstrate the use of "environmentally friendly products" (inks, paper, etc.) without additional costs to this contract. e. Demonstrate a quality assurance program monthly to ensure that bills are being printed properly, metered and sent from the supplier's location. f. Provide reasonable training to other county divisions to incorporate similar bill, print and meter services for the same cost. g. Compliance/adherence to: 1. Attachment provided: County's Bill Format 5. Disaster Recovery Plan: a. Provide for disaster recovery plans in the event the distribution facility is down; recovery is of the utmost importance and service must be reinstated within forty-eight (48) hours of the disaster declaration by Collier County. b. Use of third party vendors during the disaster must adhere to all of the terms and conditions of this contract, including the security of the County's data. c. Disaster recovery facilities must be provided from outside of the State of Florida. Bills must be mailed on same schedule reported in ID post mark and color printing requirements may be eased in a disaster scenario. Exhibit B Fee Schedule following this page (pages 1 through Page 16of17 Fixed Term Service Agreement #2017-002 (Ver.1) FEE SCHEDULE Scenarios Price for Design, Printing, Postage Price per Piece (assumes Sorting, Mail Preparation volume of 70,000 per month) (assumes volume of 70,000 per month A prototype of typical bill with no $0.138 $0.403 per piece (Domestic) inserts, including bill and return Price per piece envelope $1.15 per piece (Canada) $1.15 per piece (International A prototype of typical bill with no $0.133 $0.403 per piece (Domestic) inserts assuming bank draft Price per piece $1.15 per piece (Canada) $1.15 per piece (International) A prototype of typical bill with $0.138 $0.403 per piece (Domestic) inserts and return envelope Price per piece $1.15 per piece (Canada) $1.15 per piece (International) eBill notification through registered $0.133 Not applicable email address via the Internet (no Price per piece printing, no envelope, no inserts Printing of 8 %2" X 11" 4/0 no bleeds - $3,377 50# white offset inserts 2/2 no bleeds - $3,573 4/4 no bleeds - $6,156 Above prices are for 70,000 inserts 4/0 no bleeds - $48.24 2/2 no bleeds - $51.04 4/4 no bleeds - $87.94 Price per 1,000 inserts Printing of 8 %2" X 11" 4/0 no bleeds - $4,254 90# gloss inserts 2/2 no bleeds - $4,976 4/4 no bleeds - $6,156 Above prices are for 70,000 inserts 4/0 no bleeds - $60.77 2/2 no bleeds - $71.09 4/4 no bleeds - $87.95 Price per 1,000 inserts Note: above pricing is for printing of statement inserts only. Any variation in insert size or paper stock will require a quote. Likewise, any stand-alone direct mail projects will be quoted on a project by project basis. evo Other Exhibit/Attachment Description: ❑ following this page (pages through _) ❑ this exhibit is not applicable Page 17 of 17 Fixed Tern Service Agreement #2017-002 (Ver.1)