#08-5125 (Southwest Direct, Inc)
A G R E E MEN T 08-5125
for
"Annual Contract for Direct Mailin!! Services Includin!! Printin!! & Mailin!! of Utility Bills"
THIS AGREEMENT, made and entered into on this JL)~day of _m~h ,2009, between
Southwest Direct, Inc., authorized to do business in the State of Florida, whose business address is 2129
Andrea Lane, Fort Myers, Florida 33912, hereinaftcr called the "Vendor", and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall be for a one (1) year period commencing upon
award by the Board of County Commissioners and after receipt of the Notice to Proceed, in the
f()rm of a letter Jrom the Project Manager.
The County may, at its discretion and with the consent of Vendor, renew the Agreement under all
the terms and conditions contained in this Agreement for three (3) additional one (1) year periods.
The County shall give Vendor written notice of the County's intention to renew the Agreement
term not less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Vendor shall provide direct mailing services to process, print,
and mail the County's customer bills ("Work") in accordance with the terms and conditions of
RFP #08-5125, Exhibit C and the Vendor's proposal referred to herein and made an integral part
of this Agreement. This Agreement contains the entire undcrstanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the
County project manager or his designee, in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the timc such services are authorized.
3. COMPENSATION. The County shall pay the Vendor j()r the perl(lrmanCe of this Agreement the
aggregate of the units actually ordered and furnished at the unit price, togethcr with the cost of any
other charges/fees identilied in Exhibit B of this Agreement.
Any County agency may purchase services under this Agreement. provided sufficient funds are
included in their budget(s). Payment will be made upon receipt of a proper invoice and upon
approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
4. SALES TAX. Vendor shall pay all sales, consumcr, use and other similar taxcs associated with
the Work or portions thereoC which are applicable during the perJ()rmance of the Work.
Page 1 of 15
5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or
faxed to the Vendor at the following Address:
Southwest Direet. lnc
2129 Andrea Lane
Fort Myers, Florida 33912
Attention: Anthony D. Correnti, President
Telephone: 239-768-9588
Facsimile: 239-768-0408
All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the
County to:
Collier County Government Center
Purehasing Department - Purehasing Building
3301 Tamiami Trail, East
Naples, Florida 34 112
Attcntion: Steve Carnell, Purehasing/GS Director
Tclephone: 239-252-8407
Facsimile: 239-732-0844
The Vendor and the County may change the above mailing address at any time upon giving the
other party written notilication. All notices under this Agreement must be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Vendor or to constitute the Vendor as an agent of the
County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 2 I 8.80, F.S., all pennits necessary
for the prosecution of the Work shall be obtained by the Vendor. Payment f(lr all such permits
issued by the County shall be processed intemally by the County. All non-County permits
necessary for the prosecution of the Work shall be procured and paid I()r by the Vendor. The
Vendor shall also be solely responsible lor payment of any and all taxes levied on the Vendor. In
addition, the Vendor shall eomply with all rules, regulations and laws of Collier County, the State
of Florida, or the lJ. S. Government now in J(wce or hereafter adopted. The Vendor agrees to
comply with all laws governing the responsibility of an employer with respeet to persons
employed by the Vendor.
8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities f()r any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state. county or municipal ordinancc, rule, order or regulation,
or of any governmental rule or regulation now in c1Tect or hereaftcr enacted or adopted. In the
evcnt of such violation by the Vendor or if thc County or its authorized represcntative shall deem
any conduct on the part of the Vendor 10 be objectionable or impropcr, thc County shall have the
right to suspend the contraet of thc Vendor. Should the Vcndor fail to eorrect any such violation,
Page 2 of 15
eonduct, or praetice to the satisfaction of the County within twenty-four (24) hours after reeeiving
notice of such violation, eonduet, or practice, such suspension to continuc until the violation is
cured. The Vendor further agrces not to commence operation during the suspension period until
the violation has been corrected to the satisfaction of the County.
9. TERMINATION. Should the Vendor be laund to have failed to per!()rm his services in a manner
satisfactory to the County as per this Agreement, the County may terminate this Agreement
immediately for cause; further lhe County may terminate this Agreement for convenience with a
seven (7) day written notice. The County shall bc sole judge of non-performance.
10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex,
color, creed or national origin.
11. INSURANCE. The Vendor shall provide insurance as tallows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $ 1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Vendors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liabilitv: Coverage shall have I11111lmUm limils of $500,000 Per
Occurrence, Combined Single I.imit f(lr Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Countyship.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applieabIe state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 f()r
each accident.
Special Requirements: Collier County shall be listed as the Certilicate Holder and included
as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Vendor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modilication of any stipulated
Insurance coverage.
Vendor shall insure that all sub Vendors comply with lhe same insurance requirements that
he is required to meet. The same Vendor shall providc County with certiticates of insurance
meeting the required insurance provisions.
Page 3 of 15
12. INDEMNIFICATION. To the maximum extent pennined by Florida law, the Vendor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, rcasonable attorneys' fees and
paralegals' fees, to the extent caused by the ncgligencc, recklessness, or intentionally wrongtul
conduct of the Vendor or anyone employed or utilized by thc Vendor in thc perf()rmance of this
Agreement. This indemnification obligation shall not be coustrued to negate, abridge or reduce
any other rights or remedies which otherwise may bc available to an indemnitied party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Utility Billing and Customer Service Department.
14. CONFLICT OF INTEREST: Vendor 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. Vendor further represents lhat no persons having any
such interest shall be employed to per1(Hm those services.
15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Vendor's Proposal, Insurance Certilicate, RFP#08-5125 Specifications/Scopc of Services, Exhibit
A Supplemental Terms and Conditions, Exhibit B Quality Assurance, Exhibit C Implementation
Schedule, and Exhibit D Testing and Process Acceptance.
16. SUBJECT TO APPROPRIATION. It is further underslood and agreed by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. 1\:0 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, and County Administrative Proccdurc 5311, as may be amended or
otherwise updated. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, linn, and/or any employee of the Iirn1 trom contact
with County staff lor a specitied period of time; b. Prohibition by the individual and/or tirm from
doing business with the County f(lr a speciticd period of timc, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination oj' any contract held by the
individual and/or firm for causc.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Vendor is forn1ally acknowledging without exception or slipulation that it is fully responsible for
complying with thc provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thcreto, as cilher may be amended. Failure by thc
Vendor to comply with the laws reterenced herein shall constitutc a breach of this Agreement and
the County shall have the discretion to unilaterally terminate this Agreemcnt immediately.
Page 4 or t5
19. VENUE. Any suit or action brought by either party to this Agrecment 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.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and conditions of
this solicitation or resultanl contract to other governmental entilies at lhe discretion of the
successful proposer.
21. AGREEMENT TERMS. If any portiou of this Agreement is held to be void, invalid, or
otherwise uncnforceable, in whole or in part, the remaining portion of this Agreement shall rcmain
in el1ect.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract upon satisfactory negotiation of price by the Contract Manager and Vendor.
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes bctween the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attendcd by reprcsentalives of
Vendor with full decision-making authority and by County's stafl person who would make the
presentation of any settlement reached during negotiations to the County I()r approval. Failing
resolution, and prior to the commenccment of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attcmpt to resolve the dispute through mediation
before an agreed-upon Circuit Court Mediator ccrtificd by thc Stale or Florida. Thc mediation
shall be attended by representatives of Vendor with tull decision-making authority and by
County's staff person who would make the prescntation of any settlement reached at mediation to
County's board f()r approval. Should cither party fail to submit to mediation as required
hereunder, thc othcr party may obtain a court order requiring medialion under Scction 44. I 02, Fla.
Stat.
Any suit or action brought by eithcr party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate fedcral or state courts in Collier
County, Florida, which courts havc sole aud exclusive jurisdiction on all such matters.
24. KEY PERSONNEL/PROJECT STAFFING: The Vendor's personnel and management to be
utilized for this project shall be knowledgeable in their areas of expertise. The County rcserves the
right to perform investigations as may be deemed necessary to insure that competent pcrsons will
be utilized in the perlormance of the contract. Vendor shall assign as many people as necessary to
complete the project on a timely basis, and each person assigned shall be available for an amount
or time adequate to meet the dates set f()rth in thc Project Schedulc. Vendor shall not change key
personnel unless the f(lllowing conditions are lJ1ct: (I) Proposcd replacements have substantially
the same or better quafiJications and/or expericncc. (2) the County is notified in writing as l~lr in
advance as possible. Vendor shall make commercially reasonable e11011s to notify the County
Page 5 of 15
within seven (7) days of the change. The County retains linal approval of proposed replacement
personnel.
25. ASSIGNMENT: Vendor shall not assign this Agreement or any part thereof~ without the prior
consent in writing of County. Any attempt to assign or otherwise transfer this Agreement or any
part herein, without the County's consent, shall be void. If Vendor does, with approval, assign this
Agreement or any part thereof~ it shall require that its assignee be bound to it and to assume toward
Vendor all of the obligations and responsibilities that Vendor has assumed toward County.
26. PAYMENTS WITHHELD: County may decline to approve any invoice for payment, or
portions thereof, because of defective or incomplete work, subsequently discovered evidence or
subsequent inspections. The County may nullify the whole or any part of any approval for
payment previously issued and County may withhold any payments otherwise due Vendor under
this Agreement or any other agreement between County and Vendor, 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 filing of such
claims; (c) failure of Vendor to make payment properly to sub Vendors 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; (t) unsatisfactory prosecution of the Work by the Vendor; or (g) any other material breach
of the Agreement documents.
If any conditions described above are not remedied or removed, County may, after three (3) days
written notice, rectify the same at Vendor's expense. County also may onset against any sums due
Vendor the amount of any liquidated or unliquidated obligations of Vendor to County, whether
relating to or arising out of this Agreement or any other agreement between Vendor and County.
27. SUBSTITUTE PERFORMANCE: In the event the Vendor fails to perform any required serviee
within the time schedule under the subsequent Agreement, the County reserves the right to obtain
substitute performance. Further, the County reserves the right to deduct the cost of such substitute
performance from the Vendor's payments. The Vendor may be exempt from this provision if such
exemption is granted by the project manager or their designee, in writing, prior to any delays or as
a result of an Act of Nature.
Page 6 of 15
IN WITNESS WHEREOF, the Vendor and the County, have eaeh, respectively, by an authorized person
or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
By: ! ~ dJf.4.
Donna Fiala, Chairman
.
" 'l
.,.
. '~ .
Southwest Direct. Inc
Vendor
b;l~
First . ness
~fl-I.A,..) L u 1',DG ...J
tType/print witness namet
~es~
By ~ a-I <orP
SIgnature
~'1'b~Y .JJ.t!&flJ/f"!'ill'r1 ,~Et:J
Typed signature and title
~12"1 ';R \6V=~ VL
tType/print witness namet
Approved as to form and
legal sufTiciency:
~-b~~
Jennifer B. White
Assistant County Attorney
Page 7 of 15
Exhibit A
Supplemental Terms and Conditions
SECTION 1: PROCESSING OF MAILING AND BILLING DATA FILES: Each business day, the
County will send the Vendor files ("Data Files") that contain one, or multiple cycles of customer bill
information. The County may send multiple files to the Vendor per day. The Data Files will be sent to
the Vendor via the Vendor's secure FIP site. Data Files that the County sends to the Vendor's FTP site
by 12:00 noon each business day shall be processed and all customer bills and inserts printed and
mailed, by 5:00 pm the same business day. Data Files that the County sends to the Vendor's FTP site
after 12:00 noon each business day, shall be processed and all customer bills and inserts printed and
mailed by 5:00 pm the next business day. [1' the County's internal network is not able to send Data Files
to Vendor, the County will contact the Vendor immediately and make arrangements to provide the
Vendor with the Data files. Any travel cxpenses incurred will be reimbursed as per Section 112.061 of
the Florida Statutes.
SECTION 2: UNAVAILABILITY OF VENDOR'S FTP SITE: The Vendors FTP site shall be
available to the County twenty four (24) hours per day, seven (7) days per week, to accept Data Files. If
the Vendor's FIP site is unavailable to accept Data Files from the County, the County shall notity the
Vendor's designated contact person immediately and the Vendor shall make the necessary
arrangements, at Vendor's sole expense, to obtain the Data Files from the County within twenty four
(24) hours. If files are obtained before 12:00 noon of the same day of notification, Vendor agrees to
process before 5:00 pm the same day. If data files are obtained after 12:00 noon on the same day of
notification, Vendor agrees to process before 5:00 pm the next business day. If the Vendor does not
process, print and mail all customer bills and inserts as outlined above, the County will assess liquidated
damages as per Section 1 I below.
SECTION 3: DATA RECONCILIATION INFORMATION - Upon completion of the processing,
printing, and mailing of all customer bills in a Data File, Vendor shall email the County notifying them
that the Data File has been successfully processed and the date and time that the customer bills were
mailed. The email will contain a file with any address corrections identified for the eustomers in the
Data File. An emaiI messages will be sent to a distribution list of the County employees. This list will
be provided to the Vendor by the Utility Billing and Customer Serviee Department.
SECTION 4: NCOALINKTM - Vendor shall provide mail forwarding via the NCOALink from the
United States Postal Service (USPS) to update the mailing address for customers in the Data Files when
the customer bills are being printed. The customer mailing addresses in the Data Files are electronically
matched to the national database of address changes within the last eighteen (18) months.
SECTION 5: EOUlPMENT. SOFTWARE. AND FACILITIES - It shall be the responsibility of the
Vendor to obtain, and maintain all the equipment, software, services, and facilities required to accurately
print and mail the County's bills within the timeframes defined in this Agreement. The County shall not
be rcsponsibIe for providing or maintaining any of the equipment, software, or facilities needed to
process, print, and mail the customer bills and inserts.
Page8ofl5
SECTION 6: SYSTEM IMPLEMENTATION SERVICES - Vendor shall provide all
implementation and system testing services as per Exhibit D and E to the County at no charge. The
implementation will prepare the Vendor system to process, print, and mail the County's customer bills,
including, but not limited to the following:
. Preparing the Vendor secure FTP site for accepting Data Files sent to the Vendor by the County
Training County personnel to access the FTP site to transfer Data Files to the Vendor
. Implementing the County's bill print format into the Vendor system
· Design an interactive web site, which will allow the County's customers to view and print their
bills
. Provide ongoing web site development
SECTION 7: WEB SITE PROVIDED BY VENDOR - Vendor shall make a web site available
twenty-four (24) hours seven (7) days a week to allow the County's customers to access their utility bill
information. A link will be implemented on the County's web site to transfer customers from the
County's web site to the Vendor's web site. A County customer that accesses the Vendor web site will
be required to enter their account number; the Vendor web site must authenticate the aecount number
before displaying the customer's billing information. When a customer enters a valid account number,
the Vendor's web site will display the customer's bills for the last twelve months. The customer shall
have the ability to print a copy of any of the bills in their account. If the customer elects to print a copy
of a bill, the format of the bill printed will be the same as the format of the bill that is mailed directly to
the customer.
The customer bill information that is displayed on the Vendor web site will be limited to only those
customer bills that have been processed, printed, and mailed by the Vendor. Customer bills that were
not processed, printed, and mailed by the Vendor will not be available on the Vendor web site.
Vendor shall design, and implement the web site at no cost to the County. Additionally, there shall be
no on-going cost to the County for the use or hosting of the Vendor web site.
Prior to the implementation of the web site, the County and the Vendor shall develop a web site design
that is mutually agreed to by both the County and the Vendor.
SECTION 8: UNAVAILABILITY OF VENDOR'S PRIMARY FACILITY - For the duration of
this Agreement, the Vendor shall have an agreement in place with a third party company to perform
processing, printing, and mailing of the County's customer bills in the event that the Vendor's primary
facility is unavailable due to an act of God, or other event that is beyond the reasonable control of the
Vendor. If the Vendor's primary facility is unavailable, the Vendor shall have twenty four (24) hours
from the time the County sends the Data File to the Vendor FTP site to have the third party company
process, print all the customer bills and inserts, and mail the customer bills. Customer bills printed by a
third party will be printed in black and white. If the Vendor FTP site is not available to accept the Data
File, Vendor's responsibility for obtaining and processing the Data Files shall be as defined in Section 2
of this Exhibit A.
Any and all costs incurred as a result of using the third party company to process, print, and mail the
County's customer bills shall be the responsibility of the Vendor. The County shall not be responsible
Page 9 of t5
for any additional costs beyond the cost of processing, printing, and mailing customer bills as detined in
this Agreement.
SECTION 9: POST AGE - Postage for the mailing of all customer bills will be charged to the County's
USPS postage permit. The County shall provide Vendor with the required postage permit information,
and it shall be the County's responsibility to ensure sufticient payments are made to the USPS to enable
mailings to be made against the postage permit. Vendor shall be responsible tor sorting, grouping,
packaging, and in all other ways preparing the customer bills and inserts for mailing so that the lowest
possible postage fee is charged for the mailings.
SECTION 10: LIOUIDATED DAMAGES - County and Vendor recognize that the turnaround time
for processing the utility bills are critical and time sensitive under this Agreement, County will suffer
financial loss if Vendor fails to achieve daily processing within the time specilied above. In sueh event,
the total amount of County's damages, will be dif1icult, if not impossible, to definitely ascertain and
quantify. Should Vendor fail to achieve processing, printing, and mailing of customer bills and inserts
within the timeframes established herein, County shall be entitled to assess, as liquidated damages, but
not as a penalty, ($1000.00) for each calendar day thereafter until processing, printing, and mailing of
utility bills and inserts is achieved. Vendor hereby expressly waives and relinquishes any right which it
may have to seek to characterize the above noted liquidated damages as a penalty, which the parties
agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting
if Vendor fails to perform the Work within the required time periods.
SECTION 11: NO WAIVER - The failure of the County to enforce at any time or lor any period of
time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its rights thereafter to enforce each and every such
provIsIon.
SECTION 12: CONFIDENTIALITY OF THE COUNTY'S INFORMATION - Vendor
acknowledges that all material and information supplied by the County which has or will come into the
possession or knowledge of Vendor in eonnection with Vendor's performance is to be considered the
County's confidential and proprietary int()rmation, disclosure of which information to or use by third
parties will be damaging or which disclosure may be prohibited by law. Vendor agrees to hold such
material and information in strictest confidence, not to make use of it other than for performance as
delined in this Agreement, to release it only to Vendor employees requiring such information, and not to
release or disclose it to any other party or otherwise violate applicable law with respect to any disclosure
of information.
SECTION 13: LICENSE TO DO BUSINESS IN FLORIDA - For the duration of the Agreement,
Vendor shall be licensed to do business in the State of Florida.
SECTION 14: BILLING AND REPORTING - Vendor will invoice the County on the 15th and last
day of each month for the processing, printing and mailing of customer bills. If the 15th or last day of
the month falls on a weekend or holiday the invoice will be sent to the County on the next business day.
Vendor shall include with each invoice a report of the cycles of customer bills processed and the number
of bills processed per cycle reconciling the total number of bills processed to the amount of the Vendor's
lI1VOlce.
Page 10 of 15
Exhibit B
Payment Schedule
Scenarios Price for Design, Printing, Postage Price per Piece
Sorting, Mail Preparation
A prototype of typical Domestic
bill with no inserts, $ .138 $ .324 EST per pieee'
including bill and return Price per piece
envelope Canada
$ .74 est per piece
International
$ .94 est per pieee
A prototype of typical Domestic
bill with no inserts $ .133 $ .324 EST per piece'
assuming bank draft. Price per piece
Canada
$ .74 est per piece
International
$ .94 est per pIece
A prototype of typical bill Domestic
with inserts and return $ .138 $ .324 EST per piece'
envelope. Price per piece
Canada
$ .74 est per piece
International
$ .94 est per piece
Printing of 8.5" x 11"
60# white offset inserts 4/0 no bleeds - $3, I 52.00
2/2 no bleeds - $3,152.00
4/4 no bleeds - $3,695.00
Above prices are t()r 60,000
inserts
Printing of 8.5" x 11" ,
80# gloss inserts 4/0 no bleeds - $3,893.00
2/2 no bleeds - $4,297.00
4/4 no bleeds - $4,545.00
Above prices are f(lr 60,000
inserts
--
Page I I of 15
Exhibit C
Qualitv Assurance
SECTION 1 - QUALITY ASSURANCE - Quality Assuranee refers to Vendor's adherence to the
County's required specifications of the linal output of customer bills and inserts, including but not
limited to, text alignment, color, and clarity. Any changes to Quality Assurance as deseribed above must
be mutually agreed upon between Vendor and the County.
To minimize risk of unacceptable Quality Assurance, Vendor will ensure its bill formatting software
remains compatible with the County's software and Data Files. Vendor will upgrade its software as is
reasonably necessary and as upgrades are available to ensure Quality Assurance.
Vendor will implement quality control standards in the areas of the Data File confirmation and
reporting, address correction and mail forwarding, file processing, and print assurance. County can
verify 100% mail on all customer bill cycles through extensive reporting that will be provided by
Vendor including:
. Transmission Reply - Report to verify the numbers of records received in each Data File, the
number processed for production, and the dollar amount due from the tile.
. Address Correction - Vendor will provide address correction via CASS (Coding Accuracy
Support System) Certilication, a control of the United States Postal Service. CASS Certification
works by cleaning and standardizing County addresses to ensure they meet USPS specilications.
CASS will standardize the address spelling, add the nine-digit ZIP code (ZIP + 4), assign a
delivery point barcode, report uncertitied entries, and provide postal documentation. In addition,
Presort will qualify the mail for the lowest possible postal rate. After County's' me is proeessed,
a CASS Error Report is supplied in an Excel file format and emaiIed to a County contact
designated by County.
. NCOALink - Track move eligible to be forwarded addresses, and sort analyze each processing
cycle that is issued at the time of production.
. File Naming Conventions - Tactic used by Vendor to ensure that only the County's data is
processed through the template created for the County's customer bills, thereby avoiding print
errors.
. Prints Assurance Feature - Matches County paper code to the customer code in County's file
to ensure County data is printed on the corresponding paper stock.
. Quality Control Checks - Each Vendor department on the production floor performs a series of
quality checks at every station such as visual inspection, random sampling and hand sorting prior
to machine insertion.
SECTION 2 - SERVICE AVAILABILITY - The Service Availability component encompasses those
systems utilized by Vendor to provide the service to the County under the tern1S and conditions of this
Agreement. Service Availability includes Technical Error Resolution and Production Issues. Technical
Error Resolution refers to any situation that interferes with the Vendor's ability to conduct the
mechanical process (es) required to provide the data, i.e., Vendor servers being inoperable, and changes
in bill or bill data format. Production Issues refer to any situation, other than Technical issues, that
Page 12 of 15
interfere with the Vendor's ability to process the County's billing data 111 accordance with the
requirements in this Agreement.
To minimize risk of unacceptable Service Availability, Vendor will ensure its bill formatting software
remains compatible with County's software. Vendor will upgrade its systems and software as is
reasonably necessary and as upgrades are available to ensure Service Availability. Additionally, Vendor
will inspect the County's data transmissions for any physical damage and verify that the record count
agrees with the transmittal. All Data Files will be tested for read errors. County will be notilied
immediately if any problems occur with the transmission and a time will be established with County lor
retransmissions of the Data File. Vendor will work closely with the County to make sure the Data Files
are formatted correctly, minimizing any chance of error.
SECTION 3 - ERRORS - In the event the Vendor mails bills to eustomers with errors within any given
cycle, Vendor agrees to bare the total cost and any and all expenses associated to reprint, reprocess and
re-maiI bills to customers. These costs include, but are not limited to, postage, data re-processing,
supplying new envelopes and forms, printing, data imaging, inserting and delivery to post office within
24 hours of error occurring. Errors include, but are not limited to, formatting, discoloration, upside down
bills, bills printed on incorrect stock, etc. Errors could range from one error per billing cycle, several
errors per billing cycle, an entire cycle or a series of cycles.
Page 13 of 15
Week I
Week I
Week 1
Week 1
Week 1
Week 1
Week 1
Week I
Week 1
Week I
Week I
Week 1
Week 1
Week 1
Week 1
Week 2
Week 2
Week 2
Week 2
Week 2-3
Week 3
Week 3
Week 4
Week 4
Week 4
Week 5
Week 5
provider
Week 5-7
Week 7
Week 8
Exhibit D
Implementation Schedule
Week 1
Site visit of Vendor's Facilities and Operations
Kiek off meeting to assign key contacts for the County and Vendor for Paper Statement
Kick off meeting to assign key contact for the County and Vendor for Online View
The County to supply Collier County logo, sizing parameters, and PMS colors to Vendor
The County to supply information for bill backer in word document
The County provides Vendor information for OCR scan line according to Fifth Third Banks
specifications
Vendor provides the County account and instructions tor Vendor FTP site
The County to supply Vendor with data file and data map (I cycle minimum)
Vendor to define production, conlirmation and billing reports with the County
Vendor provides preliminary layout of utility bill shell front and back
The County review preliminary utility bill shell and sends changes to Vendor
Vendor provides the County with preliminary online view for customers
Vendor provides the County with preliminary online view for customer service
The County provides Vendor changes to online view customers
The County provides ehanges to layout or search features to Vendor for online view
Week 2
The County approves bill mock up and shell, front and back
Vendor maps and layouts the County data on approved shell.
Vendor provides pdfrun samples of the County bills.
Vendor integrates the County data with SQL server
Week 3
Vendor provides review of the County online view changes
Vendor provides sends the County bill Mockup for the County to review
Vendor provides changes to the County bill and reports are produce
Week 4
Remittance testing / OCR scan line
Statement Certification and sign otT of the County bill
Print stream sent to Disaster Recovery partner for testing of printing of Utility Bills.
Week5-7
Go Live of the County paper bill
Testing of Vendor online view with the County website and the County online payment
Testing of data sent from Vendor online view to the County online payment provider
Training provide to the County customer service on online view
Go live of the County online view for customers and customer service
Page 14 of 15
Exhibit E
TESTING AND PROCESS ACCEPTANCE
During the setup up and implementation proeess, Vendor will test the County's customer bills and the
web site for the following:
. Test the emergency communications and customer bill output with the third party disaster
recovery vendor (1 full billing cycle). Vendor will send a print stream to test the disaster
recovery plan that includes the third party vendor's ability to print the County's customer bills
from the Data Files.
. Review and verification of the data map of the County's customer bills.
. Verification of the County sending Data Files to the Vendor's FTP site and reports.
. Test the processing, printing, and mailing of cycles of customer bills.
. Test of OCR scan line for lock box processing. Vendor will send one full billing cycle to Fifth
Third bank for testing of OCR scan line.
. Test intelligent inserting and bank draft customers.
. Test and verification of the web site for viewing and printing customer bills
o Logins
o Account Numbers
o Address Lines
o City, State Zip
o Bill Date
o Bill information.
. Test and Verification of web site login.
. Test viewing customer information and bills via the web site.
Final authorization will be required by the County before GO LIVE for the web site and printing and
mailing of customer bills.
Page 15 of t5
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYVY)
3/2/2009
PRODuceR Phone; 239w936-5622 Fax: ::'.39-9%.8288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lutgert Insuran::ce -Fort Myers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5248 Red Cedar Drive #103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Myers FL 33907 I
'---- - ----- - ----- ~_._. - - I :~~E:~RLA:~?::~~~O~:~~:n-~eL.II)~--=E~~: ..----
INSURED
Southwest Direct, Inc, ---"~-
2129 Andrea Lane :'_~:JU_f3_E_REl:J2_G.Q..LtJ3_\i~J_e__JnS,ll.:rillLc_e~~____ ___.n_ ---,.._-
Fort Myers FL 33912 I~SlJRER c: M9.x:yJ,-an~.Cas ua 1 tY--1.nsur anq!!~c_.Jl.,9 3 5 6
IINSlJRFRO -- ---~ -- i ------
~;;URE~~-- I
COVERAGES
THE POLICIES OF INSURANCE LISTED
NOTWITHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY
TERMS, EXCLUSIONS AND CONDITIONS
fNSRAorTlr-------- -
~ERALLIABILlTY CPS0927739
f COMMERCIAL GENEf~~L LIABILITY
I I C! AIMS MADE 'xl OCCUR
:T- __c:U
~GE~ L AGGREGATE LIMIT APPllES PER
POLICY - PR91 r----: LOC
f_:A.Y_TOMOBILE LIABILITV '95422475
'x I ANY AUTO
c-'-
L, ALL OWNEO AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON.OWNED AUTOS
BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE F'OR THE POLICY PERIOD INDICATED,
TERM OR CONDITION OF ANY CONl'kACT OR OTHER DOCUMENT WITH RESPECT TO "l',lHICH THIS
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRI8ED HEREIN IS SUBJECT TO ALL THE
OF' SUCH POLICIES. AGGREGATE LIMI'I'S SHOWN MAY Hl\.VE BEEN REDUCED BY PAID CLAIMS.
POLicyEffECTiVE-" POLlCy'eXPlRATlON -- -----~I~~~.----".--~-
POLlCV NUMBER
B
5/16/2008
5/16/2009
E=~~~~:~_.__ .!_l_LQillL..o_QD_
PREMISES_~_~",\!r.!~.Y.1.OJL_SH2.9_
L~~0!:lxorrepersOl1) I..~__IL._Q.Q.~_~
_Y~~SONAL~AD.~~,,!JURY $ EXQ'.lll_cil;',--~
I GENERALAG~~~GATE ._ _~..2...-__o.0_Q_L_Q1LQ__
"PRODUCTS. COM?/OP AGG S E~_c_l.ng!;..g_
A
9/6/2008
j9/6/2009
,
i C. OMBINEOSINGLElIMIT fSOO 000
L (EaaCCldlln~_ ..___..~____~.^_..."._
j BODll V INJURY S
\Pljrperson)
ru------.u ,____~____.
; BODILY INJURY I
I ~Pe, acclderrl) $
PROPERTY DAMAGE
(P'-'fB(X:ident)
S
ANY AUTO
,~!:l.!2...~!'!.~ '!'. fA ACCJC?EN_~.......-L_ ___._
OTHER THAN
A'J100NL y;
EAACC $
AGG
! EXCESSIUMBRELLAUAElILITV
"--i OCCUR [~ CLA.IMS MADE
~~~Q..CCURRENCE ____ S
AG5~REp~
S
DtDUCTI6LE
RETENTION
1-
,
_._------,.$..~
S
s
i WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANV PROPRIETOR/PARTNER/EXECUTIVE
OFF ICE RIMEMBER EXCLUDED?
~P~~I~~~~~~4~NS belOW
I OTHER
'Print~~s E&Q
l T~~$[~JI~S I
~ EL EAC.f:0CCIDEN 1_
OTH.
_Eft
:~
c
IpAS001666678
,5/14/2008
5/14/2009
__~~:.PISEASE-EAEMPlOYEE ~_
E.l DIStASE-POUCVLIMIT S
P~L Claim $1,000,000
lAggt'egate $2,OOO,OOC
Ueductible $1,000
I
OESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES I EXCLUSIONS AODEO BY ENDORSEMENT ISPECIAL PROVISIONS
oIlier County Board of County Commissioners are oOlmed as AdditiOlldl Insured with respects to General Liabil'it-y.
Insurance cant.aios a 30 Days (10 Days fo!: Non-payment)written notice of cancellation.
CERTIFICATE HOLDER
Collier County Board of
3301 E. Tamiami Trail
Naples FL 34112
County
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE C~~CELLED
.. BEFORE THE EXPIRATION DATE THEREO?, THE ISSUING INSURER
CommJ.OOloners WILL ENDEAVOR TO MAIL Ie I:AYS WRITTEN i\"OTICE TO TEE
CERTIFICATE HOLDER NAMED TO THE IJEFT, BUT ?'AILtJRR TO DO SO
SHALl, lMPOSE NO 08!.IGATION OR LIABILITY OF ANY KIND UPON
THE TNSURER, ITS AGENTS OR REPRESENTATIVES.
ACORO 25 (2001108)
AUTHORIZED REPRESENTATtv~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pOlicy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DtSCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), aulhorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the polic!es listed thereon.
ACORD 25 (2001/08)
.Auto-Owners
Page 1
19020 UO-80)
Issued 08-07-200B
AUTOMOBILE POLICY DECLARATIONS
INSURANCE COMPANY
6101 ANACAPRI BLVD., LANSING, MI 48917-3999
AGENCY LUTGERT INSURANCE
12-0788-00 MKT TERR 068
Company/Agency Changed Effective 09-06-2008
(239) 262-7171
POLICY NUMBER
95-422-475-00
20-02-FL-9409
,NSUREO SOUTHWEST MAIL ADVERTISING
AND SOUTHWEST DIRECT INC
ADDRESS 2129 ANDREA LN
Company Use
Company POLICY TERM
Bill 12:01 a.m. 12:01 a.m.
to
FORT MYERS FL 33912-1903
09-06-2008
09-06-2009
DESCRIPTION OF ITEM INSURED
CLASS
AGE
SYHBOL/COST
TERRITORY
Comprehensive Liability
COVERAGES
Bodily Injury
Pr-operty Damage
Florida Hurricane
Catastrophe Fund
Assessment
036
Lee County I Fl
SPL
lIHITS
$ 500,000 person/$ 500,000 occurrence
$ 500,000 occurrence
PREMIUM
$106.65
21.17
TOTAL
1.28
$129.10
79547 (03-06)
Additional Forms For This Item:
PREMIUM BASIS: Estimated cost of hire - liability $ If Any
Rate Effectiye Data 02-22-2008
Florida Hurricane Catastrophe Fund assessment applies.
140
(Subject to audit>
5CA
1. 1983 FORD P/U
VIN: lFDXR80U4DVA22190
COVERAGES
Bodily Injury
Property Damage
Uninsured Motorist
Medical Payments
Personal Injury
Protection
Compr-ehensive
Collision
Florida Hurricane
Catastrophe Fund
Assessment
9
036
Lee County, FL
lII1ITS
$ 500,000 person/$ 500,000 occurrence
$ 500~OOO occur-ranee
$ 500,000 person/$ 500,000 occurrence
$ 5~OOO person
PREMIUM
$976.93
244.54
201.44
14.00
36.76
36.76
71. 00
$ 10,000
Actual Cash Value $ 250 deductible
Actual Cash Value - $ 500 deductible
TOTAL
15.82
$1,597.25
Interested Parties: None
Additional Forms For This Item:
79939 (03-05)
79255 (01-08)
79308 (07-05)
79402 (07-94)
PREHIUH BASIS: Radius of operation - within a 100 mile radius.
Rat. Effective Date 02-22-2008
USE CLASS (00261), NOC Used For R.tail Delivery.
Fleet Factor Applies.
Florida Hurricane Catastrophe fund assessment applies.
140
0005000
~---~~-J
Certificate of Insurance
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder other than those provided by this policy. .
This certificate does not amend, extend, or alter the coverage afforded by the policies described herein. .~_
Named Insured(s):
Gevity HR, Inc; Gevity HR, LP; Gevity HR II, LP; Gevity HR III,
LP; Gevity IIR IV, LP; Gevity HR V, LP; Gevity HR VI, LP;
Gevity HR VII. LP; Gevity HR VIII, LP; Gevity HR IX, LP;
Gevity HR X, LP; Gevity HR XI, LLC; Gevity HR XII Corp.;
Gevity XIV, LLC.
9000 Town Center Parkway
MARSH
Bradenton, Ftorida 34202 Insnrer Affordinl! Coveral!e i
!
(A) Commerce & Industry Insurance Company
Coverages: (B) New Hampshire Insurance Company
This is to certify that the policy(ies) of insurance described herein have been issued to the insured named herein for the policy period indicated.
Notwithstanding any requirement, term or condition of any contract or other document with respect to which the Certificate may be issued or may
pertain, the insurance afforded by the policy(ies)described herein is subject to all the tenns, conditions and exclusions of such policy(ies),
(Aggregate) Limits shown may have been reduced by paid claims.
Type of Insurance Certificate Exp. Date Policy Number* Limits
! I Employers Liability
Workers' 1-1-2010 (A) RMWC7095050 Bodily Injury By Accident
Compensation $ 2,000,000 Each Aceidenl
-
(B) RMWC7095051 Bodily Injury By Disease
$ 2,000,000 Policy Limit
Bodily Injury By Disease
$ 2,000,000 Each Person
Other:
Employees Leased To: Effeetive Date: 01101109
46827 Southwest Direet, INC.I
The above referenced workers' compensation policy(ies) provide(s) statutory benefits onJy to the employees of the Named Insured(s) on such policy(ies). not to the employees of any other
employer_
Notice of Cancellation: Should any of the poticies described herein be cancelled before the expiration date thereof, the insurer
affording coverage will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to mail such notice
shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives.
*Policy numbers may vary depending on jurisdiction.
Certificate Holder:
~JJl(!.IV~
Southwest Direct, INC. t
2129 Andrea Ln
Fort Myers, FL 33912-1903
Michael C. Weiss
Authorized Representative of Marsh USA Inc.
(866) 443~8489
Phone
01/0112009
Date Issued