Loading...
HomeMy WebLinkAboutAXIS (Advanced Xerographics Imaging Systems, Inc) - Utility Billing Invoicing - 2008 03 28Advanced Xerographics Imaging Systems, Inc. (AXIS) agrees to supply to CITY OF WINTER SPRINGS (CLIENT), located at 1126 East S.R. 434, Winter Springs, FL 32708 and CLIENT agrees to purchase from AXIS the CLIENT'S CASS Certification, Laser Printing and Mailing Services as outlined below. This Agreement will remain in effect per the specifications of the City of Melbourne piggy -back agreement (Contract # 12 -136 -0 -2007) dated March 26, 2008. CITY OF WINTER SPRINGS CUSTOMER SERVICE AGREEMENT SEPTEMBER 7, 2010 GENERAL PROCESSING ASSUMPTIONS AXIS will handle the laser printing and mailing of the CLIENT'S utility invoices. The volume is approximately 13,400 multi- page invoices /month and approximately 80 -300 final bills per month. 2. AXIS will charge rates based on the size of the Client's cycle size. This is the same pricing as current rates in contract. AXIS will receive data for the notices from the CLIENT weekly. CLIENT will supply a schedule thirty (30) days prior to each month. 4. AXIS will receive data in a format determined mutually by AXIS and CLIENT. (In data format). It is preferred that if the file is sent via electronic transmission that the CLIENT use "FTP" (File Transfer Protocol) and that the CLIENT compress the file using compression software. 5. AXIS will simplex (one side) laser print in black ink, the data on 8 'V2 X11, 60# offset or 24# bond white paper. The paper will be pre- printed 2/1, black or blue ink. The paper will have a horizontal perforation and will be "long- grain ". AXIS will supply the paper 6. AXIS will laser print a message that will print on the invoice. This message can be changed by the CLIENT from one cycle to the next. The required text for the message is required 72 hours prior to the printing and mailing of the invoices. AXIS DATA SOLUTIONS AXIS will fold and insert the notices into #10, white, single window envelopes along with a #9 white, window envelope. The #10 and #9 envelopes will be pre - printed on the front in black or blue ink. The #10 and #9 envelopes will be supplied by AXIS. There may be periodic requests for inserts to be mailed with the invoices. All invoices will receive the same insert. The CLIENT will supply the inserts to AXIS at least one week prior to the mailing. CLIENT will have clear instructions with the insert detailing which print run (cycle) requires the insert. All inserts supplied must be within the specifications supplied by AXIS to meet the machine requirements for automated inserting. AXIS CLIENT SERVICE AGREEMENT: City of Winter Springs Corporate Headquarters AXIS, Inc. 6851 TPC Drive Orlando, Florida 32822 -5142 Phone: (407)351.0232 Fax: (407)363.4586 1 Toll Free: 1 (800) 852 -3174 www.axisdatasolutions com West Coast Office AXIS Albuquerque, Inc. 901 Menaul Blvd., NE Albuquerque, NM 87107 -1658 Phone: (505) 822.8225 Fax: (505)852.5410 AXIS DATA SOLUTIONS 9. Any additional set -up or special programming will be charged at $75.00/hour. This rate will also be charged each time the message changes on the invoice. 10. AXIS is required to perform special programming on the data that CLIENT supplies. Some of the programming that is required is: A.) Process the files for CASS certification. (delivery point barcode) B.) AXIS will create a "key- line" that will appear above the name and address block for quality control purposes. C.) 3 of 9 barcode for return payment processing (if applicable). D.) Special message to be printed on the invoice for each cycle. 11. AXIS will supply all printouts to the postal service to document the postage discounts where applicable (e.g. zip distribution reports, CASS certificates, and presort summary reports). 12. AXIS will provide a postage report to the CLIENT for each run. 13. Each job will be sorted and bundled to the lowest qualifying First Class rate for postal discounts (U.S.P.S. CASS certified). NCOA and "MOVE UPDATE" requirements are the responsibility of the CLIENT. 14. AXIS will develop operation documents for printing as well as inserting and mailing, define procedures for quality control and develop all the automated controls that will be necessary to accurately process the data files when they are received by AXIS. 15. Delivery of mail to the postal facility located physically nearest to or directly to the U.S. Postal Service's Mid - Florida Processing and Distribution Center in Lake Mary Florida or to the Orlando Tradeport postal facility will be supplied at no additional charge. 16. 17. 18. 19. 20. Any "no- mail" notices, accounts with "bad" addresses or unused inserts will be delivered back to the CLIENT. Postage will be due one month in advance and a monthly report will be supplied to CLIENT to reflect the current status. PRICING Client is responsible for all shipping and delivery charges. All additional inserts (as defined in #7 above) will be processed at $10.00 /thousand inserts. Until May 31, 2013, the price for the programming /development listed in items 8 A -D, simplex laser printing, folding, inserting, metering, sorting, and delivery to the Mid - Florida postal facility in Lake Mary Florida or the Orlando Tradeport postal facility is $0.15580 /notice. The price for the #9 AXIS CLIENT SERVICE AGREEMENT: City of Winter Springs Corporate Headquarters AXIS, Inc. 6851 TPC Drive Orlando, Florida 32822 -5142 Phone: (407)351.0232 Fax: (407)363.4586 2 Toll Free: 1 (800) 852 -3174 www axisdatasolutions com West Coast Office AXIS Albuquerque, Inc. 901 Menaul Blvd., NE Albuquerque, NM 87107 -1658 Phone: (505) 822.8225 Fax: (505)852.5410 AXIS DATA SOLUTIONS Remittance envelope is $.02762 /each. This pricing is in agreement with the City of Melbourne Utilities agreement (piggy -back) dated March 26, 2008 (Contract #12 -136 -0 -2007) based on current cycle sizes. This price does not include postage. AXIS does maintain a minimum shop charge of $300.00 for this project. This charge is not in addition to the above price. It simply means that if the total project is less than this amount, AXIS will charge this flat rate to cover fixed costs. The break down for #9 envelopes based on the size of the CUSTOMER'S cycle size is: 1 -3,000 Utility Notices= $.02468/ envelope 3,001 -9,000 Utility Notices= $.02303 /envelope 9,001 - 15,000 Utility Notices= $.01948 /envelope The break down for the Utility Notices based on the size of the CUSTOMER "S cycle size is: 1 -3,000 Utility Notices= $.19637 /notice 3,001 -9,000 Utility Notices= $.15580 /notice 9,001- 11,000 Utility Notices= $.10653 /notice 11,001- 15,000 Utility Notices= $.10485 /notice 21. Terms are NET 45 upon delivery and acceptance. SIGNATURES: CITY OF WINTER SPRINGS By: Title: Date: (1/1 ( 1 y AXIS, INC. By: Title: Account Executive Date: September 7 2010 AXIS CLIENT SERVICE AGREEMENT: City of Winter Springs Corporate Headquarters AXIS, Inc. 6851 TPC Drive Orlando, Florida 32822 -5142 Phone: (407)351.0232 Fax: (407)363.4586 3 Toll Free: 1 (800) 852 -3174 �,vww axisdatasolutions com City of Winter Springs West Coast Office AXIS Albuquerque, Inc. 901 Menaul Blvd., NE Albuquerque, NM 87107 -1658 Phone: (505) 822.8225 Fax: (505)852.5410 AXIS DATA SOLUTIONS City of Winter Springs — Utility Billing TERMS & CONDITIONS SEPTEMBER 7, 2010 WARRANTY: AXIS warrants that the services provided herein will result in products that are usable as working records of the CLIENT. CLIENT agrees that such services shall not relieve it from any obligation to maintain records and/or duplicate copies of source documents to mitigate against the possibility of the loss of data resulting from any cause. If any documents furnished by CLIENT are damaged or lost while in AXIS' possession, AXIS' sole obligation shall be to reprocess the documents for mailing if CLIENT can provide a duplicate copy. AXIS shall not be liable for the loss of any information on or the damage to any source documents or magnetic media. No claim will be allowed under this warranty unless the CLIENT promptly notifies AXIS of such claim in writing within thirty (30) days of such occurrence. The foregoing warranty is exclusive and in lieu of all other warranties whether expressed or implied. AXIS ASSUMES NO LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OF ANY TYPE RESULTING FROM AXIS' PERFORMANCE HEREUNDER. THE AFORESAID REMEDY OF THE CLIENT IS EXCLUSIVE AND THIS PROVISION SHALL APPLY TO ANY AND ALL CLAIMS OR SUITS BROUGHT AGAINST AXIS BY THE CLIENT. AXIS SHALL NOT BE RESPONSIBLE FOR DELAYS IN PROCESSING OR IN THE DELIVERY OF THE COMPLETED PRINTING. 2. CHARGES FOR SERVICES: AXIS may vary the prices set forth in this Agreement to reflect increases in its labor and material costs. All price increases are effective thirty (30) days after written notice by AXIS to the CLIENT. Based upon receipt of a favorable credit application, Invoices are due NET45. TAXES: All federal, state, county, local or other excise, sales or use taxes will be paid by the CLIENT. 4. CONFIDENTIALITY: AXIS agrees to exercise caution and discretion in safeguarding CLIENTS information and data which are confidential and are clearly so designated. AXIS shall be liable to CLIENT only in the event of a willful and material disclosure of such information or data. NON - SOLICITATION AGREEMENT: Both parties agree that, during their contractual relationship, and for a period of two (2) years from and after the termination, for whatever reason, of this contract, neither shall engage, hire, employ, or solicit any employee from the other party or otherwise induce or attempt to induce any employee from the other party to leave its employment or alter in any way the other party's relationship with its employees. AXIS CLIENT SERVICE AGREEMENT: City of Winter Springs Corporate Headquarters AXIS, Inc. 6851 TPC Drive Orlando, Florida 32822 -5142 Phone: (407)351.0232 Fax: (407)363.4586 4 Toll Free: 1 (800) 852 -3174 www axisdatasolutions com West Coast Office AXIS Albuquerque, Inc. 901 Menaul Blvd., NE Albuquerque, NM 87107 -1658 Phone: (505) 822.8225 Fax: (505)852.5410 , 6. BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties to this Agreement, and their respective successors and assigns. In the event that substantially all of the assets of the CLIENT are sold to another company or the CLIENT is consolidated or merged with another company, CLIENT agrees that this Agreement shall be assigned to and be binding upon such other company. Further, if the data processing operations of CLIENT are transferred to a different location, this Agreement shall remain in effect if AXIS is able to provide the same services at such location as are provided hereunder. The CLIENT shall give AXIS sixty (60) days written notice of its intent to transfer its operations elsewhere. AXIS shall then have thirty (30) days to inform CLIENT as to whether it is able to continue providing services at the new location. 7. TIME OF ESSENCE: Time is of the essence with respect to each and every term and provision of this agreement. GOVERNING LAWS: The validity, construction, and effect of this Agreement shall be governed by the law of the state within which the services are to be provided. 9. DEFAULT: If either party is in default under this Agreement and such default continues for thirty (30) days after written notice thereof by the other party, this Agreement may thereupon be terminated by such other party. In case suit is brought by either party due to such default, the prevailing party in the litigation shall be entitled to recover against the other party a reasonable attorney's fee to be fixed by the court. In the event of a default by CLIENT, the parties agree that the minimum monthly charge, if any, stated on the front of this agreement shall not be used as the measure of damages. 10 EXCLUSIVE AGREEMENT: AXIS DATA SOLUTIONS CLIENT and AXIS agree to be bound by the terms of this Agreement and further agree that it is the complete and exclusive statement of the agreement between the parties, which supersedes all agreements, proposals, oral or written, and other communications between the parties relating to the subject matter of this Agreement. No amendment or modification to this Agreement and no waiver of any provision shall be valid unless in writing and signed by both parties hereto. If Client issues a purchase order or memorandum or other instrument covering the services provided herein, such purchase order, memorandum or instrument shall be for CLIENTs internal purposes only, and any and all terms and conditions contained therein, whether printed or written, shall not vary or add to the terms and conditions of this agreement. AXIS CLIENT SERVICE AGREEMENT: City of Winter Springs Corporate Headquarters AXIS, Inc. 6851 TPC Drive Orlando, Florida 32822 -5142 Phone: (407)351.0232 Fax: (407)363.4586 5 Toll Free: 1 (800) 852 -3174 www axisdatasolutions com West Coast Office AXIS Albuquerque, Inc. 901 Menaul Blvd., NE Albuquerque, NM 87107 -1658 Phone: (505) 822.8225 Fax: (505)852.5410 AXIS DATA SOLUTIONS The PARTIES agree to be bound by the terns and conditions documented in the original Client Service Agreement. Advanced Xerographics Imaging Systems Inc (AXIS, Inc.) Lori Foerster, Account Executive 9- -1- (0 Date k e u f 1 Sn1 i-- Name (Type or Print) t ,� ^ l IV JtA Title ?// /0 Client: By: (C p y Name) Si afore Date AXIS CLIENT SERVICE AGREEMENT: City of Winter Springs Corporate Headquarters AXIS, Inc. 6851 TPC Drive Orlando, Florida 32822 -5142 Phone: (407)351.0232 Fax: (407)363.4586 6 Toll Free: 1 (800) 852 -3174 www axisdatasolutions com West Coast Office AXIS Albuquerque, Inc. 901 Menaul Blvd., NE Albuquerque, NM 87107 -1658 Phone: (505) 822.8225 Fax: (505)852.5410 City of Melbourne AMENDMENT 2 TO AGREEME NT Utility Billing Services CONTRACT NO. (12 -136 -0 -2007) This Amendment to the Agreement for Utility Billing Services is made and entered into as of March 12, 2010, between the City of Melbourne and Advanced Xerographics Imaging Systems (AXIS), Inc., 6851 TPC Drive, Orlando, Florida, 32822. The Agreement, entered into on March 26, 2008, and amended on June 24, 2008, is hereby amended to renew the agreement for an. additional thirty -six (36) month period, at the same rate(s), by mutual agreement of both parties, through May 31, 2013. The parties hereto duly execute this Amendment to become effective as of Mine 1, 2010. CITY OF MELBOURNE 900 East Strawbridge Avenue Melbourne, Florida 32901 David N. McCue, Purchasing Manager (Signature) (Date) Distribution: Advanced Xerographics Imaging Systems, Inc. (AXIS) i B y: (Name /Title) �� �C= MCI1 / &110 *' :)3h (Signature) (Date) Department/Division File Purchasing File City of Melbourne SERVICE AGREE (12 -136 -0 -2007) Utility Billing Services Award Date; Approved by Melbourne City Council on March 2S, 2008 THIS Agreement is entered into this 26th day of March, 2008 for the period June 1, 2008 through May 31, 2010 by and between the City of Melbourne, Florida, hereinafter referred to as the City; and Advanced Xerographics Imaging Systems (AXIS) Inc.•6851 TPC Drive, Orlando, Florida, 32822, hereinafter referred to as the Contractor. NOW THEREFORE, the Parties do mutually agree that: 1. Scope of Service: Contractor shall furnish all labor, materials, equipment, facilities, and services to provide CASS certification, laser printing, and mailing services to the City of Melbourne, in accordance with General Processing Assumptions for the prices listed below: Item Des cription A. Non - recurrin fees Unit Unit Cost A -1 Initial development, data programming, Sum $ 0.00 data layout, form design, and. envelope design A -2 Additional customer requested data programming or set -up charges per /hr $ 75.00 B. Statement Materials/Proces Charges B -1 First Page Each $.02200 B -2 Postal Optimization Each $.03903. B -3 Uncoated, 8.5" x 11" Paper Stock with Each $.02322 City logo (24 lb) B -4 #10 Single Window Mailing Envelope Each $.02228 with City logo (24 lb) B -5 #9 Single Window Remittance Envelope Each $.01948 (24 lb) Total 1111aterials /Processing Cost Each $32601 C. Optional Charges C -1 Additional pages for inserts Each $.01000 C -2 Variable highlight laser printing Each $.00500 C-3 CD /DVD Archival Each $.01500 2. Performance: Performance under this Agreement shall be in accordance with the Contractors RFP response, dated January 17, 2008, and General Processing Assumptions as detailed below: A. Contractor shall handle the laser printing and mailing of the City's utility bills. The volume is approximately 57,000 per month. B. Contractor will receive data for the utility bills from the City four (4) times per month. The City will supply a monthly schedule one week prior to the beginning of the first billing cycle of each month. The City reserves the right to change the billing date and/or the number of billing cycles, as necessary. C. Contractor will receive data via ASCII file in zip file format transmitted via FTP transmission. A record layout will be supplied by the City. All data will be supplied in separate fields and the City shall compress the file using compression software. D. Contractor shall simplex (one side) laser print the data on 1/1 color pre- printed 8.5" x 11 ", 249 bond white paper. The paper shall have a horizontal perforation and shall be "long- grain ". The Contractor shall provide the paper. E. Contractor shall fold. and insert the utility bill(s) into a #10 white, single window envelope. The Contractor shall insert a 99 white courtesy reply envelope (CRE) for utility bills requiring a mailed remittance. Utility bills that are designed for ACH payments will not require the #9 CRE. Both the #10 and 49 envelope will be pre - printed on the front in blue ink and shall be supplied by the Contractor. F. Contractor shall set up the Utility Bill form and program to include scan lines for multiple page matching (intelligent inserting). The City will provide the matching criteria for the multiple page programming. G. There may be periodic requests for inserts to be mailed with the utility bills. The City shall supply the inserts to the Contractor at least one week prior to the mailing. The City will provide clear instructions with the insert detailing which print run (cycle) requires the insert. All inserts supplied must: be within the specifications supplied by the Contractor to meet the machine requirements for automated inserting. l4. Contractor is required to perform special programming on the data that the City supplies. Some of the programming that is required is: (1) Process the files for CASS certification (delivery point barcode). (2) Contractor creation of a "keyline" that will appear above the name and address block for quality control purposes. (3) Three (3) of nine (9) barcode for return payment processing (if c�pplicuble). (4) Special messages to be printed on the notice for each cycle (if applicable). L Contractor shall supply all printouts to the postal service to document the postage discounts where applicable (e.g. zip distribution reports, CAS,` certifications, and pre -sort summary reports). J. The City will pre -pay one month of estimated postage to the Contractor prior to the first of each month and Contractor shall provide a postage report to the City for each billing run. K. Each job will be sorted and bundled to the lowest qualifying First Class rate for postal discounts (USPS CASS certified). NCOA and "MOVE UPDATE" requirements are the responsibility of the City. L. Contractor will develop operation documents for printing as well as inserting and rnailing; define procedures for quality control; and develop all the automated controls that will be necessary to accurately process the data files when they are received by the Contractor. M. Any "no- mail" notices, accounts with "bad" addresses or unused inserts will be delivered back to the City at no extra charge. 3. Payment: Blai purchase orders will be issued by the using departments/ divisions for specific periods of time to cover invoices for contract service performed for the City of Melbourne. The Contractor shall be paid within forty - five (45) calendar days after receipt of an itemized invoice from the Contractor and acceptance of the service /work by the City, less any deductions or f assessments. 4. Renewal of Agreement: Three (3) year period, Parties. The Agreement may be renewed for one (1) additional at the same rate(s), by mutual agreement of both 5. Terms and Conditions: A. Deliven and Acceptance Receipt of services /supplies shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after thorough inspection indicates that the services /supplies delivered meet the specifications, terns and conditions. Should the services /supplies differ in any respect from the specifications, payment will be withheld until such time as the Contractor takes necessary corrective action. If the proposed . corrective action is not acceptable to the City or the Contractor, final acceptance of the services /supplies may be refused, in which case the City shall not be liable for payment. Itemized invoices must be submitted for each bill run to Accounts Payable. The City must approve all invoices prior to payment. Time is of the essence in this contract, and. failure to deliver as specified within the time period required shall be considered a default. In the case of default, the City may procure the services /supplies from other sources and hold the Contractor responsible for al.1 costs occasioned thereby and may immediately cancel the agreement. B. :ion- ApEropriation of Funds In the event sufficient budget funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and the contract shall terminate on the last day of the current fiscal period, without any penalty or expense to the City of any kind whatsoever. C. Indemnificat As respects acts, errors, or omissions in the performance of professional service, the Contractor agrees to pay on behalf of and hold harmless, indemnify, and defend the City of Melbourne, its officers, elected officials and employees from and against any and all claims, action, loss, demands defense costs, liability or consequential damages of any kind or nature (including, but not by way of limitation, attorney's fees, and court costs) arising out of, or incidental to, the performance of the contract to be executed or service performed thereunder. D Assignment The Contractor, his/her assigns or representative, shall not enter into any agreements with third parties to delegate any or all of the responsibilities or rights herein set forth without prior written approval of the City. E. independent Contractor The Contractor shall perform the conditions of this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship of status. Nothing in this Agreement shall be, in any way, construed to constitute the Contractor or any of his/ her agents or his /her employees as the agent, employee or representative of the City. F. :Insuranc The Contractor agrees to furnish a certificate of insurance naming the City of Melbourne as an additional insured with General Liability of $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage; Professional Liability with $ 1,000,000 combined single limit per occurrence; Automobile Liability $1,000,000 combined single limit per accident for bodily injury and property damage; and Workers' Compensation and Emplo ers Liabilitv limits of $1,000,000 per accident. Go 'Termination for Convenience The performance of service under this contract may be terrninated by the City in whole or in part whenever the City determines that termination is in the City's best interest. Any such termination shall be effected by the delivery to the Contractor of a written notice of termination at least fifteen (15) days before the date of termination. H. 'Termination for Default The City shall have the right to terminate this Agreement if the City determines that the Contractor has not satisfactorily perforrned the service /work required, as determined by the City. In the event the City decides to terminate the Agreement for failure to perform satisfactorily, the City shall give the Contractor at least fifteen (15) days written notice before the termination takes effect. The fifteen day period will begin upon the mailing of notice by the City. WITNESS these signatures: CITY OF MELBOURNE 900 East Strawbridge Avenue Melbourne, Florida 32901 4 Ja ckM.hluckebier, Ph.D. (Date) City Manager MAR 3 1 2008 Attest: (Seal) Cathy Wysor, City Clerk Distribution: Advanced Xerographics Imaging Systems, Inc (AXIS) 6851 TPC Drive Orlando, Florida 32822 Name /title of authorized representative (Signature) , (Date) Attest or Witness: By '71 �� Department /Division Purchasing