HomeMy WebLinkAbout15- DataProse LLC for Utility Bill Print and Mailing ServicesPROFESSIONAL SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this day of April, 2015, by and between
the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Avenue,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as "City," and DataProse LLC, a Texas limited liability company, hereinafter referred
to as "Contractor."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment A and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on the third anniversary of the effective date, unless terminated earlier in
accordance with this Agreement.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services, Attachment A. For conflicts between
this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services, Attachment A. Any alteration or deviation from the described services that involves
additional costs above the Agreement amount will be performed by Contractor after written request
by the City, and will become an additional charge over and above the amount listed in the Scope of
Services. The City must agree in writing upon any additional charges.
5. Contractor's Representations: To induce City to enter into this Agreement,
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
Page 1 of 11
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perforin said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City's personnel policies handbook and may not be considered a City employee for workers'
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers' compensation coverage for all members and
employees of Contractor's business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
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7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney's fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit and
without regard to the cause or causes thereof or the negligence of any party or parties that may be
asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's
agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor's agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor's
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or
was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City's performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
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Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except "responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor's expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers' Compensation — statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a sixty (60) day notice of cancellation or non -renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
within two (2) business days of Contractor's receipt of notice that any required insurance coverage
will be terminated or Contractor's decision to terminate any required insurance coverage for any
reason.
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
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The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor's right to proceed with all or any part of the work ("Termination Notice
Due to Contractor's Fault"). The City may then take over the work and complete it, either
with its own resources or by re -letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor ("Notice of Termination for City's
Convenience"). The termination shall be effective in the manner specified in the Notice of
Termination for City's Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
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immediately in progress.
C. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City's Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City's Representative: The City's Representative for the purpose of this
Agreement shall be Brian LaMeres, Controller / Software Application Manager or such
other individual as City shall designate in writing. Whenever approval or authorization from
or communication or submission to City is required by this Agreement, such communication
or submission shall be directed the City's Representative and approvals or authorizations
shall be issued only by such Representative; provided, however, that in exigent
circumstances when City's Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as listed above
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
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and may receive approvals or authorization from such persons.
b. Contractor's Representative: The Contractor's Representative for the
purpose of this Agreement shall be William K. Murray, Chief Executive Officer or such
other individual as Contractor shall designate in writing. Whenever direction to or
communication with Contractor is required by this Agreement, such direction or
communication shall be directed to Contractor's Representative; provided, however, that in
exigent circumstances when Contractor's Representative is not available, City may direct its
direction or communication to other designated Contractor personnel or agents.
12. Notice: All notices must be in writing and may be delivered in person, by fax, first
class mail, overnight delivery service, or electronic mail to the parties' authorized representatives.
Mailed notices will be effective on the third day after mailing. Notice by personal delivery or
delivery service will be effective when delivered. Addresses for the purpose of giving notice are:
If to City:
City of Bozeman
121 N. Rouse Ave.
Bozeman, MT 59771-1230
Attn: Brian LaMeres, Controller
If to DataProse:
DataProse
1122 W. Bethel Road
Coppell, TX 75019
Attn: William K. Murray, CEO
13. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
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14. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers,
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
15. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons
performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti -discrimination laws, regulations, and contracts. The Contractor will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder. The Contractor shall require these
nondiscrimination terms of its sub -Contractors providing services under this agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
Page 8 of 11
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney's Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior -level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
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b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
28. No Third -Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
31. Force Maieure: Neither party shall be responsible for delays or failures in
performance resulting from acts or occurrences beyond the reasonable control of such party,
including, without limitation: fire, explosion, power failure, flood, earthquake or other act of God,
Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
Page 10 of 11
war, revolution, or acts of terrorism. In such event, the party affected shall be excused from such
performance (other than any obligation to pay money) on a day-to-day basis to the extent of such
interference, and the other party shall likewise be excused from performance of its obligations on a
day-to-day basis to the extent such party's obligations relate to the performance so interfered with.
32. Confidentiality: Each party agrees that any and all data, reports and documentation
supplied by the disclosing party or its affiliates or third parties on disclosing party's behalf, which
are confidential shall be, subject only to the disclosure required for the performance of receiving
party's obligations hereunder, held in strict confidence and shall not be disclosed or otherwise
disseminated by receiving party without the consent of disclosing party, except as required by
applicable law, regulation or legal proceeding.
33. Extensions: this Agreement may, upon mutual agreement, be extended for periods
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than five (5) years.
* * * * END OF AGREEMENT EXCEPT FOR SIGNATURES * * * *
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA
~ f£{
By
Chris Kukulski, City Manager
APPR VED A w FORM:
By
f
Greg llivan, Bozeman City Attorney
DATAPROSE LLC
By L'
Print Name:
Print Title:
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Professional Services Agreement for Utility Bill Print & Mailing Services
FY 2015 — FY 2018
Page 11 of 11
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ATTACHMENT A: SCOPE OF SERVICES
LAST UPDATED—THURSDAY, /APRIL 16, 2015
ARTICLE 1 SCOPE OF SERVICES. DataProse agrees to provide to Client goods and/or services as described in Schedule 1.0 (the "Goods and Services"), and Client agrees
that DataProse shall be its exclusive provider of these Goods and Services during the term of the Professional Services Agreement ("Agreement") between the parties dated April
_, 2015. During the term of the Agreement, the City agrees to furnish data and documentation for, and DataProse agrees to produce a minimum monthly quantity of 12,000
statements ("Minimum Commitment"), based upon the rates and terms provided herein. In the event that the City does not fulfill the Minimum Commitment, then the City shall pay
to DataProse a minimum processing fee ("Minimum Processing Fee") in an amount that shall be calculated based upon the Minimum Commitment and the rates and terms provided
herein.
ARTICLE 2 COMPENSATION. In full and complete compensation for all Goods and Services provided by DataProse hereunder, the City agrees to pay DataProse according
to rates set forth in Schedule 1.0. DataProse will provide an invoice to the City after each production run consisting of the fees, as outlined in Schedule 1.0 and postage used.
Invoices are due upon receipt and will be considered past due if not paid within 30 days. A monthly late charge will be assessed on invoices not paid within thirty (30) days. The
late payment charge will be the lesser of (i) 1-1/2% per month, and (ii) the applicable maximum lawful rate of interest, applied to the invoice amount unpaid (30) thirty days after
billing to the City. The prices charged by DataProse to the City for the Goods and Services listed in Schedule 1.0 will not be increased for a period of twelve (12) months from the
Effective Date of this Agreement ("Pricing Period"). All DataProse prices are subject to increase following this initial Pricing Period or any subsequent Pricing Period, upon written
notice to the City. The rate of any price increase shall not exceed ten percent (10%) at the completion of any Pricing Period. In the event the City cancels the Agreement as allowed
under the provisions of the Agreement, then payment for all Goods and Services delivered and/or rendered between the cancellation notification date and the effective date of the
cancellation shall be due concurrently upon delivery and/or rendering of such Goods and Services. The compensation payable to DataProse under the Agreement is subject to
future appropriation of funds. In the event of nonappropriation of funds, the City will notify DataProse within thirty (30) days of the nonappropriation.
ARTICLE 3 POSTAGE, The City must maintain a permanent postage deposit in connection with the Agreement. The City shall deposit in advance with DataProse the initial
sum specified on Schedule 2.0 as the permanent postage deposit. The amount required to be maintained on deposit with DataProse may be changed by DataProse on a periodic
basis due to changes in the City's volume, postage usage, postal rates or payment history. The City will be notified in writing and in advance if the deposit amount is changed. Upon
termination of the Agreement, DataProse shall return the deposit amount to the City after payment forall Goods and Services and postage has been paid by the City. If this Agreement
is terminated due to default of the City, DataProse may apply any of the City's funds it holds against any sum owed by the City to DataProse upon termination of the Agreement. If
the City fails to maintain the deposit at the required levels, or if the City fails to maintain current status of all invoices as described in article 2, or fails to notify DataProse that funds
have been appropriated to meet the City's obligations under the Agreement, DataProse may immediately suspend its performance under the Agreement.
ARTICLE 4 EXPENSES. When the City has approved the amount of such costs and expenses in advance and in writing, the City will reimburse DataProse for costs and
expenses associated with the delivery and performance of Goods and Services for the City, such as cost of travel, expenses associated with travel, freight, delivery service and other
required supplies in connection with providing the DataProse Goods and Services associated with the Agreement.
Client: DataProse: Page 1 of 3
ATTACHMENT A: SCOPE OF SERVICES
Schedule 1.0 – Fees for Goods & Services
Bill Package (Includes: data processing & simplex, full-color laser imaging, 8.5x11 white paper, perforated at 3.5" from
bottom, #10 window OE, single window RE, folding, inserting, presorting and delivery to USPS)
Search & ViewBill (Archive Package Includes: data processing, archive creation, search, access & hosting of archive
files for 12 months from creation date – Minimum Monthly fee - $150)
Optional Services
NCOALink –Automated address update service
NetBill (Includes: Internet bill presentment, 24x7 access to customer bills, hosted on DataProse servers, posting of
invoices, email notification of bill availability to customer, payment facilitation)
• Credit Card Transaction Fee
• ACH Transaction Fee
Additional Impressions – Color
Additional Impressions – Black Ink Only
Simplex Backer Impression
Bill Suppression (data processing only – Group Y & Z)
Oversize Surcharge (8-99 page bills – Group C)
Oversize Surcharge (100+ page bills – Group D & E)
Search & ViewBill Transmission Fee (CD or FTP – Shipping will be charged separately)
Additional Inserts (Inserting fee / above and beyond what is included in the Bill Package)
Offline Folding (As requested)
Basic Statement Set up Fee (Standard Format and Reports)
Technical Services (including additional set-up beyond standard, formatting or custom reports, conditional logic &
insert/forms composition)
Freight, Courier & Air Delivery
Minimum Daily Processing/Production Fee
Postage (1 oz.)
LAST UPDATED -THURSDAY, APRIL 16, 2015
$0.137
Per Bill
$0.015
Per Bill
$0.40
Per Address Correction
$400.000
Per Month
$0.350
Per CC Transaction
$0.60 or 1.25%
i"
Per ACH Transaction
rvmr�,�r s,ea�ea
$0.05
Per Impression
$0.035
Per Impression
$0.01
Per Impression
$0.05
Per Bill
$0.20
Per Bill
$4.00
Per Bill
$100.00
Per Transmission/CD
$0.015
Per Insert
$0.005
Per Piece
NC
One Time
$125.000
Per Hour
Cost
Per Request
$150.000
Per Day
$0.406
Per Bill
Schedule 2.0 – Permanent Postage Deposit
Permanent Postage Deposit (Based on two (2) months estimated volume = 24,000 x $0.406) $9,744.00 (2 months @.406)
Schedule 3.0 – Performance Guarantee
DataProse will deliver the City's bills within an average of 24 hours from the applicable Determination Date (defined below). Such average time period will be determined by
measuring the number of elapsed business days between each respective Determination Date and the date which 95% or more of the City's bills were mailed for consecutive three
(3) month period or a minimum of six (6) production cycles.
Schedule 3.1 – Determination Date
The "Determination Date" is the date which data is received via electronic transmission if prior to 12:00 PM (Noon), Central Time. If data is received after 12:00 PM
(Noon), Central Time, the Determination Date is the business day immediately following the date data is received. If data is received on a non -business day (weekend
or national holiday) the Determination Date will be the next consecutive business day.
Schedule 3.2 – Approval and/or Business Rule Exception
If an Approval has been required by the City and defined in the business rules for each production run, then the Determination Date will be set by the date and time of
the Approval instead of the receipt of data as defined above. As to any production run, the Performance Guarantee will not apply if the City has not provided all data and
documentation necessary (as dictated by required business rules) to permit DataProse to produce the bills in a timely manner, or if the City fails to approve or report
required changes to DATAPROSE in order to complete the work in a timely manner.
E
Client: DataProse: Page 2 of 3
DATAProse ATTACHMENT A: SCOPE OF SERVICES
LAST UPDATED—THURSDAY, /APRIL 16, 2015
Schedule 4.0 — Glossary of Terms
Impression
Laser Imaging of one side of one piece of paper. Each physical piece of paper can contain two (2) impressions.
USPS
United States Postal Service
Laser Imaging
The process where the application of dry toner (ink) is electro statically applied and bonded to a piece of paper.
Simplex
Laser Imaging of one (1) side of a piece of paper only.
Duplex
Laser Imaging of both (2) sides of a piece of paper.
OE
Outer Envelope — This envelope is used as the carrier mechanism for all information contained in a package to be mailed.
RE
Reply Envelope — This envelope is usually utilized by a customer to return information/payment requested by on organization.
Presorting
The act of organizing mail according to the rules and regulations defined by the USPS in order to achieve lower postage rates and
increase deliverability of mail.
Business Day
Any day in which the USPS as well as the U.S. Federal Reserve are open for business.
U.S. federal holiday
All Holidays as defined by the U.S. Federal Reserve.
24x7
24 hours a day, 7 days a week.
Additional Inserts
Any item requested to be placed into the mail container above and beyond (a) the bill and (b) the RE .
Container
One complete piece of mail packaged into one OE.
Electronic Transmission
The act of sending data via DataProse online utility, FTP or Modem
Bill
Data and other information pertaining to one (1) account number and usually in reference to one customer
Group
The term used by DataProse to define how bills are gathered & produced in order to maximize production capabilities. These
groups are defined as follows:
Group A — 1 ounce bills
Group B — 2 ounce bills
Group C — 8-99 page bills
Group D — 100-499 page bills
Group E — 500+ page bills
Group I — International bills
Group P — Pull bills (Pulled and returned to Account Manager for further action)
Group X — Hold bills (combined and sent back to Client)
Group Y — Online only bills (Suppress from print only)
Group Z — Suppress all
Suppress or Suppression
The act of excluding records or bills (based on City defined criteria) that have been received in the input data stream received from
the City
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Client: DataProse: Page 3 of 3