HomeMy WebLinkAboutCustomer Service Platform Update, Maintenance and Licensing Agreement - Selectron Technologies Inc227 W. JEFFERSONBOULEVARD
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'%--'ITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
July 23, 2019
Selectron Technologies, Inc.
12323 SW 661h Avenue
Portland, Oregon 97223
PHONE 574/235-9251
FAx 574/235-9171
RE: Customer Service Platform Update, Maintenance, and Licensing Agreement
Dear Vendor:
The Board of Public Works, at its meeting held on July 23, 2019, approved the above
referenced agreement to upgrade to new relay platform in coordination with Enquesta
implementation and routine maintenance and support renewal in the amount of $77,250.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is entered into by and between Selectron Technologies, Inc., an
Oregon corporation and its successors and assignees (collectively, "Company") and the City of South Bend, Indiana, (the
"Customer").
1. Engagement of Services.
Subject to the terms and conditions of this Agreement,
Company will render the services set forth in the Scope of Work
attached to this Agreement as Exhibit A and B (the "Project" or
the "Services"). Exhibit A outlines the services to be provided,
any associated products, and the prices. Exhibit B provides a
detailed description of the services, and any associated
products, to be provided under this Agreement. From time to
time, the parties may enter into additional Scopes of Work, in
substantially the same form as that set forth in Exhibits A and
B, for additional Services. The manner and means by which
Company chooses to complete the Project are in Company's
sole discretion and control. Customer will, at its sole expense,
make its facilities and equipment available to Company when
necessary. Company, in its sole discretion, may have the
Services performed by a third party/independent contractor,
provided that any such third party/independent contractor
agrees in writing to the terms of this Agreement.
2. Hardware.
Pursuant to this Agreement, and in combination with any
Company software (which shall be licensed pursuant to a
separate software license agreement), Company shall provide
Customer with third -party hardware solely for use with
Company Software (the "Hardware), as set forth in Exhibit A
and/or B. As between Customer and Company, Company shall
maintain ownership of the Hardware and all rights, titles, and
interest therein, until Customer has paid the entire Fee, as
described in Section 3.1 below. While the Fee is being paid,
Customer shall have a limited, non -transferable, and revocable
license to use the Hardware solely in connection with
Customer's use of the software. Once Customer has paid the
entire Fee, Customer shall own the Hardware (but Customer
shall not own the Company software under any circumstances).
Customer agrees that, until the entire Fee is paid, Customer shall
be responsible for the cost of the Hardware if damaged (normal
wear and tear excluded) while in Customer's possession or under
its control. Customer acknowledges and agrees that nothing in
this Agreement shall be interpreted or construed to affect the
terms and conditions under which Customer uses the Company
software.
Customer is entitled to all third -party manufacturer warranties
as they apply to the specific Hardware provided. Manufacturer
warranty dates are based solely on the specific manufacturer
terms and conditions. Customer acknowledges and agrees that
Company shall have no obligations regarding the manufacturer
warranties of the Hardware, and that Company expressly
disclaims all warranties with respect to the Hardware, except
for the warranty in Section 6.3 below.
3. Compensation.
3.1 Standard Compensation.
Customer will pay Company a fee for services rendered underthis
Agreement as set forth in the Project(s) undertaken by Company,
which fee shall also cover use of the Company software (licensed
under a separate software license agreement) and use of the
Hardware (the "Fee"). Customer shall be responsible for all
expenses incurred, that are set forth in Exhibit A of this
Agreement. Customer will also be responsible for all expenses,
with prior written approval, outside of those listed in Exhibit A of
this Agreement. Upon termination of this Agreement for any
reason, Company will be paid the Fee and expenses on
a proportional basis as stated in the Scope of Work for work
which is then in progress, to and including the effective date of
such termination. Unless other terms are set forth in the Scope
of Work for work which is in progress, Customer will pay
Company for Services and will reimburse Company for previously
approved expenses within thirty(30) days of the date of
Company's invoice.
3.2 Change Requests.
Customer agrees to the Scope of Work as set forth in Exhibits A
and B. If Customer requests a reduction in the scope, as set
forth in Exhibit A or B, or any future Scopes of Work agreed
upon by the parties, and such request is made after Company
has committed resources to the Project under the given Scope
of Work, Customer agrees to pay the full amount set forth in
Exhibit A (or the applicable Scope of Work). However, if, during
the course of a Project, Customer wishes to increase or modify
the Scope of Work (other than a proposed reduction in the
amount of Services to be provided), Company shall provide
Customer with a modified fee estimate. If Customer accepts the
modified estimate, Company will perform the Project according
to the modified specifications after the parties sign a new Scope
of Work or after Customer issues a purchase order for the
modified Project (provided that the terms and conditions of such
purchase order will not modify this Agreement or have any force
or effect). If Customer rejects the modified estimate, Company
shall have no obligation to perform the modified Project, and the
parties agree that Company will continue to provide the Services,
as originally set forth in the Scope of Work, and Customer will
continue to pay the Fee, as originally set forth in the Scope of
Work.
4. Independent Contractor Relationship.
Company's relationship with Customer will be that of an
independent Contractor and nothing in this Agreement should be
construed to create a partnership, joint venture, or employer -
employee relationship. Customer is not an agent of Company
and is not authorized to make any representation, contract, or
commitment on behalf of Company, or to bind Company in any
way. Company is not an agent of Customer and is not authorized
to make any representation, contract, or commitment on behalf
of Customer, or to bind Customer in any way. Company will not
be entitled to any of the benefits, which Customer may make
available to its employees, such as group insurance, profit sharing
or retirement benefits.
5. Proprietary Information.
During the Term of this Agreement and after the termination of
this Agreement, the parties will take all steps reasonably
necessary to hold the other party's Proprietary Information in
confidence, will not use the other party's Proprietary Information
in any manner or for any purpose not expressly set forth in this
Agreement, and will not disclose any such Proprietary
Information to any third party without the disclosing party's
express prior written consent. "Proprietary Information"
includes, but is not limited to (a) trade secrets, inventions, ideas,
processes, formulas, source and object codes, data, other works
of authorship, know-how, improvements, discoveries,
developments, designs and techniques; and (b) information
regarding plans for research, development, new products,
marketing and selling, budgets and unpublished financial
statements, licenses, prices and costs, suppliers and customers;
and (c) information regarding the skills and compensation of
employees . Nothing will be considered to be Proprietary
Information if (1) it is readily available to the public other than by
a breach of this Agreement; (2) it has been rightfully received by
the receiving party from a third party without confidential
limitations; (3) it has been independently developed by the
receiving party without reference to or use of the disclosing
party's Proprietary Information; or (4) it was rightfully known to
the receiving party prior to its first receipt from the disclosing
party. The receiving party shall be entitled to disclose the
disclosing party's Proprietary Information if required by law or a
judicial order; provided that the receiving party first provides
prompt notire of the required disclosure to the disclosing party,
and complies with any protective or similar order obtained by the
disclosing party limiting the required disclosure.
6. Representations and Warranties; Warranty Disclaimer.
6.1 Customer represents and warrants that (a) it has full right
and power to enter into and perform its obligations under this
Agreement, and (b) it will take all reasonable precautions to
prevent injury to any persons (including employees of Company)
or damage to Company's property during the Term of this
Agreement.
6.2 Company represents and warrants that (a) it has full right and
power to enter into and perform its obligations under this
Agreement, and (b) it will take all reasonable precautions to
prevent injury to any persons (including employees of Customer)
or damage to Customer's property during the Term of this
Agreement.
6.3 Company warrants that any Hardware provided pursuant to
this Agreement shall operate in good working order for a period
of one (1) year from Contract Execution Date, as that term is
defined in Exhibit A of the PremierPro Support and Maintenance
Agreement. Any changes or modifications to the Hardware by
any person other than Company, or any combination of the
Hardware with other materials by any person other than
Company, voids this limited warranty. This limited warranty is
also void if failure of the Hardware results from transportation,
neglect, misuse, or misapplication of the Hardware by any
person other than Company; from any accident beyond
Company's control; from use of the Hardware not in accordance
with this Agreement or documentation provided in connection
with the Hardware; or from Customer's failure to provide a
suitable environment for the Hardware.
6.4 The express warranties in Sections 6.2 and 6.3 above are
lieu of all other warranties, express, implied or statutory,
arising from or related to this Agreement and any hardware
provided to Customer hereunder, including, but not limited to,
any implied warranties of merchantability, fitness for a
particular purpose, title, and non -infringement of third party
rights. Customer acknowledges that it has relied on no
warranties other than the express warranties in Sections 6.2
and 6.3 of this Agreement. Except for the express warranty in
Section 6.3 of this Agreement, Company provides the Services
and Hardware to Customer "as is" and "as available," and
Company does not warrant that the Services or Hardware will
be uninterrupted or error free, and Company hereby disclaims
any and all liability in connection therewith. This warranty
disclaimer is made regardless of whether Company knows or
has reason to know of Customer's particular needs. No
Company employee, agent, dealer, or distributor of Company is
authorized to modify this limited warranty, or make any
additional warranties, whether orally, in writing, or otherwise.
This Section 6.4 shall be enforceable to the fullest extent
permitted by applicable law.
7. Customer Remedies; Limitation of Liability.
7.1 If Customer finds what it reasonably believes to be a failure
of the Hardware to conform to the limited warranty in Section
6.3 of this Agreement, and provides Company with a written
report that describes such failure in sufficient detail to enable
Company to reproduce or understand such failure, Company
and its suppliers' entire liability and Customer's exclusive
remedy for breach of the limited warranty in Section 6.3
regarding the Hardware, is for Company to use commercially -
reasonable efforts to correct or provide a workaround for the
failure at no additional charge to Customer. If, in Company's
sole discretion, it provides replacement Hardware, the
replacement Hardware will be warranted in accordance with
the provisions of this Agreement for the remainder of the
original warranty period or thirty (30) days, whichever is longer.
Outside the United States, neither these remedies nor any
product support services offered by Company are available
without proof of purchase from an authorized non-U.S. source.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA
AND LOST PROFITS, ARISING FROM OR RELATING TO THIS
AGREEMENT, THE SERVICES PROVIDED OR CONTEMPLATED
HEREUNDER, AND THE HARDWARE AND RELATED
DOCUMENTATION. COMPANY'S TOTAL CUMULATIVE LIABILITY
IN CONNECTION WITH THIS AGREEMENT, THE SERVICES
PROVIDED OR CONTEMPLATED HEREUNDER, AND THE
HARDWARE AND RELATED DOCUMENTATION, WHETHER IN
CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE
AMOUNT OF FEES ACTUALLY PAID TO COMPANY HEREUNDER
IN THE TWELVE- (12-) MONTH PERIOD IMMEDIATELY
PRECEDING THE ACTION THAT GAVE RISE TO THE CLAIM.
CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE
ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND
THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT
WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
S. Indemnification.
Each party will indemnify and hold harmless the other party, its
officers, directors, employees, and agentsfrom any and all claims,
losses, liabilities, damages, expenses and costs (including
reasonable attorneys' fees and court costs) which result from
third -party claims or allegations that arise out of a breach or
alleged breach of any representation, warranty, or covenant set
forth in this Agreement.
9. Network Security Disclaimer
9.1 Internet Security.
Company's products may include software that connects to the
Internet. The software is designed to operate within
Customer's secure network environment, and the software
does not provide any mechanism for security or privacy.
Specifically, the software relies fully on the Customer's security
measures and implements no further security infrastructure.
Company makes no representations or warranties to Customer
regarding (i) the security or privacy of Customer's network
environment; or (ii) any third -party technologies' or services'
ability to meet Customer's security or privacy needs. These
third -party technologies and services may include, but are not
limited to, operating systems, database management systems,
web servers, and payment processing services. Customer is
solely responsible for ensuring a secure network environment.
9.2 Remote Access Security.
In order to enable code development, and Customer support
and maintenance of the software (if purchased by Customer
pursuant to a separate support and maintenance agreement),
Company requires remote access capability. Remote access is
normally provided by installing PC -Anywhere, ControllT, or
other industry standard remote access software. It may also be
provided through a Customer solution such as VPN access.
Regardless of what method is used to provide remote access, or
which party provides remote access software, it is Customer's
responsibility to ensure that the remote access method meets
Customer's security requirements. Company makes no
representations or warranties to Customer regarding the
remote access software's ability to meet Customer's security or
privacy needs. Company also makes no recommendation for
any specific package or approach with regard to security.
Customer is solely responsible for ensuring a secure network
environment.
9.3 Outbound Services Disclaimer.
Outbound services are intended to create additional methods
of communication for Customer to use the Software in support
of existing processes. These services are not intended to
replace all interaction with Customer's employees or become
critical path. While the outbound services have been created
with the best available tools and practices, they are dependent
on infrastructure that is inherently not fail -proof, including but
not limited to infrastructure such as software, computer
hardware, network services, telephone services, and e-mail.
Examples of situations that could cause failure include but are
not limited to: down phone lines, all lines busy, equipment
failure, email address changes, internet service disruptions.
For this reason, while outbound services are valuable in
providing enhanced communication, they are specifically not
designed to be used as the sole method to deliver critical
messages. Customer acknowledges that it is aware of the
potential hazards associated with relying on an automated
outbound service feature, when using the Software, and
Customer acknowledges and agrees that it is giving up in
advance any right to sue or make any claim against Company,
and that Customer forever releases Company from any and all
liability, if Customer, or Customer's employees, suffer injury or
damage due to the failure of outbound services to operate,
even though Customer does not know what or how extensive
those injuries or damages might be.
10. Term and Termination.
10.1 Term.
This Agreement shall commence on the date of last signature
below and shall end on December 31, 2022 (the "Term").
Agreement can be renewed for three (3) successive one (1) year
terms upon written agreement of the parties.
10.2 Termination.
(a) Either party may terminate this Agreement at any time that
there is no uncompleted Project in effect upon fifteen (15) days'
prior written notice to other party. Upon such termination by
either party, all amounts owed to Company shall become
immediately due and payable.
(b) The parties agree that Customer's failure to pay any
undisputed Fees is a material breach of this Agreement. In the
event of Customer's failure to pay or other material breach of this
Agreement, Company may immediately terminate this
Agreement, the Software License Agreement, and any other
agreements between the parties, for cause, provided that
Customer has failed to cure the breach within sixty (60) days' of
receiving notice of such breach from Company. Upon such
termination, Customer shall immediately cease all use of the
software and Hardware, and Company may terminate
Customer's access to the software. Company may require that
Customer return the Hardware to Company and/or allow
Company access to Customer's facility to retrieve the Hardware.
Such termination shall not relieve Customer of its obligation to
immediately pay all amounts then due to Company.
11. Government Contracts.
11.1 In the event that Company shall perform Services under
this Agreement in connection with any government contract in
which Customer may be the prime contractor or subcontractor
for a government contract, Company agrees to abide by all
laws, rules and regulations relating to said government
contract; provided that Customer provides a copy of the
contract to Company prior to execution of this Agreement.
11.2 Company advises that, to the extent allowed by law, the
resultant contract terms and pricing may be extended to other
State of Indiana jurisdictions, public entities, political
subdivisions and government cooperative purchasing group(s)
whose processing requirements, applications, specifications
and standards coincide with the processing requirements,
applications, specifications and standards herewith. The
extension of this contract to any entity is at the sole discretion
of Company. A qualified entity choosing to join this contract
shall execute a separate contract with the specifications,
pricing, terms and rights provided herewith, directly between
the entity and Company, and shall commit a separate purchase
order and pay for supplies and services by means of their
individual accounting and purchasing departments. Any
processing requirements, applications, specifications and/or
standards not covered herewith will be developed and priced
separately, based on the entity's additional requirements and
specifications, and appended to the new resultant
contract. The entity shall deal directly with Company
concerning the placement of orders, invoicing, contractual
disputes and all other matters. Failure to extend this contract
to any entity shall have no effect on the consideration of
Company's current bids or agreements.
12. General Provisions.
12.1 Governing Law; Jurisdiction.
This Agreement will be governed by and construed in
accordance with the laws of the State of Indiana, without
reference to its conflicts of law provisions. The United Nations
Convention on Contracts for the International Sale of Goods
does not apply to and shall not be used to interpret this
Agreement. Any action or proceeding arising from or relating to
this Agreement must be brought in the federal or state court
located in St. Joseph County, Indiana.
12.2 Severability.
If any provision of this Agreement is unenforceable, such
provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full
force and effect. Without limiting the generality of the foregoing,
Customer agrees that 5gq�qn 7 will remain in effect
notwithstanding the unenforceability of any provision in Section
6.
12.3 Notices.
All notices, consents and approvals under this Agreement must
be delivered in writing by courier, by electronic facsimile (fax), or
by certified or registered mail (postage prepaid and return receipt
requested) to the other party at the address set forth beneath
such party's signature, and will be effective upon receipt or three
(3) business days after being deposited in the mail as required
above, whichever occurs sooner. Either party may change its
address by giving notice of the new address to the other party.
12.4 Force Majeure.
Any delay in the performance of any duties or obligations of
either party (except the payment of money owed) will not be
considered a breach of this Agreement if such delay is caused
by a labor dispute, shortage of materials, fire, earthquake,
flood, or any other event beyond the reasonable control of such
party, provided that such party uses reasonable efforts, under
the circumstances, to notify the other party of the
circumstances causing the delay, to mitigate the harm or
damage caused by such delay, and to resume performance as
soon as possible.
12.5 Attorneys' Fees.
In the event of a dispute between Customer and Company
concerning this Agreement, the prevailing party in the litigation
shall be entitled to recover its reasonable attorneys' fees and
expenses from the other party.
12.6 Injunctive Relief.
A breach of any of the representations, warranties, or covenants
contained in this Agreement will result in irreparable and
continuing damage to Company for which there will be no
adequate remedy at law, and Customer acknowledges and
agrees that Company is therefore entitled to seek injunctive relief
to restrain a breach or threatened breach of this Agreement or to
specifically enforce this Agreement, without proving that any
monetary damages have been sustained and without the
requirement of posting a bond or other security. The foregoing
equitable remedy will be deemed to be non-exclusive and in
addition to all other remedies available at law or in equity. All
rights and remedies are cumulative and may be exercised
singularly or concurrently.
12.7 Survival.
Sections 5, 6.4, 7.2, 8, 9,10, and 12 and the rights and obligations
therein will survive termination of this Agreement for any reason.
12.8 Waiver.
All waivers must be in writing. Any waiver or failure to enforce
any provision of this Agreement on one occasion will not be
deemed a waiver of any other provision or of such provision on
any other occasion.
12.9 Authority.
Any person executing this Agreement in a representative
capacity in so signing this Agreement acknowledges his or her
authority to do so and his or her authority to bind the entity on
whose behalf the Agreement is signed.
12.10 Entire Agreement.
This Agreement and the attached Exhibits A and B, which are
Incorporated into and made a part of this Agreement by this
reference, constitute the entire agreerrk' t between the parties
regarding the subject hereof and supersedes all prior or
contemporaneous agreements, understandings, and
communication, whether written or oral. This Agreement may
be amended only by a written document signed by both parties.
The terms on any purchase order or similar document
submitted by Customer to Company will not modify the terms
and conditions of this Agreement or have any force or effect.
12.11 Counterparts.
This Agreement may be signed in one or more counterparts,
each of which will be deemed to be an original copy of this
Agreement, and, when taken together, shall be deemed to
constitute one and the same agreement. Each party agrees that
the delivery of this Agreement by facsimile transmission or by
PDF attachment to an e-mail transmission will be deemed to be
an original of the Agreement so transmitted and, at the request
of either party, the other party will confirm facsimile or e-mail
transmitted signatures by providing the original document.
[Signature Page Follows]
In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized representative.
Selectron Technologies, Inc.
By: Todd A. Johnston
Signed:
Customer:
By:
jWjFJWVED
Signed: of Nkft&-XQ21w
Title: President Title:
Date:
Date:
Address: 12323 66th Avenue Address:
Portland OR 97223
Exhibit A
SCOPE OF WORK
PRICING DETAILS
Unit Cost Total Cost
.
RELAY UTILITY IVR
.,
_.,
Relay Platform
$10,000
Channel Integration
S10,000
Utility Pack
$15,000
12 Production Voice Ports
$2,000 $24,000
Delinquency Notification
$5,000
Utility Acct Collection Notification
$5,000
Utility Acct Termination Notification
$5,000
Outbound Channel License
$8,500
Virtual Server Configuration
$5,500
Ph# Entry for Acct Retrieval
$12,000
RELAY MIGRATION TOTAL
$100,000
NEW ADD-ONS
Customer Survey
$7,000
Host Conversion to EnQuesta
$20,000
SMS Annual Bundle (20,000 Messages)
$6,000
Payment Extension
$8,500
NEW RELAY ADD-ONS TOTAL
$41,500
DISCOUNTS
Relay Conversion Discount
) (),()00)
New Add-ons Discount
)$ 20, 750)
DISCOUNTS TOTAL
)$90,750)
TOTAL COSTS
Relay Update
$30,000
New Add-ons
$20,750
FIRST YEAR COST
$50,750
Support and Maintenance 2020 (Includes ProMonitor)
$26,500
Support and Maintenance 2021(includes ProMonitor)
$26,500
Support and Maintenance 2022 (Includes ProMonitor)
$26,500
Pricing provided based on 3-year agreement. Support and Maintenance pricing does not
include additional annual SMS Message bundles. Support and Maintenance provided under terms
and conditions of Support and Maintenance Agreement signed by Customer October 12, 2009.
Required Items Not Included with Relay
• Phone lines & network service required to support the installation
• Required application database interface (please contact Systems and Software to purchase, if
applicable)
• Application database interface components must be installed and tested prior to development
Relay does not include merchant account provider or payment gateway costs or associated fees
Notes
• Relay platform will be implemented for City of South Bend as an on -premise solution..
• Required Components to be Provided by the City:
• Host Server Virtualization Environment: VMWare ESXi 5.1 (or newer)
r Server Image Specifications:
o Windows 2012, R2 (License to be provided by the City)
0 250 GB Hard Drive
o Quad -Core Intel Processor, 16 GB RAM
City of South Bend will be responsible for installing the virtual server in the
agreed upon supported environment.
Channel Integrations
Application Database Integration: S&S EnQuesta
o A Standard Application Database is defined as an Application Database that exposes the
needed data and transaction business rules via an Application Programming Interface
(API). All functionality listed in the Application Packs is contingent on the accessibility of
the data and business logic from the Application Database via an API.
• Payments/Payment Processor: USA ePay
• PBX/ACD/Data Integration: Cisco/VolP
o Standard SIP, analog or digital integration. Requires media gateway for non -SIP
implementations.
SELECTRON PRODUCT AND SERVICE PRICING & PAYMENT
INFORMATION
Pricing does not include the additional application integration charges that may be required as
part of this solution. This includes Application Vendor API, user, or implementation fees,
additional licensing feeds, or other surcharges directly or indirectly charged by or remitted to the
Application Vendor.
Payment Terms
Receipt of Purchase Order by the Customer will constitute acceptance of the terms and
conditions utilized in the Professional Services Agreement executed with the initial purchase of
your interactive system.
Customers will be invoiced 45% of Total Investment amount upon receipt of a Purchase Order
and 55% of Total Investment amount when the products purchased are delivered and made
available to customer for testing.
Selectron Technologies expects payment to occur within 30 days of receipt of invoice unless
otherwise agreed to in the contract or purchase order terms and conditions. All presented pricing
is in US Dollars.
PremierPro On -going Support
An active Support and Maintenance Agreement and all applicable fees are required as
qualification for the discounted pricing offered in this quote. Based upon evaluation of the items
contained in this quote, Support and Maintenance fees will be adjusted upon the renewal of the
active Support and Maintenance Agreement.
Taxes
Sales Tax or any other applicable taxes are NOT included in any of this proposal's pricing
information. If taxes become applicable, these taxes will then need to be added to the proposed
pricing.
Vendor Information
Selectron Technologies, Inc.
12323 SW 66th Avenue
Portland, Oregon 97223
Phone:866.878.0048 1 Fax:503.443.2052
Exhibit B
STATEMENT OF WORK
Selectron
TECHNOLOGIES, INC
Statement of Work
South Bend, IN
1. Overview......................................................................................................2
1.1. Revision History................................................................................................................ 2
2.
Functionality.................................................................................................3
2.1. The Relay Platform.... ..... ................. ............. --- .....,.. .,,...,,. ,...,.......... ......... .....
. 3
2.2. Utility Pack ....................... ......... ......... ......... ......... ......... ......... ...... ............ .........
3
2.3. Relay Outbound .... .................... ....... .......... ................... ...,........,....... ...- ..... .......
, 5
2.4. Payment Processing....................................................a.................,..........,.,.............,...„..
6
2.5. Languages ............. ......... ......... ......... ......... .................. »..,.... ,...........,,,... .,,..,,.,
7
3.
System Integration........................................................................................8
3.1. Application Database Interfaces ............... ............. —... .............. .....,.............. ......,...... ...„
8
3.2. Payment Gateway Interfaces .................... ............... ............ w,.,,.... ,...,,., ,.,,,,............
8
4.
Deployment Model.......................................................................................8
S.
Administrative Tasks......................................................................................9
5.1. Run System Reports ........ ...................... ......... .................. ......... .......... ..... ............9
5.2. Schedule Outbound Campaigns.......................................................................................9
6.
Responsibilities...........................................................................................10
6.1. Selectron Technologies, Inc......... .. .................. ....... ........ ..,...,....... ......... ..µ...,.......,,..
10
6.2. South Bend, IN ................. .........,.......... .....,,,. ............,,., . ,,......
12
1. Overview
This Statement of Work (SOW) outlines the services provided by Selectron Technologies, Inc.
(Selection) to South Bend, IN (South Bend or Customer). This includes a migration from the
Customer's existing Gen4 VoiceUtility system to the Relay platform and a host conversion from
Navil-ine to S&S EnQuesta. The features, functionality, and services are provided through Selectron
Technologies' Relay communication platform (Relay).
June 4, 2019
Revision History
1.0 1 Initial Release 1 6/4/2019
Page 2 of 13 Trusted Solutions.
Real 'Value.
2. Functionality
This section details the functionality of each application included in Relay. All functions and features
are dependent upon the accessibility of South Bend's S&S EnQuesta application database to provide
the given data to Relay.
2.1. The Relay Platform
South Bend's solution is powered by Selectron's Relay platform. Relay is a multi-
channel, multi -agency platform that is designed to connect customers, constituents, and
field workers to government agencies and utilities. Relay offers interactive voice
response (IVR), web, mobile, outbound, call center agent, and field worker capabilities
all in a single platform.
The following sections detail the functionality that will be implemented for South Bend.
Additional channels, applications, and integrations that are not specified in this SOW are
not included, but may be able to be added to the system under a supplemental
statement of work. Please contact your Selectron representative for more details for
additional functionality.
2.1.1. Application Packs and Channels
South Bend's solution includes the following application pack and channels:
• Application packs:
o Utility Pack
• Channels:
o IVR
o Outbound
2.2. Utility Pack
South Bend will be configured with the Utility Pack. The Utility Pack offers South Bend's
customers with a central point of access for account management and payments.
Citizens will be able to enter an account number and access account data and activities,
including:
• Current balance owed
• Last billing date and amount (up to last 6)
• Last payment date and amount (up to last 6)
• Next billing date
• Payment Processing — Credit Card
In addition to the above, the following add on features are included with this
implementation of the Relay Utility Pack:
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• Survey
• Payment Extensions
• Phone Number Account Lookup
All account information is made available through an API to the S&S EnQuesta
application database. For any of the features detailed below to function as described,
data must be available in this database to be presented to users.
2.2.1. IVR Channel
The IVR Channel for the Utility Pack provides callers with an Interactive Voice Response
(IVR) system for accessing account information and making payments over the phone.
Citizens can call the Utility IVR channel in order to hear account information and to
make a payment. Citizens will access their account using an account number. The IVR
validates this data against the S&S EnQuesta application database. Once the account is
validated, the IVR will speak the service address, followed by the current balance owed
and due date. During the kickoff phase of the implementation project, Selectron and
South Bend will need to determine the exact terminology and methodology around
presenting 'current' and 'delinquent' amount due to the user. The caller will then be
given the option of making a payment. If no payment is due, then the IVR will speak that
there is currently no payment due.
Using the IVR, callers will also be presented with other options, as listed under Utility
Pack, above.
Callers will also be able to transfer to an agent. If a caller requests a transfer, the IVR
performs a transfer to a number specified by South Bend.
2.2.2. Add Ons
The following Add Ons are included with South Bend's Utility Pack. These add ons
provide additional functionality for the channel(s) purchased as part of this Relay
solution.
2.2.2.1. Survey
The Survey module allows South Bend to provide a simple survey to users.
When a user elects to complete the survey, they will be asked a series of
questions as configured by South Bend during the implementation process.
Selectron will work with South Bend to determine the number (up to ten) and
type (yes/no or rating of 1-5) of questions to ask the caller. Once configured,
South Bend will be able to update the content of a question, but cannot change
the question type or add/remove questions. More complex changes to the
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Survey, including changing the number of and types of questions will require
professional services.
Purchase of the Survey module includes a Survey widget on the Relay Portal for
viewing survey results.
2.2.2.2. Payment Extensions
The Payment Extensions module allows South Bend to provide eligible account-
holders with an extension on their due date. Relay will check to see if the
account is eligible, and if it is, will allow the user a payment extension. Relay
checks the business rules of the S&S EnQuesta application database to
determine eligibility and specifics of the extension — any further logic or special
business rules needing to be enforced by Relay will result in additional
professional services. Additional requirements should be communicated during
the kickoff phase of the project implementation.
2.2.2.3. Phone Number Account Lookup
South Bend citizens will have the option to enter their phone number, rather
than their account number, to lookup information on their account. This option
will be made available at the beginning of the IVR prompt.
2.3. Relay Outbound
Relay Outbound provides South Bend with a multi -channel outbound communication
platform capable of sending voice, SMS, and email messages to citizens. Two kinds of
notifications can be sent: Targeted Notifications, which include dynamic account data
and are designed to be sent to specific recipients; and Static Notifications, which do not
include customer -specific data and are designed as more 'general information' style
messaging. Static Notifications can be designed and recorded by South Bend staff using
the Relay Portal.
South Bend's Relay Outbound will include targeted notification messaging in the
following language(s): English, Spanish. Additionally, recipients receiving a call due to
payments owed will have the option of requesting a transfer into the IVR Channel to
make a payment.
Dynamic Notifications require development and are designed during the
implementation process. This project includes the following Dynamic Notifications:
Bill Delinquency Notification
• Utility Account Collection Notification
• Utility Account Termination Notification
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2.3.1. Bill Delinquency Notification
The Delinquency Notification is used to warn citizens that their account is delinquent. It
includes the following customer -specific data: account number, delinquent amount, and
due date.
2.3.2. Utility Account Collection Notification
The Utility Account Collection Notification is used to notify customers who are
delinquent on their bills that their account will be sent to collections.
2.3.3. Utility Account Termination Notification
The Utility Account Termination Notification is used to send customers a notice before
their utility account is terminated due to delinquency.
2.3.4. Static Notifications
South Bend will be able to send Customer -defined static notifications to citizens via
phone, email, or SMS text. South Bend is responsible for defining and configuring these
notifications, which can be done via the Relay Portal. Training for configuring and
recording static notifications will be provided at the end of the implementation process.
2.4. Payment Processing
The Relay solution can be configured to accept credit card payments, allowing citizens to
make payments. The payment processing engine is a PA-DSS-Verified payment system
that does not retain any payment information. Users will need to enter their payment
information for each transaction.
The Relay payment application interacts with USA ePay to provide payment
functionality. Users will need to authenticate and provide valid payment information in
order to make a payment. Relay validates the user's payment information before
passing it to the payment gateway. When a payment is reported as successful, Relay will
post an update to South Bend's S&S EnQuesta application database in real time (as long
as an API for such an update is available).
South Bend will be able to take payments from citizens via the following payment
methods:
• Credit Card
2.4.1. Credit Card
The interactive solution accepts Visa®, MasterCard®, Discover®, and American Express®.
South Bend can elect to accept all or a subset of these card types. Any credit card types
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not accepted by South Bend will not be accepted by the solution. When taking a
payment, Relay verifies the credit card number and expiration date. For more security,
South Bend can choose to verify the card holder's zip code and/or security code. All
credit card transactions are sent through the designated payment gateway.
2.4.2. Add Ons
The following payment add ons are included in South Bend's Relay solution.
2.4.2.1. Payment Extensions
This module allows users to apply for an extension on their due date. The
number of days out a citizen can extend is governed by the business rules
enforced by the S&S EnQuesta and is determined at the onset of system
implementation. When a user requests a payment extension, the system will
determine their eligibility via a flag in the S&S EnQuesta system.
If the account is not eligible, the user is informed. If the account is eligible, the
system determines the date to which the payment can be extended and informs
the user. If the user accepts the new date, the system writes the new due date
to the account record. The system reports the new date to the account holder.
The payment extensions functionality requires that the S&S EnQuesta database
interface allows the interactive solution to extend the due date.
2.5. Languages
The Customer's Relay application will be configured to support English and the following
other language(s):
w Spanish
The additional language module(s) enables the solution to support non -English -language
users. Additionally, all dates, numbers, ordinals, currencies, and letters are translated
(and voice recorded) to the proper language.
The professionally -recorded prompts use a vocabulary and dialect predetermined by
Selectron. Additions and changes to the prompts to account for regional differences are
subject to time and materials billing.
South Bend will be able to define a transfer destination for each language available on
the IVR.
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3. System Integration
Depending on the implemented features, Relay requires varying levels of integration with other
South Bend components. These are described in the following sections.
3.1. Application Database Interfaces
It is anticipated that Selectron will be integrating with South Bend's S&S EnQuesta
application database. All data -based interactivity on the solution is reliant upon data
being available via the application vendor APIs.
During the implementation phase, if data elements are identified as necessary but are
not available via the included APIs, the project will be impacted. This may affect the
implementation timeframe and will result in additional professional services fees.
3.2. Payment Gateway Interfaces
For payment processing, Relay will be integrating to USA ePay. Integration to the
payment gateway initiates the collection and reconciliation of the payments being
gathered by the department.
The following payment processing fees and services are not covered by the purchase of
the application:
• Transaction fees
• Merchant accounts
• Third -party payment processing services, fees, and software
4. Deployment Model
This implementation of Relay will be deployed on premise at South Bend.
For virtual or physical servers, relay requires these minimum specifications:
• Quad -Core Intel Processor
• 16gb RAM
• 250gb RAID 5 drives
• MS Windows 2012 R2, 64-bit
• ESXi v5.1 (or newer)
If the customer is providing SQL:
• Microsoft SQL Server 2008 or 2012
South Bend's solution is licensed for:
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• Twelve (12) Vol P/SIP IVR ports
• 20,000 outbound SMS messages
5. Administrative Tasks
This section details administrative tasks that can be performed in order to manage Relay. All system
administration for Relay is handled through the Relay Portal web application. An administrator from
South Bend will be provided with user credentials for the Relay Portal application during the
implementation process. Additional users can be created by the administrator as needed.
Permissions can be assigned on a per -user basis; permissions govern the functionality available to a
given user.
The Relay Portal provides South Bend administrators with a single platform for viewing system
usage and health, running reports, and configuring various system settings. The Relay Portal is
supported on all modern, "evergreen" browsers including: Chrome, Firefox, IE10+, Microsoft Edge,
and Safari.
5.1. Run System Reports
South Bend administrators will be able to run system reports via the Relay Portal.
Reports that can be run by the administrator include:
0 Payment Summary
• Payment Detail
• Payment By Day
• System Status
• Campaign Summary
• Campaign Detail
• Survey Summary
• Survey Detail
• Call Statistics
• Call Activity
• Call Detail
• Outbound Statistics
5.2. Schedule Outbound Campaigns
Using the Relay Portal, administrators can create, edit, and review outbound campaigns
made using Relay Outbound. Each instance of an outbound campaign must be
scheduled individually. This includes selecting the type of notification, the date/time of
delivery, and (for static notifications) the configuration of the message.
The administrator will also need to upload a contact list in .csv format for the
notification. The exact formatting of the .csv file will vary depending on the notification
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being scheduled. Selectron will provide South Bend with example .csv files for the
configured notifications included in this project, as well as assistance in generating the
outbound call list.
6. Responsibilities
6.1. Selectron Technologies, Inc.
This section outlines Selectron Technologies' responsibilities regarding service initiation
and operation.
6.1.1. Provide Project Management
Selectron Technologies assigns a Project Manager to the service implementation. The
Project Manager is the Customer's primary contact at Selectron Technologies and
coordinates all necessary communication and resources.
6.1.2. Provide Documentation
The Project Manager provides the Customer with the following documents to help
facilitate the service implementation process:
• Implementation Questionnaire- gathers critical information needed to
setup and initiate the service. This includes information on the toll -free
numbers, call volume, APIs, account validation information, and the types
of payments being gathered.
• Remote ,AccessQuestionnaire- details information needed by Selectron
Technologies to remotely access the Customer's network and application
database, prior to system initiation, to allow for complete system testing.
• Implementation Timetable- details project schedule and all project
milestones.
• Quality Assurance Test. Plan- assists the Customer in determining that the
interactive solution is functioning as specified in the Contract.
• Service Acceptance Sign -off Form- indicates that the Customer has verified
service functionality.
6.1.3. Develop Channel Design
The Project Manager works with the Customer to develop and complete the following
portions of channel design:
• IVR call flow design
Outbound messaging configuration
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Software development cannot begin until these design elements are completed and
approved by the Customer.
6.1.4. Perform Quality Assurance Testing
Selectron Technologies thoroughly tests all applications and integration points prior to
initiation, ensuring system functionality. This includes data read from and written to the
application database and the general ability for a customer to successfully access live
data and complete a transaction.
6.1.5. Provide Installation and Administrative Training
Selectron will provide two days of onsite installation and training for South Bend's Relay
solution.
6.1.6. Provide Marketing Materials
Selectron Technologies provides marketing collateral that the Customer can use to
promote the interactive solution to citizens. Marketing collateral includes a poster, tri-
fold brochure, and business card; standard templates for each item are used. Collateral
is provided to the Customer in PDF format (original Adobe InDesign files are provided
upon request).
Marketing collateral will be provided for each department included in this project.
Selectron Technologies' Project Manager will assist in gathering the correct information
to be displayed on the marketing collateral. Information displayed includes the
following:
• IVR phone number(s)
• Department logo (preferably in EPS format)
• Department address
• A description of functionality
• Additional contact/informational phone numbers
• Samples: where to find account/ permit/ case numbers, etc.
Any changes to the collateral that do not include the items listed above (e.g., design
changes to the template) are billed on a time and materials basis. Any changes to the
marketing materials after final delivery are also billed on a time and materials basis.
6.1.7. Interface Upgrades
After service initiation, South Bend's S&S EnQuesta database application may release
new updates to their application or its interface. Upgrading the Relay interface to be
compatible with any South Bend application database (or other application database
software) may require professional services outside the scope of this service.
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6.2. South Bend, IN
This section outlines the Customer's service implementation and maintenance
requirements and responsibilities.
6.2.1. Return Questionnaires and Information
Selectron Technologies' Project Manager provides South Bend with an implementation
questionnaire. The implementation questionnaire must be returned prior to developing
the call flow design and the implementation timetable.
6.2.2. Provide Customer Specific Information
The following information should be supplied to Selectron Technologies, in conjunction
with the Implementation Questionnaire, to help create a precisely integrated product.
For further clarification on the format and detail of the following data, refer to the
Implementation Questionnaire or contact your Selectron Technologies' Project
Manager.
• Street names
• Observed holidays
• Extensions used for transfer functions
• Utility account numbering scheme
• Validations used for receiving payment on a utility bill
6.2.3. Approve Channel Configuration
The Customer is responsible for approving the application design developed by
Selectron Technologies' Project Manager. This includes reviewing:
• Call flow for the IVR solution
• Outbound messaging format
Once the channel design(s) have been approved, software development begins.
6.2.4. Provide Remote Network Access to Application Database(s)
In order to fully test the interactive solution, Selectron Technologies requires access to
South Bend's application database(s) prior to installation. Selectron Technologies'
Project Manager provides a Remote Access Questionnaire to help South Bend identify
the necessary requirements.
If remote access is not granted, the Customer should inform the Project Manager
immediately. While system installation can be successful without prior access to the
database, additional, post -installation development and testing time will be necessary,
significantly delaying system activation.
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6.2.S. Provide System Access
Selectron Technologies requires access to the Customer's network and database/
system. Changing or deleting access accounts could lead to disruption in service for the
interactive solution and/or Selectron Technologies' ability to provide timely support.
Please notify Selectron Technologies immediately if the accounts for the Application
Database, payment gateway or network are modified. South Bend is responsible for
providing Selectron with appropriate application database and payment gateway
network access as defined in the System Integration section.
6.2.6. Confirm Service Functionality
South Bend, IN has 30 calendar days after service initiation to verify the functionality of
the interactive solutions. Within the 30-day system acceptance period the Customer
should test system functionality using the provided Quality Assurance Test Plan.
Additionally, the System Acceptance Sign -off form must be sent to Selectron
Technologies' Project Manager within this period.
6.2.7. Contact Customer Support
Anytime the Customer requests a significant change to their Selectron interactive
solution, an authorized contact from the agency must provide acknowledgement to
Selectron's Customer Support Department. A significant change is a modification that
will A) change system behavior, B) allow users to change the system, or C) allow access
to protected data.
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BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
6-27-19
Kim Thom
5969
BPW Date 7/23/19 Phone Extension 5969
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Project Name
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Funding Source Water and Wastewater O&M, IT maintenance and support
Account No.
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Amount $50,750 and
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Terms of Contract _
Purpose/Description LUpgrade to new platform in coordination with Enquesta implementatiol
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