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Ordinance 4374
ORDINANCE NO. 4374 AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING REQUIREMENTS AND TO APPROVE A CONTRACTUAL AGREEMENT WITH TELE-WORKS, INC. IN THE AMOUNT OF $96,994.00 TO PURCHASE AN AUTOMATED CITIZEN INFORMATION SYSTEM AND A PREPAID TWO YEAR EXTENDED MAINTENANCE AGREEMENT IN THE AMOUNT OF $21,100.00 WHEREAS, the City of Fayetteville sent out Requests For Information (RFI) concerning an automated citizen information system on January 11, 2002, and advertised this RFI in the Arkansas Democrat-Gazette on January 13, 2002; and WHEREAS, only Tele-works, Inc. responded with a proposal that met all specifications required in the RFI so that it was the only responding source for this required service and system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby determines that this is an exceptional circumstance in which normal competitive bidding is not feasible or practical in that Tele-Works, Inc. is the sole source for the automated citizen information system with all specifications needed by the City . Therefore, the City Council hereby waives the normal competitive bidding requirements and agrees to the Contractual Agreement with Tele-Works, Inc. attached as Exhibit A which includes both purchase 4 Ord . 4374 of this system and two years extended maintenance agreement at a total price of $118,094.00 (which includes a contingent amount of $8,818 .00) . Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Coody to sign this Contractual Agreement. PASSED and APPROVED this the 5th day of March, 2002. APPROVED: By: & 6�� DAN COODY, yor AI yr Y, ` z Glier Woodruff, City Jerk � . r 0 r NAME OF FILE: Ordinance No. 4374 CROSS REFERENCE: 03/05/02 Ordinance No. 4374 03/05/02 Contractual Agreement with Tele-Works, Inc. to purchase an automated citizen information system. 02/ 12/02 Memo to Fayetteville City Council thru Mayor Coody, Gary Dumas, General Services Director, from Sharon Crosson, Telecommunications Manager, regarding a request for approval of bid waiver and contract award to Tele-Works, Inc. Appendix A (Tele-Works Overview and System Description) Appendix B (Schematic ofACCeS Project) Appendix C (Sole Source Information/Justification) Appendix D (Project Pricing Summary) Appendix E (Contract(s) 02/ 15/02 Copy of Purchase Requisition ($79,076.44)(Automated Citizen Information System) 02/15/02 Copy of Purchase Requisition ($21 , 100.00)(2-Year Maintenance Contract) 03/05/02 Staff Review Form 03/07/02 Memo to Sharon Crosson, Telecommunications Manager, from Heather Woodruff, City Clerk NOTES : C � Ra . 0107./ CONTRACTUAL AGREEMENT To Furnish Engineering. Consulting, Installation Services and Hardware and Software to The City of Fayetteville for Tele-Works Voice Response Development for Integrated Voice and Web Application THIS AGREEMENT, made and entered into this - Loo;L his - 002 between the City of Fayetteville, hereinafter called the "City", and Tele-Works, lncorpo a d, hereinafter called the "Consultant" as follows: WHEREAS, the City wishes to suitably and responsibly implement an interactive telephone and transactional web service which will allow citizens to interact with dynamic, data-driven web services through standard touchtone telephones and PC/browsers: and WHEREAS, the City desires to engage the Consultant to render the professional and technical services (collectively referred to as "Services") and provide hardware, software and other materials (collectively referred to as "Products") as described in this Agreement and the Consultant is qualified and willing to perform such Services and provide such Products; and WHEREAS, sufficient authority exists in law and sufficient funds have been budgeted for these purposes and are available and other necessary approvals have been obtained; NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the City and the Consultant agree as follows: I. THE PROJECT The Project consists of: Programming and Development fora Tele-Works Voice Response Application which will reside at the City of Fayetteville to be made available to customers via the telephone and web browser. ll. CONSULTANTS RESPONSIBILITIES The Consultant will perform Services and provide Products to include: A. The professional and technical services and assistance; and B. All necessary hardware, software, services and other materials for the implementation of the public service described herein and as specified in Attachment A: Scope of Work incorporated herein by reference. III. CONSULTANT'S FEE & PAYMENT TERMS As compensation for all Services and Products described in this Agreement, the Consultant shall be paid a fee of $75, 150 which shall constitute full and complete payment for said Services, Products, and other expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. Payment terms are associated with Project events as detailed in Attachment B: ACIS/TVR Primary Task List and Timetable incorporated herein by reference. 1 0 0 Compensation will be paid to the Consultant according to the following terms: • 35% upon Notice to Proceed/Contract Signing/at issuance of Purchase Order • 55% upon Installation and Training • 10% upon the earlier of Completion of the Consultant's responsibilities under this Agreement or one-year from the date of the Agreement when the City fails to perform its obligations in accordance with the timeline outlined in Attachment B. IV. COMMENCEMENT & COMPLETION OF SERVICES The Consultant understands and agrees that time is an essential requirement of this Agreement. The Services and Products shall be completed and provided in accordance with the task list and schedule detailed in Attachment B. In any event, afterthe Consultant receives notice to proceed, any failing on the part of the City to adequately provide for responsibilities documented in Attachment B that adversely affects the Project timeline or creates delays forthe Consultant and are beyond the control of the Consultant, will not affect Project associated payment terms. Neither party will be liable for any failure or delay in the performance of its obligations under this Agreement (and the failure or delay will not be deemed a default of this Agreement or grounds for termination) if both of the following conditions are satisfied: (1 ) the failure or delay could not have been prevented by reasonable precautions, and cannot reasonably be circumvented by the nonperforming party through the use of alternate sources, work-around plans, or other means; and (2) the failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, court order, or other circumstances beyond the nonperforming party's control (excluding acts of omissions of the nonperforming party's vendors or subcontractors). V. TERMINATION A. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party in the event of a material default by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. B. This Agreement may be terminated by the City for its convenience upon thirty (30) days prior written notice to the Consultant. C. In the event of termination as provided in this Article, the City shall pay the Consultant in full for Services performed and Products up to and including the termination date and for Services performed and Products provided from the date of notice of termination plus any Services or Products the City deems necessary during the notice period. Said compensation shall be paid upon the Consultant's delivering or otherwise making available to the City all data, schematics, specifications, reports, estimates, summaries and such other information and materials (collectively referred to as "Project Documentation") as may have been accumulated by the Consultant in performing the Services or Products included in this Agreement, whether completed or in progress. 2 VI. INSURANCE During the course of the Project, the Consultant shall maintain Worker's Compensation Insurance in accordance with the Worker's Compensation laws of the State of Virginia, and Comprehensive General Liability of $4,000,000 aggregate/$2,000,000 per occurrence. The City will be an additional insured under the Consultant's Comprehensive General Liability coverages. If requested by the City, the Consultant shall provide proof of insurance with certificates, naming City as additionally insured, of insurance to the City indicating compliance with this paragraph. VII . EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, sexual orientation, national origin, or disability. Such actions shall include, but not be limited to the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. VIII. PROHIBITED INTEREST A. The Consultant agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its responsibilities hereunder. The Consultant further agrees that in the performance of the Agreement, no person having any such interests shall be employed. B. No official or employee of the City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. IX. GENERAL PROVISIONS A. Independent Contractor. In the performance of this Agreement, the Consultant shall act as an independent contractor and not as agent of the City except to the extent the Consultant is specifically authorized to act as agent of the City. B. Books and Records. The Consultant's books and records with respect to the Services and Products and reimbursable costs shall be kept in accordance with recognized accounting principles and practices, consistently applied, and will be made available forthe City's inspection at all reasonable times at the places where the same may be kept. The Consultant shall not be required to retain such books and records for more than three (3) years after completion of the Project. C. Ownership of Proiect Documentation. All plans, schematics, specifications and the like relating to the Project shall be the joint property of the City and Consultant. Upon completion of the Project, or at such other time as the City may require, the Consultant shall deliver to the City any Project Documentation and additional copies thereof as the City may request, correct as of the date of the request or the completion of the Project. D. Responsibility; Liabili . 1 . Professional Liability. The Consultant shall exercise in its completion of the Project the standard of care normally exercised by nationally recognized businesses engaged in performing comparable services. The Consultant shall be liable to the City for any loss, damages or costs incurred by the City for the repair, replacement or correction of any part of the Project which is 3 0 0 deficient or defective as a result of any failure of the Consultant to comply with this standard. 2. Indemnification. The Consultant shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attomeys' fees, arising out of or resulting from the performance of the Project, provided that any such claim, damage, loss or expense (1 ) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Project itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Consultant, any subcontractor of the Consultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them maybe liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph D.2. In any and all claims against the City or any of its agents or employees by any employee of the Consultant, any subcontractor of the Consultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph D.2 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any subcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts. In the event it becomes necessary for the City to bring an action to enforce any provision of this Agreement or to recover any damages the City may incur as a result of the breach of this Agreement, including, but not limited to defective work, and the City prevails in such litigation, the Consultant shall pay the City its reasonable attorney fees as determined by the Court. E. Communications. All communications relating to the day-today activities for the Project shall be exchanged between the respective Project representatives of the City and the Consultant who will be designated by the parties promptly upon commencement of the Project. All other written notices required or permitted hereunder shall be delivered personally to the respective representatives of the City and the Consultant set forth below or shall be mailed by certified mail, postage prepaid, return receipt requested, or a nationally recognized overnight courier to the parties at their addresses shown herein. Notices hereunder shall be effective ten (10) days after mailing. F. Warran Consultant shall warrant its Services and Products and shall provide maintenance as described in Attachment D: Warranty and Maintenance Agreement incorporated herein by reference. G. Assignment. The Consultant shall not assign this Agreement in whole or in part, including the Consultant's right to receive compensation hereunder, without the priorwritten consent of the City; provided, however, that such consent shall not be unreasonably withheld with respect to assignments to the Consultant's affiliated or subsidiary companies, and provided, further, that any such assignment shall not relieve the Consultant of any of its obligations under this Agreement. This restriction on assignment includes, without limitation, assignment of the Consultant's right to payment to its surety or lender. H. Applicable Laws. This Agreement, and all questions concerning the execution, validity or invalidity, capacity of the parties, and the performance of this Agreement, shall be interpreted in all respects in accordance with the laws of the State of Arkansas. I. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations and 4 0 0 i letters of intent, whether written or oral, pertaining to the Services and Products of the Project. 5 0 0 TELE-WORKS, INCORPORATED THE CITY FAYETTEVILLE By: Chris Schellhammer C0QAY President 0 5baZ Date Date ADDRESS: ADDRESS: 210 Prices Fork Road, Suite C City of Fayetteville P.O. Box M Blacksburg, VA 24063-1027 Fayetteville, AR 72701 ATTEST: ATTEST: µ 'l (Print/Type Name & Title) (Print/Type Name & I itle) _ APPROVED AS TO LEGAL FORM By Title 6 • 0 TELE-WORKS, INC: WARRANTY & MAINTENANCE AGREEMENT DOLLAR AMOUNT: $ 20,000 START DATE: END DATE: AGENCY NAME: The City of Fayetteville STATE: AR This Warranty and Maintenance Agreement (Agreement) covers the following terms and conditions for a period of one year from the time the products and services are first installed (Warranty) or for the contracted period defined above (Maintenance). Tele-Works, Incorporated, (Warrantor) 210 Prices Fork Road, Suite C, P.O. Box 663, Blacksburg, VA 24063, warrants to the City of Fayetteville (Warrantee) that the products and services provided to the Warrantee pursuant to any agreement for the Tele-Works Automated Citizens Information System (ACIS) and/or Tele-Works Voice Response (TVR), to include all hardware and software, shall be free of defects, be in a merchantable condition, and operate in conformance to industry standards for the type of goods and services provided. In the event of a defect, malfunction, or other failure of the product not caused by any misuse or damage to the product while in the possession of the Warrantee, or not caused by changes to database structure, technical configuration or operations of the Warrantee, Warrantor shall repair or replace such product within a reasonable time of notice of such problem, all at Warrantor's sole cost and expense. This warranty specifically covers parts, labor, and service. 1 . Warrantor will provide telephone technical support Monday-Friday from 8:30 am to 6:00 pm EST to diagnose problems with the warranted system. Warrantor recognizes most Federal holidays. 2. Warrantor will replace defective components of the warranted system. If a complete system is necessary, Warrantor will ship a replacement within 3 business days of receiving the streaming tape backup and damaged system. Warrantor will provide these replacements at no cost to the Warrantee except where damage has been caused by fire, flood, lightning or other catastrophic event, natural disaster, act of God, act of war or terrorism, riot, civil disorder, rebellion or revolution, court order, or other circumstances beyond the Warrantor's control. If the damage is the result of any of these listed causes, Warrantor responsibility will be limited to temporary replacement of defective items (not to exceed 30 days) or permanent replacement at a charge to the Warrantee not to exceed Warrantor's cost of the items including shipping and reimbursement for any travel expenses incurred by Tele-Works employees. 3. The Warrantee is responsible for maintaining a current software/message backup using the streaming tape drive provided with the system. 4. Warrantor will offer free services during the period of time covered by this Agreement that include but are not limited to: a) free access to the on-line Customer Service Center, including the Scriptwarem template library; b) free Monthly Graphical Statistical Report and Evaluation; c) 1 free day of retraining for system administrator(s) when Tele-Works staff is in the immediate locale. 5. Warrantor will provide discounted pricing of certain applications and services during the period of time covered by this Agreement that includes but is not limited to: a) 25% discount for pre-developed application programs and port expansions and a 50% discount for recordings; b) discounted labor rates for site visits and customized programming performed on a contract basis. 6. The maintenance amount extends the first year warranty period and is _% of the base market price, plus any added applications. Applications purchased during any expiring year will result in an increase to the annual maintenance cost at the next renewal. For technical support to continue uninterrupted, this signed Agreement must be received along with payment or Purchase O r prior to the expir tion of t .existing Agreement. I, certify that The City Fayetteville (Signature of Oc 1) agrees to the terms described all Tele-Works, In r o ted, X1y: /q1 Signature Kl VhyZQ/ 611 Date � 02 ATTACHMENT A SCOPE OF WORK PRODUCTS, SERVICES & OPTIONS SPECIFICATIONS LISTING FOR THE CITY OF FAYETTEVILLE 4-PORT HARDWARE, ACTS, TVR, and E-PAYMENT SOFTWARE AND SERVICES Introduction : The Products and Services described below will allow citizens of the City of Fayetteville ("City") to access pre-recorded answers to frequently asked questions and general City information via telephone, fax and the web. Additionally, the Products and Services will allow citizens of the City to access departmental data hosts for interactive and transactional voice and web services. Section 1 : Tele-Works Telephony Platform Server and Enterprise Software Section 2: Automated Citizen Information System ("ACIS") and Services Section 3: Tele-Works Voice Response ("TVR") Application Development Section 4: Utility Billing TVR Application Development Section 5: Building Inspections TVR Application Development Section 6: Services and Warranty Invoices and deliverables are provided according to the accompanying Task List and Timetable (Attachment B). As the entire scope of this project includes multiple departmental and enterprise level solutions, application development and deliverables will be decided by the City in cooperation with Tele-Works. Each application diagram for TVR Application Development is subject to final approval by the City prior to application development. Tele-Works will provide a one-year warranty on all parts and labor and extended warranty (maintenance agreement) as described under Attachment D. Tele-Works will provide complete installation and training associated with each aspect of this Scope of Work. Section 1 : Tele-Works Telephony Platform Server and Enterprise Software Hardware: The physical dimensions, operating environment and the exact specifications of the server platform are described in Exhibit A. 1 . These specifications are subject to change to provide the most up-to-date configuration for the City. The system shall operate in a normal office environment, use standard telephone and network connections, and shall operate in a stand- alone rack mountable or desktop chassis. The specified platform will be delivered with 4-Ports of public access capacity. The specifications can be expanded as specified per the City's request for additional access capacity and performance. Software: 1 . Automated Citizens Information System ("ACIS") enterprise software version 4.x allows: Public access and interaction via touchtone telephones • Fax documents to accompany the pre-recorded audio information • Emergency Services Message function • Statistical capabilities • Expansion capabilities • All required system administrator functions via i. The platform workstation ii. Standard touchtone telephones iii. Fax machines iv. Networked workstations (with pcAnywhere client) 2. Tele-Works Voice Response ("TVR") Software - 4-Port License allows callers on every port of the system to interact with telephony compliant web applications, termed "TVR Application" and specified under subsequent sections. The City is required to sign the Tele-Works, Inc. License Agreement provided in Attachment C. TVR licensing provides four (4) concurrent text-to-speech instances for which the City is required to sign the DECtalk Text-to-Speech Software end user agreement provided in Attachment E. This provides the Web-to-Voice functionality for any web-based information that is not recorded in natural voice. 3. E-Payment Module — One user license allows e-Commerce and Payment Processing capabilities for all transactional web applications, termed "TVR Application" and specified under subsequent sections. This module is responsible for secure transactions, account verification, and the authorization of payments from customer cardholder financial institutions. Payment amounts will be reserved for the City upon authorization of payment, and will be transferred in batch processes from cardholder accounts to the City's Merchant Account(s). Simultaneously, upon verification and transaction authorization, a confirmation or transaction number is provided to the customer. Payment information will be routed back through the application to be posted to the appropriate data host(s) as specified in the corresponding TVR application(s). 4. Print Capture — Converts any digital document into the proper digital fax format for the ACIS. The document may then be moved over the City's network to the ACIS or copied via diskette. Note: Includes 10 user licenses. 5. Call-Out — Performs Outbound Calling in either an Emergency situation or to survey citizens. 6. Call Transfer — Allows the caller to transfer to an internal or external phone extension. 7. Fax Broadcast — Allows system administrators to create or import a directory of fax numbers to transmit an outbound fax to an unlimited number of list members. 8. Enhanced CRM (e-CRM) — Allows caller to be prompted up to 9 times to leave specific information concerning an issue or problem. The verbal response messages are automatically converted into an email attachment and sent to the designated staff member. Section 2: Automated Citizen Information System Services: The Automated Citizen Information System (ACIS) described will allow citizens of the Cityto access pre-recorded answers to frequently asked questions and general City information via telephone, fax and Web as diagramed in Exhibit A.2. Several services are included with this module to facilitate this public service: 1. Content Development Tools: Online Customer Service Center/Scriptware© • Tele-Works will provide the City with Unlimited Scriptware© message template selections from Tele-Works On -Line Customer Service Center and Scriptware© catalog of over 800 choices ranging from Animals to Zoning. 2. Professional Recording Services (250 included): Additional available at $10 each. • Tele-Works will provide 250 professional recordings of developed messages. Tele-Works will also publish the customized content to be recorded, in a web -ready HTML format. 3. Marketing Plan with Camera Ready Brochure and Web Ready Brochure (PDF) • Tele-Works will provide a camera-ready brochure. The City will be responsible for printing and distribution of the brochure. The completed camera-ready brochure will be available on-line as a downloadable PDF document. Tele-Works will provide a comprehensive marketing program featuring successful strategies based on over 150 successfully installed ACIS systems nationwide. 4. WebWare©: Dynamic and Searchable presentment of system information Section 3: Tele-Works Voice Response ("TVR") Application Development Tele-Works will develop, using open programming and convergent TVR technology, the applications detailed in the following sections which are designed to provide dynamic and interactive information services via the telephone and in a web -based environment. Telephone users will use a touchtone telephone to access the application by dialing a local City phone number. Personal computer users will access the application by connecting to the Internet via an ISP and using a standard World Wide Web Browser interface (Netscape, Internet Explorer - 4.x version browsers or higher). For all applications, development is subject to the functional limitations and the contractual terms and conditions associated with database functionality, integration and/or use of any application programmers interface (API) software from the City's data vendor for each application Final application diagrams will be specified by Tele-Works in cooperation with the departments and Application Development will not commence until appropriate representatives of the City approve these diagrams. Payment applications will offer comprehensive and secure services utilizing Secure Socket Layer (SSL) encryption and a digital certificates (VeriSign) for which the City is responsible by executing functions on a City maintained server, within a secure network environment provided and maintained by the City. The application will integrate with the City's back -office data solutions via a City provided and maintained middleware component. If the City currently maintains an SSL certificate on the appropriate server, no additional certificates would be required, however the City will be responsible for keeping this security certificate current. Section 4: Utility Billing TVR Application Development The Solution will provide a Utility Billing Application that will integrate with the City's Utility Database (New World Systems) via a City provided and maintained middleware component, such as an API. The primary purpose of the Utility Billing Application is to automate the access and payment processing of municipal utility services through a web and voice portal service. The application will be accessible via telephone and web and allow customers to access their personal utility account via a City provided data host in a secure City provided and maintained environment, utilizing Secure Socket Layer protocol. Section 5: Building Inspections TVR Application Development The Products and Services will provide a Building Inspection Application that will integrate with the City's database (Hansen Technology). The primary purpose of the Building Inspection Application is to provide the City's Building Inspection Department a service to automate communication regarding field inspections, scheduling, and processes. The application will allow customers, on a 24 hour, 7 day a week basis, to access building department information and schedule inspection services, schedule building inspections for valid building permits, cancel inspections, access inspection results, etc. Similarly, building officials will be able to access the system and update the inspection status, add comments, etc. Section 6: Services and Warranty Tele-Works will provide the City with the necessary services to comply completely and comprehensively deploy the intended services. Hardware and software configuration, installation, training and documentation are included. The one-year warranty and licensing covers all materials and labor, to include the integration with the City data hosts, but does not include services necessary due to changes to the host or any middleware component. The City is responsible forthe payment of maintenance fees for any data vendor APIs or integration procedures. After the first yearwarranty, the City may extend the warranty and licensing by purchasing an annual maintenance agreement. The cost for 3 years (including first year warranty period) maintenance will be calculated at 12% of the total market value (at the time of purchase) of the system, less installation fees. The multi -year year maintenance would be $20,000, based on the purchase price. A sample Maintenance Agreement is provided in Attachment D. If options are added, then the maintenance price is based on price of the base system, plus the price of the options at the time of purchase. If system options are procured incrementally, additional costs are not added to maintenance until the following term. ATTACHMENT B: TVR APPLICATION DEVELOPMENT PROJECT TIMELINE The complex nature of the Project dictates a coordinated timeline with required tasks completed sequentially by Tele-Works and the Government. Failure by either the Government or Tele-Works to complete a task and exceptions to the timeline can be expected to delay the timely finalization of the Project Milestone 1: Project Planning and Preparation 1. Government/Tele-Works prepare general Scope of Work and Price Quote. 2. Government/Tele-Works sign Contract; Government issue Purchase Order. 3. Tele-Works invoice 35% of Project Price Quote. 4. Government arrange for and purchase Application Programmer Interface (API)/data interface(s) required to access data. Note: If a custom interface is to be written by data vendor(s), Tele- Works will invoice a 10% retainer fee and reduce the invoice in Step 3 to 25%. 5. Tele-Works deliver detailed Scope of Work based on integration available from data host(s). 6. Tele-Works deliver sample call flows and illustrations on web and telephony application functionalities and processes. 7. Government remit initial 35% payment. 8. Government supplies secure test environment(s) to the data host(s); Tele-Works confirm connection to test environment(s) and assist in optional requirements below (if applicable). a. Optional — secure merchant account and payment processing services/provider b. Optional — obtain SSL Certificate Milestone 2: Project Schedule 1. Tele-Works determine that all steps in Milestone 1 are complete, enter application on development schedule and inform Government of Milestone 3 start date. Each application within a Project can be anticipated to have an individual development schedule. Milestone 3: Application Development Step A lication Develo ment' eacha lication Application Development Start - Estimated Time: 30 days • Tele-Works/Government: Launch application development, discuss installation Step 1 requirements/schedule. • Tele-Works: Integrate with Government test environment. Foundational Development - Estimated Time: 60 days Step 2 • Tele-Works: Develop application and configure system. • Government: Arrange for required infrastructure support. Installation, Continued Development and Testing — Estimated Time: 60 days • Tele-Works: Finalize application development. • Tele-Works: Deliver and install' system, on -site testing/training and documentation. Step 3 • Tele-Works: Invoice 55% of application development. • Tele-Works: Perform remote diagnostic testing. • Government: Submit initial change orders covered under Contract; Tele-Works provide quote for Change Orders not covered under Scope of Work. Application Finalization — Estimated Time: 30 days • Government: Test and/or submit changes covered under Contract. Step 4 • Tele-Works: Supply changes and invoice for Change Orders as applicable. • Government: Begin acceptance period — not to exceed 30 -days without cause. • Tele-Works/Government: Complete application acceptance and operational status. • Tele-Works: Invoice final 10% of application development 'Government must give 30 days notice of cancellation of a cooperatively scheduled install date to avoid the standard installation charge of $1,200. ►_7113&Ir_F9A4&1f:3i1117,1;k _1:W]44 �Ste'p �Automafed�,C-itiien�IriformationServiceS,{stem Approximate Time: 30 days Step 1 • Tele-Works: Notice to Proceed; Invoice for 35% of Total • Conduct Project Launch • Government: Access the CSC or consult Implementation Manual Approximate Time: 60-120 days • Government: Complete Scriptware© Selections and Customizations Step 2 • Government: Submit Customized Scriptware© for Professional Recording • Government: Arrange for phone -line installation; ready staff and system location • Tele-Works: System Configuration Approximate Time: 45 days • Tele-Works: Deliver and Install System and Documentation; Invoice for 55% of Total' Step 3 • Tele-Works: On -site Testing/Training • Tele-Works: Professional Recording Services • Tele-Works: Marketing Services Approximate Time: 30 days Step 4 • Tele-Works: Deliver all Content • Tele-Works: Deliver all Marketing • Government: Final Acceptance; Invoice final 10% of Total Tele-Works adherence to timelines depends on the timely completion of Government responsible task items. Task items that are not complete stops timeline progression for an equivalent time required to complete such task items and final project completion will reflect these delays accordingly. I The Government must cancel any installation arrangement with Tele-Works 30 days prior to the cooperatively scheduled installation date to avoid standard installation charges ($1,200). TELE-WORKS, INC. LICENSE AGREEMENT This License Agreement (the "Agreement") is made as of this A day of ____________,2002 (the "Effective Date"), by and between Tele-Works, Inc., a Virginia corporation with its principal place of business at 210 Prices Fork Road, Suite C, Blacksburg, Virginia 24060 (the "Licensor") and the City of Fayetteville with its principal place of business at 113 West Mountain St., Fayetteville, AR 72701(the "Licensee"). RECITALS WHEREAS, the Licensor has developed software which supports and runs Tele-Works applications that enable individuals to access e -government information and services via telephone and Internet; and WHEREAS, pursuant to the terms and conditions of this Agreement, the Licensee wishes to license the above -mentioned software in order to support and run Tele-Works applications, and the Licensor wishes to grant such license. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth in this Article 1: "Software" means (i) the compiled version of the following of the Licensor's software programs: Indicate selection + -Automated Citizens Information System SoftwareTM both parties initial selection-Tele-Works Voice Response SoftwareTM and (ii) the compiled version of any updates, modifications or revisions to such software programs that the Licensor provides to the Licensee. "Term" has the meaning given to that term in Section 7.1. 2. LICENSE GRANT. 2.1 Software License. Subject to all the terns and conditions of this Agreement and timely payment of any and all fees due to the Licensor under any project, purchase order or agreement between the parties hereto, all of which shall be subject to the provisions of this Agreement, the Licensor hereby grants a personal, non-exclusive, non -transferable, non- sublicensable license to the Licensee, for so long as this Agreement remains in effect, to use the Software for the limited purpose of supplying and running the Tele-Works applications that are the subject of projects, purchase orders and agreements between the parties hereto. The Licensee shall use the Software only for its own business purposes, by its authorized personnel. The Licensor reserves all rights not expressly granted herein. 2.2 Copyright. The Software is owned by the Licensor and is protected by United States copyright laws and applicable international treaties and/or conventions. The Software, and any and all modifications and improvements thereto and derivative works thereof, shall remain the exclusive property of the Licensor, and the Licensee shall have no right, title or interest therein whatsoever. 2.3 Prohibited Uses. Without the prior express written consent of the Licensor, the Licensee shall not and shall not allow any third party (by license agreement or otherwise) to, (a) take any action that would cause the loss or abandonment of the Licensor's proprietary rights in the Software; (b) resell, distribute, publicly display, transfer, rent, lease, lend, copy, modify, translate, enhance, time-share, license, sublicense, electronically transmit or prepare derivative works of the Software, in whole or in part; (c) disassemble, decompile or reverse engineer in any way, any of the Software; or (d) otherwise use in any way the Software, in any manner not expressly authorized by this Agreement. WARRANTIES. 3.1 Limited Warranty. (a) For a period of one (1) year after delivery of the Software to the Licensee (the "Warranty Period"), the Licensor warrants that the Software shall meet its specifications and function substantially in accordance with its documentation, as modified from time to time. If the Licensor breaches this warranty, it's sole obligation for breach of this warranty shall be to repair or replace the defective Software with one (1) copy of conforming Software within thirty (30) days of receipt of notice from the Licensee of a breach of this warranty provided such notification is given within the Warranty Period, and provided that the Licensee has applied all updates, modifications or revisions of the Software, if any, delivered by the Licensor to the Licensee. If the Licensor fails to repair or replace the defective Software as set forth above, the Licensee may terminate this Agreement and receive a refund of the amount paid by the Licensee to the Licensor for the license of the Software only. (b) The warranty set forth in Section 3.1(a) will be null and void upon modification of the Software by any party other than the Licensor and not approved in writing by the Licensor, or the Licensee's material breach of this Agreement. 3.2 Warranty Exclusions. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 3.1 OF THIS AGREEMENT, THE LICENSOR DOES NOT MAKE ANY, AND DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY USAGE OF TRADE OR COURSE OF DEALING INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A 92 • 0 PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON -INFRINGEMENT. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT. 4. EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY. IN NO INSTANCE SHALL THE LICENSOR BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, REVENUE OR PROFITS, OR ANY OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF THE LICENSOR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT MAY ANY ACTION BE BROUGHT AGAINST THE LICENSOR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, DETERMINED WITHOUT REGARD TO WHEN THE LICENSEE SHALL HAVE LEARNED OF THE DEFECT, INJURY OR LOSS. THE ENTIRE LIABILITY OF THE LICENSOR AND THE LICENSEE'S EXCLUSIVE REMEDY SHALL BE, IN THE LICENSOR'S SOLE DISCRETION, TO CORRECT PROBLEMS AND/OR ERRORS, OR TO REFUND THE AMOUNT PAID BY THE LICENSEE TO THE LICENSOR FOR THE LICENSE OF THE SOFTWARE UNDER THIS AGREEMENT AND TERMINATE THIS AGREEMENT. THE LICENSOR SHALL NOT IN ANY EVENT BE LIABLE FOR MORE THAN THE AMOUNT PAID BY THE LICENSEE TO THE LICENSOR FOR THE LICENSE OF THE SOFTWARE UNDER THIS AGREEMENT (WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS AGREEMENT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY). 5. RELATIONSHIP OF PARTIES. The Licensor is an independent contractor and nothing contained in this Agreement shall be construed to constitute either party as a partner, joint venturer, co-owner, employee, or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both the Licensor and the Licensee that each shall remain an independent contractor responsible for its own actions. 6. ASSIGNMENT. The Licensee shall not assign, transfer or otherwise dispose of this Agreement in whole or in part to any individual, corporation or other entity without the prior written consent of the Licensor. TERM OF AGREEMENT; TERMINATION. 7.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force and effect subject to earlier termination pursuant to this Article 7. 7.2 Event of Termination. Either party may terminate this Agreement if the other party commits a breach of this Agreement and does not cure such breach within thirty (30) days after receipt of written notice given by the other party. 7.3 Rights Upon Termination. Upon termination of this Agreement pursuant to this Article 7, all further rights and obligations of the parties shall cease, except that the parties shall not be relieved of (i) their respective obligations to pay any moneys due or which become due as of or subsequent to the date of termination, and (ii) any other respective rights and obligations under Articles 3 and 4, and Sections 2.2, 2.3, 7.3, 8.3 and 8.6. 8. MISCELLANEOUS. 8.1 Force Majeure. If the performance of any obligation (other than payment and confidentiality obligations) under this Agreement is prevented, restricted or interfered with by reason of war, revolution, civil commotion, acts of public enemies, blockade, embargo, strikes, outage of the Internet, law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Section 8.1, which is beyond the reasonable control of the party affected, then the party so affected shall, upon giving prior written notice to the other party, be excused from such performance to the extent of such prevention, restriction, or interference, provided that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all previous negotiations, agreements and commitments with respect thereto, and shall not be released, discharged, changed or modified in any manner except by instruments signed by duly authorized officers or representatives of each of the parties hereto. No course of prior dealing between the parties and no usage of the trade shall be relevant to supplement or explain any term used herein. Acceptance or acquiescence in a course of performance rendered hereunder shall not be relevant to determine the meaning of these terms and conditions even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any project, purchase order or agreement between the parties, the terms and conditions of this Agreement shall control. 8.3 Applicable Law. Any claim or controversy relating in any way to this Agreement shall be governed and interpreted exclusively in accordance with the laws of the State of Arkansas and the United States without regard to the United Nations Convention on Contracts for the International Sale of Goods. This Agreement shall be deemed to have been made in, and 4 shall be construed under, the internal laws of the Commonwealth of Virginia, without regard to the principles of conflicts of laws thereof and the United Nations Convention on Contracts for the International Sale of Goods. Any mediation in connection with this Agreement shall be conducted in the State of Arkansas. In addition, the Licensor and the Licensee acknowledge and agree that the state and federal courts located in the State of Arkansas, United States of America shall have exclusive jurisdiction in any action or proceedings with respect to this Agreement. 8.4 Partial Illegality. If any provision of this Agreement or the application thereof to any party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event, the parties shall use their best efforts to replace the invalid or unenforceable provisions by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision. 8.5 Waiver of Compliance. Any failure by any party hereto to enforce at any time any term or condition under this Agreement shall not be considered a waiver of that party's right thereafter to enforce each and every item and condition of this Agreement. 8.6 Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be sent to the respective parties at the addresses set forth below in the signature section, or to such other addresses as may be designated by the parties in writing from time to time in accordance with this Section 8.6, by registered or certified air mail, postage prepaid, or by express courier service, service fee prepaid, or by telefax with a hard copy to follow via air mail or express courier service in accordance with this Section 8.6. All notices shall be deemed received (i) if given by hand, immediately, (ii) if given by air mail, five (5) business days after posting, (iii) if given by express courier service, three (3) business days after delivery to courier service, or (iv) if given by telefax, upon receipt thereof by the recipient's telefax machine as indicated either in the sender's identification line produced by the recipient's telefax machine or in the sender's transmission confirmation report as produced electronically by the sender's telefax machine. 8.7 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives as of the Effective Date. TELE-WORKS, INC. By: Name: Chris Schellhammer Title: President Contact Information: Tele-Works, Inc. 210 Prices Fork Road, Suite C Blacksburg, Virginia 24060 Facsimile No: (540) 951-4016 Attn: Joan C. Nelson ATTEST: ` — eat L 4MEL[.<l+-- S}t-95 MAtJ46t1, (Print/Type Name & Title) THE CITY OF FAYETTEVILLE a: . - w Contact Information: The City of Fayetteville Facsimile No: ti - 6 -' (Price , ype' Name & Title) 0 ATTACHMENT E: DECtalk END USER AGREEMENT This END USER AGREEMENT, effective,/,%e11.5,690,, , is entered into by and between Tele-Works, Inc. ("TW") and The City oFayetteville ("The City"). WHEREAS, TW has entered into Runtime License Agreement #QR-CLAM3-34 between Tele-Works, Inc. and Fonix Corporation (FONIX), whereby TW has a nonexclusive right to copy and use DECtalk Software for use as a runtime component of TW's internally developed applications requiring text -to -speech synthesis technology; and WHEREAS, FONIX has granted TW the license to distribute copies of DECtalk Software directly to END USERS provided each END USER enters into an END USER AGREEMENT; NOW THEREFORE, TW and The City agree as follows: Article 1 — Definitions As used in this Agreement, the following terms shall have the meanings set forth below: 1.01 RUNTIME SOFTWARE shall mean Version 4.51 of DECtalk Software for the Windows 95/98/NT/WIN2K operating system, including any commercially released upgrades which FONIX may distribute to TW pursuant to this Agreement. 1.02 END USER shall mean a third party authorized by TW to use DECtalk technology solely as a component of TW APPLICATIONS and only for The City's own internal operation with no right to distribute to others. 1.03 END USER AGREEMENT shall mean the Agreement between TW and The City which incorporates all the requirements of Article 2. 1.04 TW APPLICATIONS shall mean only those applications specified in Runtime License Agreement #QR-CLAM3-34. 1.05 DECtalk TECHNOLOGY shall mean RUNTIME SOFTWARE. Article 2 — End User Agreements 2.01 The City is prohibited from using DECtalk TECHNOLOGY for any purpose other than solely as a component of TW APPLICATIONS. 2.02 The City is prohibited from copying TW APPLICATIONS except as may allowed by TW for archival use 2.03 The City is prohibited from reverse engineering, reverse compilation, disassembly or decomposition of the RUNTIME SOFTWARE contained in TW APPLICATIONS. 2.04 Ownership and title of the RUNTIME SOFTWARE contained in TW APPLICATIONS does not pass to The City, but shall at all times remain with FONIX. 2.05 FONIX is not liable for any damages, whether direct, indirect, incidental, special or consequential arising from the use of TW APPLICATIONS. 2.06 At the termination or expiration of the END USER AGREEMENT, The City will discontinue use and destroy or return to TW all TW APPLICATIONS and all archival or other copies of TW APPLICATIONS that contain any part of DECtalk TECHNOLOGY. 2.07 The City has no right to transfer or distribute TW APPLICATIONS to others. Article 3 —Term and Termination 3.01 This END USER AGREEMENT shall remain in effect until terminated by TW or The City by providing thirty days written notice to the other party. 3.02 Under the terms of Runtime License Agreement #QR-CLAM3-34, termination of that Agreement shall not affect existing installations of RUNTIME SOFTWARE in operation. IN WITNESS WHEREOF, each party hereto has as of the above date caused this END USER AGREEMENT to be signed by its duly authorized representative. TELE-WORKS, INC . ►s - " •.� (Print/Type Name & Title) Title 'M Date P�FfSY" • ` 1 A J n '(Prnt/Type, Name & Title) Dimensions (WXDXH): 19'x20k7" 4829mo60&mxi77.&rnt Mounting: Tabletop or relay rack, slide rails for cabinet mounting available by request General Description Tele-Works systems feature passive backplane chassis architecture with rack -mountable options, shock -resistant drive cages, increased cooling systems, and fault resilient features that support telephony applications and continual operation. The heavy-duty steel construction encloses industrial grade components and non-proprietary devices to ensure top quality and upgrade part availability. The passive backplane design permits optimal system configuration and upgrades. • 4U industrial grade chassis • Two (2) 40GB 7200RPM IDE • 14 slot backplane w/ 12 PCI, hard disk drives (500+ hours 1 ISA & 2CPU slots of voice storage, 9,000+ • Redundant 2 x 300W AT( pages of fax documents) hot -swap power supply • Ultra ATA1100 EIDE RAID • PICMG socket 370 Pill SBC, controller w/ 2 hot swap drive VIA Apollo Pro 133A chipset chassis (mirrors activity on • Onboard 8MB video SDRAM both hard drives for AGP — ATI Rage Pro increased fault tolerance) • Onboard 10/100 Base -T • EZDrive - CD-ROM/floppy Ethernet UTP drive combo • 1 GHz Intel Pentium III CPU w/ • 10/20 GB TRAVAN TR5 133FSB and 256K Cache EIDE internal tape drive • 512 MB Dimm SDRAM PC133, ECC Note: Tele-Works is not responsible for network setup or any problems associated with the customer's network or the Tele-Works system as a result of network based problems. Operating Temperature: Exact Voice/Fax Boards are based on final configuration. Please 0 C (32F) to 50 C (122 F) contact Tele-Works for additional configuration details. Relative Humidity: • Dialogic D/4PCI 4 -port analog voice board (RJ1 1 interface) 5% to 95%, non -condensing • Dialogic D/160SC-LS 16 -port analog voice board (DB-37 or RJ11 breakout box interface) Power Requirement: • Dialogic D/240SC-TI 24 -port digital voice board (RJ45 interface)' One standard 120V, 60Hz • Dialogic GammaLink CPi/200 2 -port analog fax board (RJ1 1 outlet interface) 'Digital Line Service Requirement: ISDN PRI or similar • PS/2 Keyboard • PS/2 Mouse • Inkjet Printer • 15Color Monitor • Uninterruptible Power Supply • All interface cables (15 feet for phone connections, 5 feet for peripherals) • Microsoft Windows 2000 Server, 5 CAL • Symantec pcAnywhere 10.0 • Tele-Works ACIS/fVR Line Monitor 4.x • Tele-Works Fax Server 4.x • Tele-Works Administration Utility 4.x • Dialogic DNA 3.3 Drivers Tele-Works, Inc. P.O. Box 663 TEL. 540-953-2631 twmain@tele-works.com Blacksburg, VA24063-0663 FAX. 540-9514016 http:/hvww.tele-works.coml • 0 Automated Citizen Information System Exhibit A.2 Web Flow - Standards & Options Standard Public Displays URL Access i.e. http://www.tele-works.com/htbin/webware/default.asp?agency= agencyname_agencytype ;Main Page Display Note: Information for web display is dynamically drawn from the a riate Customer Service Center • Search Engineappropriate i• Categorical Usting/Unks account. Message Usting/Unks I• Message Content • Navigational Unks `-------------. --.--.--.--.--.............................................. --. r Search Display Search Methods: Message Number Message Text (keyword) Search Results - Display: Category Unk Message Link Search Selections Original Search Tenn highlighted in red • Incorporation of home site design included • Search Engine Included • Hosting Included • PDF version of brochure included • Font and Color preferences Optional Presentment Services • Framed Page Presentment • Search Engine Removed • Alphabetically or Numerically Organized Content www.tele-works.com Customer Service Center agencyname_agency type • Message Selection i• Custimization '• Submission Requests I. Search Methods L-xetpsriarnrars-•--.' Ids Ftla/, Noerrta30.2001 E Automated Citizen Information System Call Flow - Standards & Options Standard: One phone number is used by the public to access system information Option: ACIS compatibility with TDDs is attained via a dedicated number and is limited to the standards on this page. Message Repository Message Input: Please enter your Message Selection Found? ']67Jbt`2y'.a- At this time, you may enter another message selection Invalid Message Number. Try Again. n Optional: Message attributes Standard: Four (4) Message accesses per call. Td.W 1a. It. -Pray% y &YJ coildatlal- 2c/5 ea a�wz raa,-,nw.me>aq ant Automated Citizen Information System Call Flow - Optional Message Attributes (FAX) n Would you like to Note: Fax functionality is receive the document standard associated with this message? Yes -1 No, (new message) -2 i please enter your or hang-up to exit. fax number now The fax will be delivered shortly Return to Message Input Call Flow - Optional Message Attributes (Transfer) Option: Transfer can be toggled to "supeM5ed" to allow We assistance only, or unsupervised for "blind" transfer (i.e. Voice Mail) A Would you like to be l� Transfer to transferred? designated CSR Yes -1 No, (new message) -2 or hang-up to exit. Return to Message Input Cr Not Successful (no answer) (busy) Completed Transfer -drop call - Party not TS -Wale, Yc -PP pWy at Cat ertl- 3 cl5 Ettt A2 FIST/, W.wEa3D,]etlt i Automated Citizen Information System Call Flow - Optional Message Attributes (CRM) Note: CRM functionality is optional and can have standard telephone administration retrieval or upgraded for voice e-mail dissemination. Optional Instnrctions Prompt Question: 'What is Your Name? Post Prompt Thank You for Participating" A Would you like to comment or participate? Yes -I 1 No, (new message) -2 or hang-up to exit. Return to Message Input Option: Either touch tone or verbal modes available. Option: A total of 9 Prompts are available. (Process will repeat for each prompt.) 'Record After the tone TdsWalgk - RmpiY y s Cost- 4d5 rx.nwz r+mr.rb.eroaso.am Automated Citizen Information System Call Flow - Administration Note: Standard system administration via the telephone is conducted through the same public access number. Fax telephone administration is conducted through a dedicated number. Greeting Enter System Systern Admin: Passcode Admin. or User Safety disconnect Database Gateway Codes stem UserPleasere-Enter Found? no Ye Administration Options: Note: Administration options and functionality is subject to the software options purchased and configured for the system. Administration Menu: • To update a voice or CRM message, press 1 • To update the preamble msg., press 2 • To record or delete the emergency msg., press 3 • To update a fax document, press 4 • For Call -Out administration, press 5 • For TVR administration, press 6 • For Fax Broadcast administration, press 7 • Otto exit admin. menu press the • key. Exit Tebwono.kn - Proprl(A aticoreieflIS 515 eaarnz pay • roenta 30. zam • Tele-Works Enhancing Communication Between To: The City of Fayetteville Sharon Crosson 113 West Mountain Street Fayetteville, AR 72701 Phone: 501-575-8277 From: Tele-Works, Incorporated Kara Shifflett P.O. Box 663 Blacksburg, VA 24060 Phone: 540-951-6468 Date: 2/20/02 REF: Tele-Works, Inc. Quotation # OF PAGES: 1 Tele-Works appreciates the opportunity to provide you with the following quotation. Please refer to the Terms and Conditions regarding your quote. The project quote below is for a with enhancements. system System Platform rassrve Datacpmne — uruusuidi'.raue V,nassis $ 12,000 • 4 -Port w/Fax-on-Demand and Call Transfer ACIS Module Includes: • Scriptware©/Custom Service Center $ 11,500 • Professional Recordings; WebWare© • Marketing Plan/Camera/Web-Ready Brochure Call -Out Performs Outbound Callina $2000 Fax Broadcast Disseminates fax documents to specific recipients $2,500 Print Capture Saves documents to the ACIS a faxable format $500 TVR Software Phone & Web integration (4 -ports) $11,500 TVR Application # 1 Building Inspection Application $ 15,000 TVR Application #2 Utility Billing Application $ 15,000 e -Payment Module e -Commerce & Payment Processing Functions $ 11,500 Installation & Training First visit at no charge, subsequent at $1,200 each 1Sr free First In State Discount 10% of total system cost - $8.350 Estimated Grand Total $75,150 Terms: 1) A (1) one-year warranty is included with this quoted system 2) This pricing is valid for the next 90 days; an LOI is required to extend this pricing 3) Payment terms are: 35% upon P.OJAward/Contract/Notice to Proceed 55% upon installation and training 10% upon final completion of project This quote represents a 'not-to-exceedquote. Tele-Works has received and evaluated your Scope of Work document and this quote includes all necessary materials and labor to effectively integrate the product with your back -office data host(s): New World & Hansen Technologies. However, this quote does not include Application Programmers Interface (API) kits and/or fees from New World & Hansen Technologies required to perform work. This API must be obtained directly from your database vendor and supplied to Tele-Works for the project to commence. NOTES: 1) Phone line installation or support costs are not included 2) Digital line configurations require ISDN PRI Support 3) Marketing Services (i.e. camera ready brochures) provided do not include production and distribution costs. FAYETTELE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN TO: Fayetteville City Council THRU: Mayor Dan Coody A Gary Dumas, General Services it ctq�� FROM: Sharon Crosson, Telecommunications Manager�j% " DATE: February 12, 2002 SUBJECT: Request for Approval of Bid Waiver and Contract Award to Tele-Works, Inc. Staff requests council approval for a bid waiver and contract award to Tele-Works, Inc. for an Automated Citizen Information System (ACIS). This system will allow the City of Fayetteville to "Better Inform and Better Serve" our citizens. The ACIS is a one -stop information shop for citizens and business owners to access commonly requested information on City programs and services 24 -hours a day. The following page describes the numerous functionalities of the system and how it will provide an invaluable service to our community. BID WAIVER - SOLE SOURCE VENDOR A Request for Information (RFI) was initiated on January 11, 2002. The RFI was mailed to representatives of Tele-Works, Selectron, and Frank Solutions. The RFI was also advertised on January 13, in the Arkansas Democrat Gazette. While, we received numerous inquiries on the project, only two responses were received at the opening date of January 25, 2002. The response received by Frank Solutions was not only incomplete, but they were not able to meet all of the specifications required in the RFI, namely the text -to -speech (TTS) functionality. An exemption from the formal bidding process is permitted when a written determination is made that there is only one source for the required commodity or service. This being the case, we request the requirements for the formal bidding process be waived. Additional sole source justification information is attached. TOTAL PROJECT PRICE The contract price is $75,150. An additional $13,026 is needed for application program interfaces (API) required for interfacing with New World Systems and Hansen Technologies; advertisement of the RFI; and sales tax applied to the system price. And finally, a 10% project contingency of $8,818 to cover any unforseen expenses and or additional trips required by Tele- Works to complete the implementation. The total requested amount to fund this project is 0 • $96,994. There is $97,000 budgeted in 2002 for the project. MULTI -YEAR MAINTENANCE COST Staff requests approval of an additional $21,100 for the purchase of a multi -year maintenance agreement. Although the first year following the purchase is covered by warranty, annual maintenance thereafter will cost 15% of the total system price ($83,500 pre -discounted price). If we purchase the extended agreement now for a 2 -year term, the maintenance cost will drop to 12%, a savings of $5,256. The $21,100 will be paid from pre -paid expense and will be budgeted in the respective years that the maintenance applies. Upon your approval of this contract, we will immediately begin implementation of the project. We hope to have the system up and running by the end of June. We are very excited about where we are headed toward providing excellent customer services to our citizenry. /slc Appendix A: Tele-works Overview and System Description Appendix B: Schematic of ACCeS Project Appendix C: Sole Source Information/Justification Appendix D: Project Pricing Summary Appendix E: Contract(s) APPENDIX A Tele-Works Overview and System Description TELE-WORKS OVERVIEW AND SYSTEM DESCRIPTION The Automated Citizen Information System The Automated Citizen Information System (ACIS) enhances communication with your citizens by making information readily accessible over the telephone. Answers to questions such as "Where do I send the water bill", "How can I apply for a building permit", or "How do I obtain the latest council agenda" are pre- recorded by our professionals or by your staff. This user-friendly and effective interface results in fewer complaints, better understanding and savings in staff time. As the logical first step in creating your virtual government, the Automated Citizen Information System is your government's foundation for future investment in voice and web technologies. The ACIS is a management tool designed to supplement your current customer service programs and is not expected to eliminate person -to -person contact. The system can be configured with call -transfer capability that shifts callers to an attendant. The call management function tracks the number of calls answered by the system, as well as how many times each message is selected. These statistics provide administrators with a historical record of system usage for reporting purposes. The ACIS resides on the Windows NT4.0 operating system, which offers stability, networking and the familiar, easy -to -use Graphical User Interface. System administrator functions can be performed from the ACIS station or networked within your agency. ACIS Turnkey Services • Message Development Tele-Works has developed over 1200 Scriptware© message templates that eliminate time spent by your staff composing and editing the content. The Scriptware© catalog is organized into various categories that speed up the selection process. Once your 300 messages are chosen, a fill -in - the -blank process facilitates the entry of data that is unique to your locality. The use of Scriptware© is optional, you can write your own text or combine Scriptware© messages with your own content. • Professional Recordings Tele-Works' experienced and widely used voice talents will record 250 messages selected by the government agency, and customize to include the specifics of the community. • Customer Service Center Tele-Works online service is a password protected web resource dedicated to the management of the ACIS. The service is database driven and provides detailed, user -specific status information for customer accounts. The CSC is available to ACIS customers under warranty or maintenance at no extra cost. Implementation Plan Tele-Works detailed agenda guides the ACIS project manager through the implementation process. The proven timetable assures that your installation is on schedule and customer service goals are met. Our ability to assist at every step of implementation, without additional charges, helps guarantee you a successful information system project. • Marketing Plan Our extensive manual emphasizes promotional plans proven effective by our current customers. • Brochure Development Our customer support team will custom design an eye-catching Camera Ready Brochure for you to use to promote the ACIS. • Monthly Statistics ACIS customers under warranty or maintenance can forward their month - end statistical reports to our Customer Support Center to be converted into graphical representations of the ACIS message accesses. • Web Development Our web development service places your ACTS marketing brochure on the web, coupled with a brochure homepage describing your ACIS service goals and links to and from the ACIS home page, brochure and your government's home page. Fax -on -Demand functionality The Automated Fax -on -Demand feature of the ACIS allows you to store over 9000 documents to be accessed by citizens via their fax machines. Your staff faxes the available documents into the system. The caller simply calls the system number, enters the message/document code and the document is faxed to them. The ACIS system size needed to effectively respond to your customers is based on population and your community would best be served with a 4 -line ACIS that includes the following. • Industrial grade backplane Pentium -based system • ACIS 4.x Software on WindowsTM NT • System boards and peripherals • Emergency Service Message • On -Site Training • Installation • Expansion Capabilities • One Year Comprehensive Warranty • All Turnkey Services s Call Transfer Functionality The Call Transfer function enables callers to request to speak to a customer service representative. The call will be transferred to the appropriate department based on the message they are listening to, thus eliminating indiscriminant transfers. WebWare© HTML Conversion Service The WebWare© conversion service enables you to duplicate your municipal information without duplicating the effort. Tele-Works converts all of your specialized messages (both customized Scriptware© and original scripts) into HTML format for publication on your web site. Please note: this service does not include graphics development. Tele-Works Voice Response The emergence of the Tele-Works Voice Response System (TVR) as our newest e -government solution enables local agencies to provide their citizens with easy access to information. The TVR system is being considered by cities and counties across the country who wish to make an investment in the future with e -commerce. TVR works in conjunction with the ACIS and makes it possible for your citizens or staff to complete transactions and queries through either the telephone or World Wide Web. Because the voice and web -enabled application is accessible over the phone, it effectively eliminates the need for a separate Interactive Voice Response (IVR) system and Transactional Web Site by providing one central transaction database. This convergence of Web and IVR allows transactional web pages to be accessed via the telephone by reading HTML code on the web server and converting it to voice. TVR functions can be used for phone, Web, or both at any time, and dramatically increase the worth and potential of ACTS, web, and e -commerce investment. Take a minute and preview our TVR demonstration to see and hear the benefits at: http://www.tele-works.com/demos.shtml Tele-Works offers the following standard registration and payment applications with the TVR system. Some local governments have requested comprehensive customization and special functionality for their transactional applications. To meet this need, Tele-Works provides consulting and turnkey custom development and because project size and scope varies significantly, these projects are priced individually. Tele-Works Voice Response This Proposal includes the following two applications: • Utility Bill Account Inquiry and Payment Processing • Building Inspection Status Inquiry and Scheduling C Applications that would be considered for future expansion: • Parks and Recreation Payment and Registration • District Court Fines/Tickets Inquiry and Payment Processing Citizens Response for Messages (CRM) This specialized programming can be activated on any ACIS message and allows callers to first hear a typical recording, then stay on the line to leave specific information for the applicable department, for example, Public Works "Pothole Hotline". CRM can prompt with up to 9 specific questions such as name, address, phone number and location of pothole. The caller gives audio or touchtone responses. The responses are retrievable from any touchtone phone allowing each department to call in at their convenience and access the data pertinent to them. e-CRM - Voice Email Functionality Voice Email is an application that allows callers to leave messages either at a single prompt, as Voice Mail, or in the CRM format described above. The recorded message is then forwarded to a pre-set email address in wave (. way) format. For example, a caller leaves a message about a pothole and the message is forwarded to the email of the Public Works director; the director will receive the message without needing to "check" a CRM mailbox each day. Please note: this application only works for agencies with a network and PC sound cards (i.e. "multimedia'). The ACIS sends the email over the network and the recipient must have a sound card to hear the message. Call-Out/Emergency Notification and Citizen Polling This specialized application allows your government to initiate outbound voice calls to lists of people in the event of an emergency or for routine notifications. Call -Out is a fail-safe method to quickly alert thousands of recipients regarding inclement weather conditions, to send bulletins to safety officials or neighborhood watch captains or to disseminate information from your public works department. When partnered with our Citizens Response for Messages (CRM) application, Call -Out enables you to conduct polling from the ACIS. Citizens who sign up to be polled are periodically called and asked up to 9 questions, given up to 9 multiple choice answers for each question and prompted to respond by pressing the appropriate key. The system tallies the responses and summarizes the results via either touchtone phone or printable report. Fax -Out - Fax Broadcast Application This application enables system administrators to create or import a directory of fax numbers and to transmit an outbound fax to an unlimited number of list members. This application includes an additional dedicated fax port. TW Print Capture Tool (includes 10 licenses) This product includes the TW Print Capture to Fax Software for ACTS v4.0 (10 user licenses). The Print Capture can convert any digital document into the proper digital Fax format for the ACIS. The document may then be moved over the City's network to the ACIS or copied via diskette. This product installs easily but assistance is available when Tele-Works travels to your area. Additional licenses are available, in bundles of 10, at a price of $500. APPENDIX B Schematic of ACCeS Project C rt 0 3 v CD a (D U) O 3 (D (D G) O (D 3 (D O cn (D n (D O C7 C7 m cn CD CD C) 0 3 0 CD CD m r m O m 3 m fA 0 3 rt CD l J N O (D C � n n rte-► O O 3 3 (D O G) O O fD O 3 3 70 (D fD (n (D cn CDD cn Welcome to Irving FYI! Irving FYI is a free, 24 -hour automated telephone service provided by the City of Irving to assist residents with obtaining information at any time — day or night. Many residents will find the service useful in the early morning hours, late evening hours, and weekends when city offices are closed This new program is not intended to reduce the individual customer service that can be received during normal business hours. A telephone number is provided at the end of each message to assist residEills. obtaining more infonnatEM Adopting an Animal ................. Animal Abuse & Cruelty ........ Animal Bites .................... Animal Control: After-Hou Emergency .................. tAnimal Control Hours & Leash Law ........................ 66 Livestock Regulations & Prohibited Animals ........................ 157 Lost or Found Animals ...................... 158 Loud or Barking Dogs ....................... 159 Nuisance Animals ............................. 160 Number of Pets Allowed .................... 161 Rabies .............................................. 162 Removal of Animals on Roadway ...... 163 Wild Animals & Animal Traps ........... 164 Irving Arts Center ............................... 181 Irving Arts Center: Galleries ........................................ 182 Tickets ........................................... 183 Events Calendar................................184 17wE Your Resource for Information How to Use Irving FYI: 1) Dial 972.721.3773. Have paper & pencil available to jot down information. 2) Press the three -digit message number of your choice. Up to four messages can be accessed, without redialing, each time you call Irving FYI. 3) Messages marked with the symbol 6 contain Fax -related documents. At any time you can skip the audio message by pressing the star key (*) on your touch-tone phone. You can directly request a Fax by pressing the pound key (#) followed by the three -digit Fax message number of your choice. CaII.972.72t,p3373 eb Site ................................ 241 ruing Community Television Network (ICTN) .............. 244 ICTN Schedule .................................. 246 Resident Publications ....................... 248 Irving Hotel Accommodations & Attractions ..................................... 256 [Irving Hotel Listings ........................ 257 Meetings in Irving .............................. 258 Special Events .................................. 259 ................. 266 ................. 268 s ............... 272 .........6........ 274 Boards & Commissions .................... 292 City Council Meeting Agendas....... 294 [City Council Members ................... 296 [Federal Officials ............................. 297 (State Officials ................................ 298 EBS/NOAA Weather Radio ............... 321 Emergency Assistance ..................... 322 Hazardous Materials Incidents .......... 323 Lightning ........................................... 324 What to do in Case of Fire ................ 325 What to do After a Fire ...................... 326 How to Prepare for Tornadoes ............ 327 What to do During a Tornado Watch ...... 328 What to do During a Tomado ............. 329 What to do After a Tornado ................ 330 What to do During a Winter Storm ...... 331 Winter Driving Tips ............................ 332 EIndicates Attached Press 511 for a Fax Documents Fax Directory City Employment Application Process......, [CityJob Line ................. Firefighter Employment .... Police Officer Employment Local Property Tax Rates. Property Tax Billing .......... Property Tax Homestead Exemptions Tax Payment Receipts ..... Arson ................................... Blood Pressure Screening .... CPR Courses ....................... Fire Code ............................. Fire Services ........................ Fire Escape Planning: Businesses ....................... Residences ....................... Fire Exits ............................. Fire Extinguishers: Businesses ....................... Residences ....................... Fire Reports ......................... Fire Safety ........................... Fire Safety Inspections: Businesses ....................... Residences ....................... Fire Safety Tips for Parents.. Fire Station Tours ................. Fireworks ............................. Holiday Fire Safety ............... Medical Reports ................... Outdoor Burning Regulations Parking in Fire Lanes ........... Smoke Detector Program ..... Call AIDS ................................................. 441 972.72 1 .3773 ...... 350 Communicable Diseases ................... 442 ...... 346 Head Lice .......................................... 443 a€* ......352 Immunizations...................................444 f' ...... 354 Indoor Air Pollution ............................ 445 .,.: Mosquito Control ............................... 446 Sexually Transmitted Diseases ......... 447 Tuberculosis ...................................... 448 Inspections, Permits & Licensesj 366 Building Permits: 367 MCommercial................................471 ... 376 ... 377 ... 378 .. 380 .379 ... 389 ... 381 Birth Certificates ............................... 420 Cable TV Inquiries ............................. 242 City Hall Hours & Holidays ................ 412 (City Hall Location .......................... 413 Death Certificates ..............................422 Driver's License & Vehicle Registration ....................... 423 Marriage Licenses .............................424 Public Inquiries & Complaints............ 418 Residential ..................................... 472 I Ce rtifi cate of Occupancy ................ 473 E1Current Codes ............................... 474 Demolition Permits ........................ 475 Driveway Permits .............................. 476 R Electrical Permits .......................... 477 Fence Permits .................................. 478 Fire Sprinkler & Alarm System Permits.......................................... 479 Fuel Storage Tank Permits ................ 480 Parking Ratios ............................... 481 RPlumbing, Irrigation & Mechanical Permits............................................. 482 Sign Ordinance & Permits ................. 483 Spray Booth System Permits............ 484 (Storage Building Permits ............... 485 R Swimming Pool, Hot Tub & Spa Permits ................................... 486 (Tent Permits .................................. 487 Children's Storytimes ........................ 512 Friends of the Library ........................ 513 Friends of the Library Book Sale ....... 514 GED Information ................................ 515 Income Tax Forms ............................ 516 Interlibrary Loan ................................ 517 Internet & World Wide Web Computers ......... 518 Irving Archives...................................519 Library Card ......................................520 RLibrary Dial -Up Catalog .................. 521 LibraryDonations ..............................522 (Library Hours & Locations ............. 523 Library Meeting Room Usage ............ 524 Library Photocopiers & Typewriters ..... 525 Library Services for Children .............. 526 Literacy Program ...............................527 Local History & Genealogy......528 Summer Reading Club ...................... 529 Volunteer Opportunities ..................... 530 (Defensive Driving ............................ 549 DDeferred Adjudication ..................... 550 Fine Payment Options ...................... 551 [Municipal Court- Hours, Location & Phone Numbers ........... 552 Municipal JuryDuty ........................... 553 Proof of Insurance ............................. 554 Requesting a Trial ............................. 555 Teen Court ......................................... 556 Traffic Violations & Fines ................... 547 Warrants........................................... 557 After -School Programs ...................... 576 Aquatic Center..................................577 Athletic Programs: Adults ............................................ 578 Youths........................................... 579 1Campi6n Trails ............................... 580 Children's Summer Day Camps ........ 581 Facility Use Cards ............................ 582 Field & Court Rentals ........................ 583 RFritz Park Petting Farm ................. 602 Multi -Use Building Rentals ............. 603 Municipal Golf Course ....................... 584 Municipal Pools (seasonal) ............ 585 New Facilities Under Construction ..... 586 Park Bond Projects ........................... 601 Park Locations & Descriptions .......... 587 Park Rules & Regulations ................. 588 DPicnic Shelter Rentals ................... 589 Racquetball Courts ............................ 590 Rain Out Game Cancellations ........... 595 2 Rain Out Schedules -Adult Softball .. 605 RRecreation Centers ........................ 591 Reporting Park Vandalism & Repairs ..... 592 Senior Activity Center Programs........ 593 Special Events .................................. 594 Tennis Lessons ................................. 596 Trail Locations & Etiquette ................ 597 Volunteer Opportunities ..................... 598 Weight Rooms ..................................599 IRVING FYI...Information when you want it & when you need it! APPENDIX C s Sole Source Information/Justification 0 0 SOLE SOURCE INFORMATION This information is designed to assist local governments in determining if Tele-Works, the Automated Citizen Information System (ACIS) and Tele-Works Voice Response (TVR) modules are appropriate to consider as a sole source purchase. The purpose of this document is to prove that Tele-Works is an affordable and wise choice for sole source procurement for any proposed project. There are three primary criteria that qualify vendors as sole source providers of information systems: Hardware, Software and Services. Tele-Works unique qualifications in each of these areas are stated below. Hardware No proprietary hardware is necessary for Tele-Workssystems. All of Tele-Works' systems are industrial computer based with industry standard equipment and components. This allows maintenance to be simplified and cost effective on or offsite. In the past, proprietary hardware was thought of as beneficial because it usually indicated a high level of user expertise or functionality that could not be matched. Vendors could use this indication as proprietary hardware as a sole source justification. As the evolution and power of the personal computer began to standardize, it soon surpassed its proprietary counterparts in cost performance ratios. Because of this, the hardware classification eventually lost consideration for sole source procurement. Software No other vendor has developed, tested and optimized enhancements for local government applications like Tele-Works. We have developed many applications beyond the Automated Citizens Information System (ACIS) that can run simultaneously or stand-alone. The synergistic combination of these enhancements has never been matched which makes the software package unique and qualifies Tele-Works as a sole source provider. Below is a list of software qualifiers for Tele-Works' products meeting criteria for sole source procurement. Tele-Works has developed the only computer based Automated Text Information Communicator (ATIC) to provide equal access to automated information for deaf, hard of hearing and physically handicapped citizens using TDD and ASCII type devices, as required by the Americans with Disabilities Act. Text interactions take place nearly identically to the voice/touchtone interactions of the ACIS. The ATIC is an optional module. 2. Interactive e -Government programming is custom developed for each customer due to the variety of network protocols, back office data solutions and service objectives. Since our systems have the ability to accommodate customer's needs, not only is the base system and upgrade path a justification for sole source, but the upgrades themselves are also. 3. Tele-Works' standard and custom software is only available through Tele-Works and operates on standard computer architecture appropriately configured. Tele-Works delivers and installs all systems to software and hardware integration. Each user is provided a single -use software license for the number of options purchased. 4. Tele-Works Webware© allows all of the touchtone telephone messages of ACIS to be accessed via the web. Services Over the years Tele-Works has gathered information regarding citizens most frequently asked questions and as a result created Scriptware©. Tele-Works' Scriptware© is a package of nearly 1,000 informational message templates in fill -in -the -blank format. No other vendor offers a comprehensive scripting package developed around the needs of local governments. Message topics concerning citizens and City employees are included, ranging from Animal Control to Zoning. Scriptware© is a unique offering and is included as part of our turnkey package that directly affects product implementation. The fill -in -the -blank message templates minimize the time it takes to get the system online and the time each department has to spend on compiling the information needed to complete the message recordings. Using these templates also saves many hours of drafting and editing messages developed from scratch. These templates assure that the information provided has a consistent format and flow. Tele-Works owns the sole rights to Scriptware©. Scriptware©, unique on its own, is now available through a one -of -a -kind online Customer Service Center (CSC). The CSC allows customers to access all of our Scriptware© and enables delegation to accelerate the process of content customization and development. Online tools allow users to select, organize, share and submit templates online for recording. Related service offerings also justify Scriptware©. Tele-Works' reformatting services convert content to ASCII (TDD) and HTML (WebWare©) for government use in other environments. The following components Scriptware©, Scriptware© delivery (CSC) and Scriptware© application (to facilitate a host of solutions, e.g. WebWare©), individually and synergistically combined, is yet another attribute that justifies sole source consideration. 2. Tele-Works also provides a comprehensive Marketing Plan that describes the most effective ways to market your system internally and externally. Over the past ten years we have worked closely with our users to assure system success. The Marketing Plan is essentially a step-by-step, "How to..." compilation of how our users have successfully marketed their systems. Tele-Works has also added more marketing tactics into the Plan. The Marketing Plan provides detail on how to get staff and citizens excited about bringing the system online, introducing the system to the public, accessing and maintaining the system information, sustain high call volumes and much more. 3. Tele-Works designs a camera-ready brochure from Scriptware©. This brochure is then printed and distributed to citizens. We can also provide a Web Brochure© at no cost. I The Web Brochure© posts the same information in your camera-ready brochure on the World Wide Web. The ability to reuse the content from Scriptware© makes Tele-Works an excellent long-term investment. Please note that we do not pay for any printing costs. 4. Tele-Works has an in-house, state-of-the-art, digital recording studio where voice professionals record your messages. These recordings are in the correct format and are easily loaded onto the systems. These messages can also be recorded in up to 9 different languages. All of these services are very valuable. We have designed the implementation process for each system so you have to exert minimal effort, time and money beyond the initial purchasing price. This total package is what legitimizes Tele-Works as being your preferred vendor. CLIENT FINDINGS: ADDITIONAL SOLE SOURCE JUSTIFICATION AND RELATED INFORMATION Tele-Works systems have been competitively bid and purchased sole source. In both purchasing examples, extensive results justify sole source procurement. Past customers include: LOCALITY PROCUREMENT CONTACT Irving, TX Competitive Bid Lynda Johnson Downers Grove, IL Sole Source Liangfu Wu San Diego, CA Sole Source Diane Norman Menomonee Falls, WI Sole Source Jo Ellen Mulder Orange County, FL Sole Source Kelly McMann Local governments have justified the sole source purchase due to superior application developments, customer service, ongoing marketing support and competitive pricing and the past procurement history illustrated in the following case material. CASE MATERIAL The following case material and the attached reference material are unbiased reports from our clients. They report the results of sole source investigations performed by staff, as well as results from publicly advertised Request for Proposals and Invitations to Bid. Westminster, Colorado In September of 2000, the City of Westminster unveiled an interactive e -Government service package from Tele-Works, Inc. that allows customers to access utility accounts and pay outstanding balances through a touchtone telephone or a PC/Web browser. First of its kind, the project allows citizens to access and interact with the Web/Internet using a touchtone telephone. Our products helps bridge digital divides' by allowing citizen -access to web services no matter their economic means or technical aptitude. The project was awarded to Tele-Works following open presentations and proposals provided to Westminster by applicable vendors. Based on the technology, upgrade potential and superior cost -performance benefits provided by Tele-Works' proposal, the decision was obvious. This decision marks one of the first sole source justifications for our e -Government products. At the time of this printing, five additional TVR projects support sole source procurement as described above. REFERENCE COMPILATION The research and justification several customers used for purchasing the ACIS is enclosed in detail. In each case, governments discovered that Tele-Works was the only vendor to offer a turnkey package specifically designed for local governments. Documentation from Camarillo, California states in a memorandum that "Tele-Works is the only company marketing an automated telephone message system for local governments." Also included with this letter are staff reports provided by Manatee County, Florida and Santa Monica and Cerritos, California that state how staff proposed and validated Tele-Works systems to their management boards. Reports describe the specialized nature of the ACIS and the related services provided by Tele-Works that create sole source offerings. These three examples are small representations of our large customer base that have diligently investigated the market to arrive at sole source decisions. Additional attachments include, letters from Alachua County, Florida, Henry County, Virginia, and Irving and Coppell, Texas demonstrating that in many cases, no other vendor is capable of providing the specialized ACIS system and comprehensive services that we offer. Please note that the assortment of reference material from around the country is an important indication that Tele-Works is the best choice for sole source procurement. OUTSOURCING THE PARTS? Quotes were collected from professional public relations firms and professional recording studios to determine the value of our turnkey implementation services. As an example, the average quote obtained from other vendors for scripts was used to determine the value of Tele- Works standard Scriptware© package (250 scripts). The prices other vendors charge to develop scripts can range from $525 to $875. per script. This means that the value of our Scriptware© is valued at over $100,000. Keep in mind that this cost does not include the cost incurred for a professional to record the scripts in digital format. APPENDIX D Project Pricing Summary rroject Pricing Summary Automated Citizen Information System Recommended Warranty Components Items Contract with Tele-Works. Inc.: ACTS Turnkey Solution (includes 1 day installation/training) (includes TVR Utility Billing Application) $61,500 $61,500 1st Trip for Installation, Training and Marketing Free $0 TVR Building Inspections Application $15,000 $15,000 Call Out Functionality (Emergency Notification) $2,000 $2,000 e-CRM Citizen Response Messages (Polling/Surveying) $2,000 $2,000 Fax Broadcast $2,500 $2,500 TW Print Capture Tool (includes 10 licenses) $500 $500 SUBTOTAL ACTS SYSTEM $83,500 $83,500 Less 10% Discount ($8,350) TOTAL ACIS SYSTEM $75,150 Other Charaes: Advertisement for RFI #02-02 $200 Interface to New World System - Utility Billing $5,000 Interface to Hansen - Building Inspections $3,900 Sales Tax on Tele-Works System $3,926 TOTAL OTHER CHARGES $13,026 -------------- ------------- 10% Project Contingency: $8,818 TOTAL PROJECT COST $96,994 $97,000 Project Budget __________ Multi -Year Maintenance 13 -Year Contract Cat 12%) 1st year under warranty (June 2002 - June 2003) $0 2 additional years (June 2003 - June 2005) $20,000 Sales tax on maintenance $1,100 TOTAL MAINTENANCE COST $21,100 Pre -paid Expense APPENDIX E Contract(s) Purchasing Officer STAFF REVIEW FORM XXX AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 5, 2002 FROM: Sharon Crosson Utilities Management General Services Name Division Department ACTION REQUIRED: Approval of bid waiver and contract award to Tele-Works, Inc. for an Automated Citizen Information System. COST TO CITY: $ 96,994 (project) $ 97,000 (project) Automated Citizen $ 21,100 (maint) $ 0 (maint.) Information System Cost of this Request 4470-9470-5801-00 1010- 0500-00 Account Number 01009-1 Project Number Category/Project Budget $ 189 (project) $ 0 (maint.) Funds Used To Date $ 96,811 (project) $ 0 (maint.) Remaining Balance Category/Project Name Capital Improv.(proj) Pre -Paid Expense (mnt) Program Name Capital Improv. (Proj) General Fund (maint.) Fund BU GET REVIEW: X Budgeted Item Budget Adjustment Attached Bu et Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING A ENCY: l GL a �0ok Date Inte a ditor Date Date Zi ADA Coordinator Date Date Grant Coordinator Date STAFF RECOMMENDATION: Staff recommends approval of bid waiver and contract award. 2-oZ Date liii Da e a r9 ®z Date Z' Date Cross Reference New Item: Yes No Prev Ord/Res #: Orig Contract Date: Orig Contract Number: ci STAFF REVIEW FORM - Page 2 Description Automated Citizen Information System Meeting Date March 5, 2002 Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grants Coordinator Reference Comments: FAYETTEV&LE THE CITY OF FAYETTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sharon Crosson, Telecommunications Manager From: Heather Woodruff, City Clerk Date: March 7, 2002 Please find attached a copy of Ordinance 4374 waiving formal competitive bidding requirements and to approve a contractual agreement with Tele-Works, Inc. to purchase an automated citizen information system. Jam returning one (1) original contract to you. The second original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit Peggy Vice, Purchasing z ��� 010 03 City of Fayetteville 3/12/2002 update Index Maintenance • 8:52:50 Document IterT Action Reference Date Ref. Taken Brief Description ORD 3052002 4374 TELE-WORKS/INFORMATION SYSTEM - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enter Keywords........: ORD. 4374 BID WAIVER TELE-WORKS INFORMATION SYSTEM PHONE SYSTEM File Reference #......: MICROFILM Security Class........: Retention Type: _ Expiration Date.......: **** Active **** Date for cont/Referred: Name Referred to......: Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix systems Corp.