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CM-11-04-073ROUND ROCK, TEXAS PURPOSE-. PASSION. PROSPERITY. Item Caption: Approval Date: Department: Project Manager: City Manager Approval Summary Sheet Consider executing the Statement of Work (SOW) from Tele -Works, Inc. for use of their Outbound Notification System by the Finance Departments Water Billing Section. April 8, 2011 Finance Department Cheryl Delaney, Director of Finance Item Summary: The City of Round Rock will implement a new telephone reminder system to customers whose service is scheduled for disconnection due to non-payment. The attached Statement of Work (SOW) from Tele -Works, Inc. is for the Hosted Alertworks Outbound Notification System that will be used by the Finance Departments Utility Billing office. The afore mentioned notification system will have the ability to make outbound notifications via phone regarding past due balances 24-48 hours prior to service disconnect. A short message will let customers know the payment requirement, cutoff dates and payment options available. Strategic Plan Relevance: 8.0 Maintain and enhance public confidence, satisfaction and trust in City government. Cost: $2,980.00 per year Source of Funds: Utility Fund 200 REV. 6/10/10 STATEMENT OF WORK (SOW) Tele -Works, Inc* SOW No. 7172a Date: August 6, 2010 CONTACT INFORMATION Agency: Round Rock, TX Contact: Irma Mendoza Phone: (512) 218-5465 Account Manager: John Schott Phone: (540) 953-2631 x470 PRICE QUOTATION PRICING IS VALID FOR 180 DAYS. One-time Set-up Fee Annual Subscription Fee* Prepaid Minutes for Outbound Callouts (6,000 minute s acka Hosted alertworks Outbound Campaign Manager for Utilities** * Ongoing annual fee. ** Hosted alertworks Outbound Campaign Manager is for utility use only. waived $1,900 $1,080 DESCRIPTION OF PRODUCTS AND SERVICES The following is the proposed Tele -Works solution for Round Rock, TX (the "Agency"). Hosted alertworks Outbound Notification System • Ability to make outbound notifications via IVR/phone to any list of phone numbers and send email alerts. • Ability to make day-to-day routine call -outs or high-capacity call -outs (with a usage surcharge). • Ability to establish call campaigns with basic calling parameters such as static message content, contact information management, call scheduling, retry attempts, and answering machine detection. • As new features are released, they will become available to customers in good standing. • Upon contract execution, initial training will be arranged for delivery to appropriate agency personnel via web -based session. Additionally, the annual subscription provides access to Tele -Works Customer Care 24/7/365 support for the purposes of ongoing support and assistance. TERMS AND CONDITIONS Full Agreement. This SOW constitutes the full agreement and contract between the parties per the terms and conditions contained herein. Term / Contract Commitment. By agreeing to the terms of this SOW, the customer is making a 12 -month commitment to the Tele - Works hosted services and payment for those services as they are defined in this SOW. The Customer may terminate the contract prior to the end of the 12 -month period but will not be entitled to any refunds for unused products or services. After the initial 12 months, either party may terminate this Agreement at any time upon thirty (30) days prior written notice to the other party. alertworks Minutes Usage. Minutes Usage: A call of thirty (30) seconds or less will be billed the same as a call of thirty (30) seconds. After the first thirty (30) seconds, calls will be billed in six (6) second increments. All call costs are rounded up to the nearest cent. There is no charge for calls that do not connect. Standard and High -Volume Call -Out Capacity: The Agency can make call -outs using either of two call -out capacities. Standard Capacity provides the ability to place approximately 12 simultaneous calls; High -Volume Capacity provides the ability to place hundreds of calls simultaneously. High -Volume Capacity Surcharge: When using High -Volume Capacity Call -Out, Prepaid Minutes are used up at a 50% higher rate than during Standard Capacity Call -Outs. For example, a 60 second high-volume outbound call would use 90 seconds of Prepaid Minutes. Prepaid Minutes Do Not Expire: Prepaid Minutes will not expire, provided the Customer is current and paid-up with its Annual Subscription Fee and its other payment obligations to Tele -Works. Prepaid Minutes Package Refills: When Prepaid Minutes are used up, a new Prepaid Minutes Package will be refilled automatically and the customer will be invoiced according to the pricing indentified above. If Prepaid Minutes are used up two or more times in a contract year, then Tele -Works will have the option, at its discretion, to move the Customer to a larger Prepaid Minutes Package, in order to minimize the frequency of refills and invoicing. Any increase in the size of the Prepaid Minutes Package will have a Round Rock TX SOW7172a Departmental Hosted alertworks 8-6-10.doc Page 1 of 3 corresponding increase in the fee for Prepaid Minutes that is proportional to the increase in minutes. In no case will the increase in Prepaid Minutes exceed 100 percent in a calendar year. Payment Terms. The Agency will pay the fees listed in this SOW as follows. Tele -Works Terms are NET 30. •Tele -Works invoices for 100% of the following: alertworks One -Time Set-up Fee, First Year's Subscription Fees, and First Prepaid Minutes Package at the Notice -to -Proceed. •Tele -Works invoices for subsequent Annual Subscription Fees each year prior to the start of the Annual Term. •Tele -Works invoices for alertworks Minute Packages at the time a new Package is refilled. •Annual Fee Adjustment: Following the first year, all annual fees described in this SOW will be increased by 3% each year. General. Customer shall be solely responsible for, and Tele -Works is not liable for Customer's failure in, (a) properly configuring, developing, programming, hosting and operating its hardware, software, web sites, content and all applications, and their respective telephone and Internet connections, to allow access to and use of the Tele -Works Hosted Platform and Hosted Subscriber Services in accordance with the documentation provided by Tele -Works and all applicable protocols and requirements of the Tele -Works Hosted Platform and (b) providing any connections necessary to communicate with the Tele -Works Hosted Platform. Unauthorized Use. Customer will be responsible for, and shall pay any applicable fees associated with, any unauthorized use by Customer or Customer's end-users of the Hosted Subscriber Services, telephone numbers assigned to Customer, and Customer's account. In the event Customer becomes aware of such unauthorized use, Customer shall promptly notify Tele -Works, Tele -Works will issue to Customer, at Customer's request and expense, replacement telephone number(s) for use with the Hosted Subscriber Services. Support for Hosted Subscriber Services: During the Term, Tele -Works shall be responsible for providing support to Customer with regard to the Hosted Subscriber Services according to Tele -Works prevailing Product and Services Support Policy. Customer shall be responsible for providing support to its end users with regard to the Hosted Subscriber Services. Tele -Works reserves the right to discontinue provision of support and maintenance on Products and Services according to the termination clause in this Agreement. Network Traffic. Customer acknowledges that Tele -Works is providing a hosted service, which means that customer content and data will pass through hosted Tele -Works' servers that are not segregated or in a separate physical location from servers on which the content of other third parties is or will be transmitted or stored. Content. Customer is and shall be solely responsible for the creation, editorial content, control, and all other aspects of content. Customer represents and warrants that Customer has obtained (or will obtain, prior to transmission) all authorizations and permissions required to use and transmit the content over the Tele -Works Hosted Platform as part of the Hosted Subscriber Services. No Harmful Code. Customer represents and warrants to Tele -Works and its suppliers that no content shall be knowingly transmitted by Customer or end users through the Tele -Works Hosted Platform containing any program, routine or device which is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, including without limitation, any 'time bomb', virus, drop dead device, malicious logic, worm, Trojan horse or trap or back door (collectively "Harmful Code"). Critical Applications. Customer acknowledges and agrees that the Products and Services are not designed, intended, authorized or warranted to be suitable for hosting life-support applications or other critical applications where the failure or potential failure of the Products and Services can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support systems, delays in getting medical care or other emergency services, and Customer assumes all risk arising out of such use and shall indemnify Tele -Works and its suppliers for damages and expenses (including legal fees) arising out of same. EMERGENCY USES. IF THE PRODUCTS AND SERVICES ARE USED IN EMERGENCY SITUATIONS FOR OUTBOUND NOTIFICATIONS, THEN THE PRODUCTS AND SERVICES ARE INTENDED TO ONLY INCREASE THE NOTICE WHICH WILL BE GIVEN. THERE IS AND CANNOT BE ANY GUARANTEE THAT ALL PERSONS INTENDED TO BE CONTACTED WILL BE CONTACTED. TELE -WORKS ACCEPTS NO RESPONSIBILITY FOR ANY FAILURE OF THE PRODUCTS AND SERVICES TO CONTACT ANY PERSON(S) AND IS NOT RESPONSIBLE FOR ANY DAMAGE OR INJURY WHICH RESULTS FROM ANY FAILURE TO CONTACT ANYONE LIMITATION OF LIABILITY. IN NO EVENT SHALL TELE -WORKS' LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF FEES PAID BY CUSTOMER FOR THE PRODUCTS AND SERVICES GIVING RISE TO THE LIABILITY DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO INSTANCE SHALL TELE -WORKS' SUPPLIERS BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES. Force Maieure. Except for Customer's obligations to pay money, neither party shall be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, earthquakes, strikes, war, crime, terrorism, shortages of materials, internet, power or telecommunications failures, etc. DISCLAIMER. TELE -WORKS DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES SHALL MEET ALL OF CUSTOMER'S REQUIREMENTS, OR THAT THE USE OF THE PRODUCTS AND SERVICES SHALL BE UNINTERRUPTED OR ERROR -FREE. PRODUCT AND SERVICES ARE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. TELE -WORKS MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATING TO THE Round Rock TX SOW7172a Departmental Hosted alertworks 8-6-10.doc Page 2 of 3 PRODUCTS AND SERVICES OR ANY OTHER MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TELE -WORKS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT. Please return two signed copies of this agreement to Tele -Works at the address below. We will return a countersigned origina or your records. Agency Signature Date 221 E. AAA( NSTREET •, {L p.� ACjA�IuKt bit 0ek l?ovu..41 2-0Gl TV. g496if Agency Billing Address Round Rock TX SOW7172a Departmental Hosted alertworks 8-6-10.doc -Works Signature PO Box M Blacksburg, VA 24060 3 (2}/zdt Date Page 3 of 3