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8182
RESOLUTION NO. 8182 A RESOLUTION APPROVING A CONTRACT FOR PROFESSIONAL SERVICES WITH TELE -WORKS INC. AND COMMITTING THE APPROPRIATION OF FUNDS IN THE 1998 BUDGET FOR PAYMENT OF SAID CONTRACT THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTION 1 A contract between the City of Pueblo and Tele -Works Inc. (a copy of which is attached), for the provision and installation of an automated citizens information system, is hereby approved. SECTION 2 Funding for the payment of said contract, in the amount of $1G,800 shall be appropriated in the 1998 budget in the City Council Projects To Be Determined Account. INTRODUCED July 14 , 1997 BY: Charles Jones Councilperson APPROVED: President of he C ncil ATTEST: City Cl k CITY OF PUEBLO CONTRACT FOR INDEPENDENT PROFESSIONAL SERVICES This Contract is entered by and between City of Pueblo 150 Central Main St. Pueblo, CO 81003 (hereinafter the "Government "), and TELE -WORKS INC., P.O. Box 663, Blacksburg, VA 24063, (hereinafter 'Tele- Works" or "Contractor "). Tele- Works, Inc. is a corporation organized under the laws of Virginia, and doing business under the name of Tele- Works, Inc. and engaged in the Business of telecommunications equipment and software (hereinafter 'Tele- Works "). Tele -Works shall provide and Install an Automated Citizens Information System as detailed on attachment A. (the "Work "). 2. In consideration for the Work, the Government shall compensate Tele- Works: $25.950. 3. Tele -Works will furnish the Government with regular reports, orally or in writing as the government requires, on progress or status of the Work and shall advise the government immediately of any difficulties or unforeseen circumstances. 4. Tele -Works acknowledges that it is an independent contractor engaged in the trade of business set forth above, and is not an employee of the Government. Tele -Works therefore expressly waives any right to unemployment compensation benefits, life, health or accident insurance, pension rights or other benefits customarily paid by the Government to its employees. 5. Payment of the Fee to Tele -Works shall, unless required by law, be without deduction for withholding or FICA. Tele -Works shall be responsible for payment of all employment taxes arising out of this Contract and shall obtain any required insurance coverage for its own account. 6. Tele -Works provides the following payment schedule to assure quality and timely installation: $ 9,150.00 of total purchase price due at time of purchase order. $ 14,205.00 of total purchase price due once equipment and software is installed. $ 2,595.00 of total purchase price due once the Work is completed. 7. Tele -Works shall be solely responsible for the satisfactory completion of the Work in accordance with usual and customary standards in the voice response industry. 8. In the event that the Government finds that the Work is not being satisfactorily performed, it may terminate this Contract by written notice to Tele -Works and upon payment of that portion of the fee reasonably attributable to that portion of the Work already performed. Any such payment shall not constitute or be deemed to be a waiver of any claims the Government may have against Tele- Works. 9. Neither this Contract nor any rights or responsibilities accruing hereunder may be assigned or sublet by Tele -Works without the express, prior written consent of the Government. 10. Warranty and Maintenance provisions will be in accordance with Attachment B. 11. Insurance (A) During the term of the contract, the contractor shall provide the following types of insurance in not less than the specified amounts: 1. Comprehensive General Liability - $2,000,000.00,$1,000,000 per occurrence, including contractual coverage; 2. Auto Liability - Combined Single Limit Amount of $500,000 for bodily injury per occurrence, or $100,000 for property damage per occurrence; on any contractor owned, and /or hired, and /or non -owned motor vehicles engaged in operations within the scope of this contract; 3. Workers Compensation - as required by the Colorado Worker's Compensation Act. (B) The contractor shall furnish to the Government satisfactory proof of coverage of the above insurance requirements, by a reliable company or companies, before commencing any work. Such proof shall consist of certificates executed by the respective insurance companies and filed with the Government. Said certificates shall contain a clause to the effect that, for the duration of the contract, the insurance policy shall be canceled, expired or changed so as to the amount of coverage only after written notification 30 days in advance to the Government. In addition, said certificates shall list the Government and its officers, agents and employees as additional insured on all required insurance policies except the policy for professional liability. (C) The contractor shall require subcontractors, if any, not protected under the contractor's policies, to take out and maintain insurance of the same nature in amounts, and under the same terms, as required of the contractor. 12. Indemnification The contractor shall indemnify, defend and save harmless the Government, its officers, agents, employees, representatives and assigns, from lawsuits, actions, costs (including attorneys' fees), claims or liabilities of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of any act or omission, neglect or misconduct of said contractor, its officers, agents and /or employees arising out of, or in performance of any of the provisions of the contract, including any claims or amounts recovered for any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the "Worker's Compensation Act" or any other law, ordinance, order or decree. In connection with any such claims, lawsuits, actions or liabilities, the Government, its officers, agents, employees, representatives and their assigns shall have the right to defense counsel of their choice. The contractor shall be solely liable for all costs of such defense and for all expenses, fees, judgments, settlements and all other costs arising out of such claims, lawsuits, actions or liabilities. In the event of litigation under this Contract, the court shall award to the prevailing parry its costs and expenses including reasonable attorney fees. 3. Venue The parties hereto agree that for purposes of any lawsuit(s) between them concerning the contract, its enforcement, or the subject matter thereof, venue shall be in Pueblo County, and the laws of the State of Colorado shall govern the cause of action. 14. The term of this Contract shall be from ,1 L 1 Y 14 , ] 9__qZ_(sign date), through JULY 14 ,19 We year), unless sooner terminated by the Government as provided above. Tele -Works provides an implementation schedule (see Attachment Q. 15. Tele -Works will be responisble for all costs incurred and required for the completion of this Contract as stated. Additional costs brought about by special requests or policies of the local government above and beyond the Contract as stated, including but not limited to local business licenses, additional insurance requirements, state sales tax, or procurement fees will be incurred by Tele -Works at the Government's specific written request, and will then be added to the total contract price to be paid by the Government. Entered into this 14 h day of JULY ,19 97 . ATTEST: GOVERNMENT The City of Pueblo. CO Cathy A. Gapocia ,(Type name) City Council Pre siden _xType Title) WITNESS: TELE -WORKS INC. By CiWi5 Important Note: This contract Is valid for 30 days. ThIs contract must be shed, sealed and postmarked by/uly 11, 1997. This provision Is included to protect your pricing Gina DVtcher ,(Type name) City C erk ,(Type Title) Cathy A. Gapocia ,(Type name) City Council Pre siden _xType Title) WITNESS: TELE -WORKS INC. By CiWi5 Important Note: This contract Is valid for 30 days. ThIs contract must be shed, sealed and postmarked by/uly 11, 1997. This provision Is included to protect your pricing ATTACHMENT A: AUTOMATED CITIZENS INFORMATION SYSTEM SPECIFICATION LISTING 8 -PORT HARDWARE, SOFTWARE AND SERVICES 8 -Port (Telephone Line) Tele -Works Hardware and version 3.1 Software The system shall operate in a normal office environment, use standard telephone connectors, and shall operate in a stand alone cabinet. The system shall include all hardware and software as detailed in Attachment D. The system shall provide an Emergency Services message function, which would allow the Government or other authorized personnel to preempt the introductory message and replace it temporarily with an emergency message. The system will have visual call selection, plus print capabilities for the total number of calls, totals, per message, date, time as well as total number of hours and minutes all of the system lines are busy. Upon delivery and installation, all equipment and software purchased shall become the property of the Government. Services Tele -Works will provide the Government with a select 400 Scriptware© message templates from Tele- Works' Scriptware© catalog of over 1000 choices ranging from Animals to Zoning. Tele -Works will provide 300 professional recordings of developed messages. Tele -Works will provide 200 HTML message conversions of developed messages. Tele -Works will provide a comprehensive marketing program featuring successful strategies based on over 100 successfully installed applications nationwide. This marketing plan also includes: • Tele -Works will provide a camera ready brochure • Tele -Works will provide an ACTS Home Page, Brochure Page, and appropriate links on the World Wide Web. Tele -Works will provide a one -year warranty on all equipment, software, parts and labor (see Attachment B). The Government can choose to renew the system warranty as a maintenance agreement, under the same terms of the original warranty. The annual cost for a maintenance agreement is fixed at $2,600 for the proposed system. This guarantee for annual maintenance renewal for the proposed system is for ten (10) years. Tele -Works will provide complete installation and training. ATTACHMENT B: TELE - WORKS, INC. MAINTENANCE AGREEMENT TW SERIAL NUMBER MAINTENANCE START MAINTENANCE END DOLLAR AMOUNT CONTACT PHONE ADDRESS MUNICIPALITY STATE ZIP This maintenance agreement covers the following technical items for the contracted period defined above. 1. Tele -Works will provide technical support service via telephone Monday- Friday from 8:30 am to 6:00 EST to diagnose problems with your system. The software provides logs with error codes for trouble shooting to assist the remote diagnosis. The customer pays for any telephone charges involved in this manner. Tele -Works will not be able to accept any collect calls. 2. If components of your system are defective, Tele -Works will provide any required replacement components necessary for its repair. If a complete replacement unit is necessary, Tele -Works will provide a replacement system within 72 hours of receiving your streaming tape backup and damaged system. Tele -Works will provide such replacement components or unit at no cost to you, in all cases except where damage has been caused by fire, flood, lightning or other catastrophic event, natural disaster or act of God. If the damage is the result of any of the causes listed hereinabove, Tele- Works' responsibility shall be limited to temporary replacement of defective items (not to exceed 30 days) or permanent replacement at a charge to you not to exceed Tele- Works' cost of the items, plus shipping costs, and reimbursement for any travel expenses incurred by Tele- Works' employees. 3. The customer is responsible for maintaining a current software /message backup using the streaming tape drive provided with the system. 4. Tele -Works will provide a discounted pricing schedule while this maintenance agreement is in effect. The schedule will include but not be limited to: • 20% discount for pre - developed application programs and line cards. • Discounted rates for customized programming (If added applications or programs create the need for upgrades to the base system, a charge will be added for this improvement; the charge will be announced before work is performed). 0 Discounted professional recordings. • Monthly Graphical Statistical Report and Evaluation 5. The customer will receive the quarterly newsletter The Communicator, providing information on new applications, marketing ideas, industry trends, and user highlights. This signed Maintenance Agreement must be received along with payment or Purchase Order before the existing agreement or warranty expires. I, certify that agrees to the terms described above. ATTACHMENT C: TELE- WORKS, INC. IMPLEMENTATION SCHEDULE Week 1 Tele- Works' Project Team: -Send Implementation Manual Week 2 -3 The City's Project Director & Team - Distribute Scriptware© message listing to the appropriate 'department heads /representatives to select Week 4 -5 Tele- Works' Project Team -Schedule projected dates for installation with the City's Project Director -Order system hardware The City's Project Director & Team -Compile and send selected Scriptware© message titles Week 5 -10 Tele- Works' Project Team -Send selected Scriptware© message templates -Test system hardware and software -Assemble system hardware -Download preprogrammed ACTS and optional software - Design and develop custom programming (if necessary) -Assemble the User Manual The City's Project Director & Team -Distribute Scriptware© templates to the appropriate departments for editing, and customization; create any new messages using the outline provided. - Categorize, list and number message index for system and brochure -Compile the City's camera ready artwork (city seal, system logo, system #) -Make phone service and connection arrangements for system installation. Week 10 -16 Tele- Works' Project Team - Deliver and install the system and User Manual -Train the City System Administrators on system functions and features usage. The City's Project Director & Team -Review and return scripts to be recorded -Begin system testing and using system for Acceptance Period - Promote and train city staff on system functions and features (This is best introduced following system installation: handouts about performing system operations are provided in the ACIS User Manual) Week 16 -18 Tele- Works' Project Team -Begin message recording, editing, and loading -Layout brochure and send for review - Deliver streaming tape with recordings The City's Project Director & Team -Load messages recordings onto system - Proofread /Approve brochure -Make necessary printing arrangements Week 18 -20 Tele- Works' Project Team -Deliver streaming tape /disk with any new recordings -Send final, camera ready brochure film to the City or printers The City's Project Director & Team - Finalize initial marketing (press releases, brochure printing and distribution) -Record timely messages not professionally recorded (i.e. Council Agenda) onto the system by phone Tele -Works would like to emphasize the cooperative nature of implementation and conversion services. If the proposed schedule cannot be met due to uncontrollable circumstances, Tele -Works will guarantee the provided services up to 12 months after Purchase Order. Average turn around time for all services requests is 2 -4 weeks. Total project completion averages six months. Quickest implementation to date: 30 days (City of Deer Park, TX). Tele -Works will notify the City of the status of services by telephone or in writing. AT[ACHMENT D: DESCRIPTION OF HARDWARE /SOFTWARE PROPOSED The proposed ACIS runs on an Industrial Passive Backplane computer, using industry standard, non - proprietary devices. The proposed system's hardware is all industry standard or above. The hardware proposed is as follows: Microcomputer— (l) Industrial Passive Backplane computer. Intel 33MHZ DX2 processor, 4MB Ram, 1.6 MB hard drive, 256KB Cache, 8 ISA expansion slots, SVGA Monitor, 101 enhanced key keyboard, 350 MB internal streaming tape drive Voice Boards— (2) TW- Dialog4 (four port voice boards for 8 total lines of access), and (2) TW- FAXtion 200 Modems The system as bid shall use Tele -Works TW- Dialog4 voice boards (manufactured by Dialogic Corporation of Parsippany, New Jersey), which have superior ratings in performance for tone level detections, minimum tone duration and Interdigit delay. The TW- Dialog4 also has the lowest susceptibility to "talk off' in the industry, and leading -edge DTMF cut - through capability (to account for a variety of different line levels, static and echo conditions, and DTMF tone length requirements). The detailed operational and performance characteristics of the proposed system relative to DTMF signaling and registration are as follows: Min -max level per tone ............... -37 to +4 dBm Minimum tone duration .................. 26 ms Interdigit delay (same digit) ............... 32 ms Interdigit delay (different digit) ............. 0 ms Talk off: Bellcore TR TSY- 00763" ........... 4 hits TR TSY -00763 is a standard Bellcore test tape containing 3 hours of recorded voices known to cause talk off. One hit means that the board interpreted voice frequencies as a DTMF digit. Software— Tele -Works ACIS version 3. l x software; 8 port configuration. Tele -Works Automated Fax Information System (AFIS) for fax -on- demand functionality; AFIS provides one (l) port inbound, one (1) port outbound fax functionality. Printer— (l) Epson or Panasonic 24 -pin dot matrix printer Uninterrupted Power Supply (UPS)- (1) APC battery backup