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Contract 32652
f SECRETARY/'),, CON cJ i' TRACT NO. AGREEMENT This PURCHASE AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (hereinafter referred to as the "City" or "Client"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Richard Zavala, its duly authorized Assistant City Manager, and DAISI SYSTEMS & SERVICE, INC. ("DAISI") a Texas corporation and acting by and through D. Maurice Collins, its duly authorized President. In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1. Description of Services. DAISI hereby agrees to provide and the City hereby agrees to purchase the DAISI IQ software Interactive Voice Response (IVR) System with the functionality to access caller citation status, citation options, alternative sentencing options and payment options over the telephone, including purchasing and maintaining the telephony server, voice card, operating system and peripherals necessary to support the DAISI IVR application. A Description of the Services to be provided by DAISI is set forth in Exhibit "A," which is attached hereto and hereby incorporated and made a part of this Agreement for all purposes herein. 2. Support and License. DAISI hereby grants to the City an irrevocable "License to Use" the DAISI IQ software for the duration of this Agreement for the purposes for which it was originally designed. DAISI and the City have agreed to terms as set forth in the Scope of Support Services & License Agreement, Exhibit "B," which is attached hereto and hereby incorporated and made a part of this Agreement for all purposes herein. 3. Term. This Agreement shall commence upon the date that both the City and DAISI have executed this Agreement ("Effective Date") and shall continue in full force and effect until completion of the project, unless terminated earlier in accordance with the provisions of this Agreement, or when the City provides DAISI with written notice that DAISI has fulfilled its obligations under this Agreement and that DAISI's services are no longer required. 3 Compensation. The City shall purchase software from DAISI in an amount not to exceed $32,079.50 in accordance with the provisions of this Agreement as set forth in Exhibit "C." The City agrees to pay 40% of the total amount upon execution of this agreement, 40% upon installation, and the remaining 20% upon completion. DAISI shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of DAISI not specified by this Agreement unless the City first approves such expenses in writing. 4. Termination. The City or DAISI may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify DAISI of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein DAISI IVR AGREEMENT CITY OF FORT WORTH agreed upon for which funds shall be been appropriated. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay DAISI for services actually rendered as of the effective date of termination and DAISI shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 5. Disclosure of Conflicts and Confidential Information. DAISI hereby warrants to the City that DAISI has made full disclosure in writing of any existing or potential conflicts of interest related to DAISI's services and proposed services with respect to the Description of Services. In the event that any conflicts of interest arise after the Effective Date of this Agreement, DAISI hereby agrees immediately to make full disclosure to the City in writing. DAISI, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City or any customer as confidential and shall not disclose any such information to a third party without the prior written approval of the City. DAISI further agrees that any customer credit card information it receives will solely be used as pass through information to the financial institution for processing of payment. Customer credit card information will not be retained, analyzed, or sold to any other party, whether such party is a DAISI subsidiary or not. 6. Right to Audit. DAISI agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the DAISI involving transactions relating to this Agreement. DAISI agrees that the City shall have access during normal working hours to all necessary DAISI facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give DAISI reasonable advance notice of intended audits. DAISI further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that DAISI shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, DAISI shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. DAISI acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and DAISI, its officers, agents, employees, servants, contractors and subcontractors. DAISI further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and DAISI. 8. Warranty. This waiver supersedes any warranties stated or implied related to the hardware and OS maintenance and support described in the DAISI Description of Services. DAISI IVR AGREEMENT i j :�i r,P. 4 e`tt CITY OF FORT WORTH CIU`l �i LP.LIU,PI! The City, and DAISI agree to mutually support the DAISI IVR system for the benefit of the City's Municipal Court as described herein. DAIS[ holds harmless and waives any responsibility by the City for interruption of service due to industry accepted OS upgrades or patches as well as anti- virus updates. DAISI warrants that as of this date, no known conflicts exist that would cause any interruption of service due to OS upgrades or patches or anti-virus update. Should an issue arise, the City and DAISI will work together at no charge to the City to restore services where a patch, anti-virus update, etc cause a problem, that DAISI will also work toward fixing any application issues with the problem fix or update so that it may be installed in the future so as not to leave the server vulnerable to attack. Should any such interruption occur in any other system in the DAISI install base, DAISI shall immediately notify the City as to nature of the occurrence. The warranty described in this paragraph shall be in lieu of any other warraanty, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. 9. Liability and Indemnification. DAISI SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF DAISI, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. DAISI COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO DAISPS BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF DAISI, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. In no event shall DAISI be liable for special, incidental, consequential, or indirect damages for personal injury, loss of profits, business interruption, loss of business informationarising out of the use of, or the inability to use, the product and services made the subject of this Agreement. 10. Insurance. DAISI shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 11.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Property damage $500,000 Bodily injury per person per occurrence DAISI IVR AGREEMENTlsSyv6;�)DD CITY OF FORT WORTH i(' % 1'j P7 Coverage shall be on any vehicle used by the DAISI, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non- owned (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Technology Liability (E&O) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Technology coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Technology E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. 11.1 Certificates. Certificates of Insurance evidencing that the DAISI has obtained all required insurance shall be delivered to the City prior to DAISI proceeding with any work pursuant to this Agreement. All policies shall include Waivers of Subrogation in favor of the City. Policies shall also be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto DAISI's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the r( N✓Y �i`1��!'i� �'rr[ I1', 0 2:V DAISI IVR AGREEMENT CITY OF FORT WORTH u S 5 4 � C}'JUcUj9 �js��o same address. 11. Bonds. 11.1 Performance Bond. DAISI shall provide the City with a performance bond to guarantee DAISI's performance of the terms and conditions of this Agreement. The bond shall be in the amount of $ 300,000. A corporate surety authorized to do business in the state of Texas or otherwise acceptable to the City shall execute the bond. The form of the bond is shown as Exhibit "D" attached hereto. 11.2 Fidelity Bond (or Commercial Crime). DAISI shall provide a Fidelity Bond, or Commercial Crime policy, in the amount of $250,000 per occurrence. Either is acceptable if coverage meets all other requirements. The City is to be protected against losses of money or property due to acts of fraud and/or dishonesty of DAISI's employees, officers, directors, agents, or representatives. Such acts of dishonesty shall include but not be limited to theft, forgery, larceny, or embezzlement. If separate Insuring Agreements are written, the policy must include Employee Theft or Dishonesty, Computer Fraud and Funds Transfer Fraud. This coverage must be kept current at least six (6) months after the date of final payment under this Agreement. 12. Assignment and Subcontracting. DAISI shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants such consent, the assignee or subcontractor shall execute a written agreement with the City under which the assignee or subcontractor agrees to be bound by the duties and obligations of DAISI under this Agreement. 13. Compliance with Laws, Ordinances, Rules and Regulations. DAISI agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies DAISI of any violation of such laws, ordinances, rules or regulations, DAISI shall immediately desist from and correct the violation. 14. Non-Discrimination Covenant. DAISI, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of DAISI's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by DAISI, its personal representatives, assigns, subcontractors or successors in interest, DAISI agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 15. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: DAISI IVR AGREEMENT CITY OF FORT WORTH To The CITY: To DAISI: City of Fort Worth Municipal Court DAISI Systems & Services, Inc. Attn: Lonnie Munoz Attn: D. Maurice Collins 1000 Throckmorton P. O. Box 5605 Fort Worth TX 76102-6311 Katy, Texas 77491 Phone: (817) 392-6727 Phone: (800) 324-7401 Facsimile: (817) 392- Facsimile: 16. Solicitation of Employees. Neither the City nor DAISI shall, during the term of this agreement and additionally a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer. 17. Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 18. No Waiver. The failure of the City or DAISI to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or DAISI's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. Choice of Law / Venue. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 21. Force Majeure. The City and DAISI shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 22. Headings Not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. DAISI IVR AGREEMENT CITY OF FORT WORTH 6 23. Entirety of Agreement. This Agreement, including the schedule of Exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and DAISI, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. IN ITNESS WHERE F, the parties,hereto have executed this Agreement in multiples this r�day of CITY OF FORT WORTH: DAISI SYSTEMS & SERVICE, INC. By: By: (name) ssistant City Manager (title) Date: -a O% Date: 2 J o� ATTEST: ATTEST: 1 By: By: C. • City Secret APPROVED AS TO FORM AND LEG(ALI DTY: By: — /�b� - Assistant ity Attorney Date: Ie d c)S M&C: 9 Date: Q( ( 'J 1 Dz- DAISI IVR AGREEMENT JAI, CITY OF FORT WORTH EXHIBIT A DESCRIPTION OF SERVICES A. IQ Voice System Description. The DAISI IQ Voice (IVR) system is the platform that answers telephone calls. IQ core software allows a single hardware solution to provide simultaneous IVR service to multiple callers and agencies. The IQ Voice Interactive Voice Response system fully integrates with all necessary CourtView databases to access caller citation status, citation options, alternative sentencing options (Defensive Driving, show proof of correction) and pay now options. Upon conclusion of the call, all appropriate CourtView databases will be automatically updated and a record of the call and transaction (if any) will be created. DAISI IQ Voice is a Micro Computing System. DAISI uses standard telephone lines, digital lines or analog extension ports. Audio information regarding payment procedures, addresses, hours of operation, and department information may be included as entry options. The caller may exit the system for optional operator assistance by pressing ZERO at any time. The DAISI IVR may also be used for automated attendant services. Installation shall include all necessary hardware, operating software, application software, voice interface software and cards, voice prompts (as directed by the City), system speech, cables and connectors. The Client shall provide a suitable area for the hardware to reside. It is preferred that the IVR be located in a common equipment rack with the client server. The City shall provide access to the City of Fort Worth telephone system in close proximity to the location of the IVR. The IQ Voice core and application software will be installed by DAISI on a hardware platform as described herein and purchased by the City. The final platform configuration will be agreed upon by DAISI and the City prior to installation. DAISI shall provide interface programming to the CourtView data server. The IVR will poll the system for individual records, accept those records and speak the information to the caller. Where applicable, the IVR will offer an electronic payment option. At the termination of the call, the IVR will log the transaction as described by the Client. The City shall purchase a Dell 2850 server suitable for the purpose of supporting the DAISI IVR application. DAISI recommends and the City agrees to purchase a Dialogic D/120JCT-LS-U voice card and software. The City shall be responsible for the maintenance of the server and voice card. DAISI shall not be responsible for any interruption of service due to hardware failure or maintenance. As part of the installation, DAISI shall direct and assist the City in the installation and configuration of the server, voice card, data connection and phone line connection. DAISI shall be responsible for the installation and configuration of the DAISI core software and application programs. DAISI IVR Agreement Cityof Fort Worth lei F_•G'1 ��i! Exhibit"A" Description of Services B. Functions of the Software. The IVR software shall perform all functions necessary to: 1. Prompt callers to identify a language (English/Spanish) 2. Respond in the language of choice 3. Prompt the caller to select various touch-tones to guide the caller to an area of interest 4. Identify the caller by a personal ID number, license number, permit number or other identifier 5. Speak the information obtained from the database. (Amount due, date due and other relative information) 6. Prompt the caller for payment 7. Process payment through Protegee Payment Service 8. Retrieve the appropriate information messages, voice prompt or system speech as required by the position of the caller in the application 9. Operate Crystal Reporting Utility 10. Where appropriate, transfer a caller to a live operator 11. Ultra Record- records informational messages, schedules activation/deletion in the future (this function will allow the City to change and update voice recordings when necessary) 12. Allow for emergency override message utility 13. Nuance Voice Recognition, Text to Speech and Speaker Authentication optional C. Voice Recordings. DAISI shall provide high quality voice recordings for the IVR system as follows: 1. Information Messages. Information messages shall be reviewed and approved by the City. These messages shall include but not be limited to procedures, requirements, and directions. 2. Voice prompts. DAISI will provide messages that guide or instruct a caller in the actions to be taken to achieve a particular result. 3. System Speech. The system shall state dates, time, numbers and any other necessary information as agreed upon by DAISI and the City. D. Screen Scraping. In order to provide the court with IVR payment services as soon as possible, DAISI shall initially employ a screen scraping utility for mainframe data accessing and updating. DAISI shall provide all necessary application programming. The client shall provide all necessary connectivity to the IQ Voice including any terminal emulation card and software as required. Upon completion of CourtView, screen scraping shall be discontinued in favor of the Open Database Connectivity ("ODBC') connection. Production and cutover cost shall be included in the pricing in Exhibit C. DAISI IVR Agreement City of Fort Worth Exhibit"A" Description of Services E. Protegee Payment Services. Description Protegee Payment Services is the e-Commerce component for DAISI IQ Voice. DAISI Systems & Service provides the client with a concentric solution for information access on-demand as well as automated electronic payments. Access may be gained from any touch tone phone and where appropriate, the caller will be offered the option to pay now by electronic check or credit card. The system will gather the appropriate payment information to present to the private financial network via secured Internet connection. If the payment is approved, the citizen is informed of a successful transaction and hears any other information as directed by the client. The CourtView database is updated and the transaction is noted for the report. If not approved, the citizen hears the appropriate prompts. All access and updating in CourtView is secured through to DAISI IQ Voice System. Payment Types Protegee Payment Services accepts MasterCard, Visa, American Express, and Discover credit cards, debit cards, and electronic checks via the interactive phone system (IQ Voice). Electronic check, debit and credit card payments will be authorized and settled through the private financial network system. The City will provide DAISI with an approved financial form to be completed by DAISI. The form will then be sent to the City's designated bank for verification. Upon verification of all information, all deposits for citation fine amounts collected on behalf of the City shall be deposited into such designated bank account. One-hundred percent (100%) of the fine amount will be immediately deposited to the City's designated account upon authorization of payment. This transaction shall be automatic and immediate. In a completely separate transaction, the processing fee (discount rate) and convenience fee will be authorized by and charged to the customer in a separate transaction. This transaction will be deposited to Protegee's account for settlement of all cost. All electronic payments shall be actually deposited into the City's designated account within forty-eight (48) hours of authorization of payment. Each citation shall be processed as a new transaction. In no event shall the funds for payment of the fine amounts and funds for payment of the processing fees ever be deposited into a single account or co-mingled in any way. Protegee Payment by Electronic Check If the caller selects payment by check, the system prompts the caller to enter their bank routing number, account number, and check number. The system repeats the information as well as the payment amount for confirmation. If the caller accepts, the information is passed to Retriever for processing. Unlike credit cards, electronic checks cannot be verified. Electronic check transactions will be run through a check authorization process which will verify check writing history on account and determine if funds are available at time of transaction. Funds reservation of electronic checks will be applied as soon as available through the Automated Clearing House. Electronic check payments will be processed in the same manner as electronic debit and credit card payments. One hundred percent (100%) of all funds for payment of fine amounts will be DAISI IVR Agreement City of Fort Worth Exhibit"A" Description of Services drafted from the customers' accounts and actually deposited to the City's account within seventy-two (72) hours of authorization of payment. Payment by Credit Card The system prompts the caller (user) to select a payment method (credit card, debit card, electronic check) and based on choice, enter payment information. The fine amount and convenience fee are present to confirm charge. The user enters the appropriate account information and confirms entry. If the caller accepts, the information is passed to the private financial network for processing. If accepted, the caller is advised of approval. If declined, the caller is given another opportunity. Once completed, the caller will be provided with a confirmation number. Payment Processing If payment is declined, no action is taken in the CourtView database. If the payment is accepted, the system updates CourtView with the appropriate entries. A record of every transaction is recorded in the system record file for activity reporting purposes. Processing vendors will provide transaction reports for reconciliation. All functions are in real-time and 100% automated. Daily transaction and activity reports will be provided to the Client in the format currently in use by their accounting systems. Special payment or requirements such as partial payment, warrant or juvenile cases would be processed using established Court business rules. Disputed Transactions If there is a dispute as to the payment of a citation, the affected credit card company will inform Protegee that a dispute has been filed and that there is a pending investigation. If fraud or misuse is determined, the credit card company may issue a chargeback to the Protegee settlement account. Protegee will then debit the City's account for the fine amount and the City will reinstate the citation with all applicable fines, fees and other necessary charges. Daisi, Protegee and the City will develop a set of best practices and procedures for accounting purposes prior to implementation of the system. .� DAISI IVR Agreement C 1Tr,' r ����L City of Fort Worth Exhibit"A" Description of Services EXHIBIT B SCOPE OF SUPPORT SERVICES & LICENSE AGREEMENT I. DAISI's Support Service program provides full (100%) support for both hardware and software following the expiration of the Warranty Period. Remote Service and support requires access granted through Client issued VPN, modem, or other Client approved communications system. II. During each year in which the annual service and support agreement is in effect, DAIS[ will: A. Provide 5 hours of programming at no charge to the Client. B. Repair or replace component parts and/or peripheral equipment as necessary to the counting operation of the IVR system. C. Conduct a complete safety test of the system. This test shall consist of power failure, wiring, connections, telephone line connections, and system contamination. D. Maintain the application software including but not limited to scripts, databases, runtime applications, voice files and system configuration. E. Maintain the system core software including, but not limited to, scripts, databases, runtime applications, voice prompts and system configuration. F. Provide and install, at no additional charge, upgrades or new releases of the existing application and core software. G. Maintain an on-site and off-site backup of the applications, core software and voice files. H. Maintain connectivity to the Client network as needed to perform the functions described in this Agreement. Maintain a factor of system reliability of 99%, based on operation for 24 hours a day, seven days a week. J. Resolve major and minor hardware problems according to the time frame set forth in Section IV, below. K. Promptly advise the Client according to the written "notification of malfunction procedures" developed collaboratively by DAISI and the Client if any malfunction occurs at any time. L. Maintain compatibility of the DAISI IQ System with the then current version of Maximus CourtView. III. DAIS[ shall not be responsible for providing support or service under the terms of this Agreement if any of the following conditions apply: A. The required repair is the result of negligence or misuse of the system or another factor beyond the control of the Client other than ordinary wear and tear. B. A vendor other than DAISI performs a required repair without the express permission of a DAISI representative authorized to give such permission except if DAISI is unresponsive to the Client report of an emergency service interruption for 24 hours, and the Client initiates and/or performs repairs to restore operations, such actions by the Client shall not void or diminish DAISI's obligation to continue to provide support and service during the term of this Contract. C. A vendor other than DAISI has added or changed the equipment and/or software V'Ji, CIT a���Utip• o i ° without the express permission of a DAISI representative authorized to give such permission. D. This section does not preclude the Client and DAISI from amending this Contract and establishing fees for DAISI to make the necessary repairs. IV. Levels of Service A. DAISI shall provide service to both hardware and software on a seven day per week, 24 hours per day basis. Normal maintenance, service, support, and the resolution of non-emergency service interruptions will be conducted during DAISI's normal business hours, 7 a.m. to 5 p.m., Monday through Friday, (Central Standard Time). B. Service interruptions shall be classified as emergency or non-emergency. DAISI shall provide the Client's telecommunications department a monitoring scenario whereby if the system fails to answer, the call will be forwarded to a trouble voice mailbox that will alert on-call technicians by page to a possible service interruption. If no obvious cause is determined, the Client would contact DAISI immediately. 1. Emergency or critical service interruptions shall consist of hardware and/or software operation and/or malfunctions that disrupt critical Client Office business functions, for example, more than 2% of callers are unable to access information regarding scheduled attendance during the current jury term. 2. Non-critical service interruptions shall consist of any hardware and/or software operation and/or malfunction in which the hardware and/or software are not functioning as designed and/or intended and which does not rise to the level of a critical service interruption, for example, at least half of the callers are unable to access information regarding scheduled attendance during a future jury term. C. DAISI shall respond to emergency service interruptions within one (1) hour of the Client's trouble report. Service shall be restored within 4 hours of the Client's trouble report. There shall be no additional charge or premium for labor provided after normal business hours if the service is provided in response to emergency service interruption reports. D. DAISI shall respond to non-emergency service interruptions within 2 hours of the Client's trouble report. Service shall be restored within 24 hours of the Client's trouble report. E. DAISI shall remotely monitor the performance of the system and report to the client with recommended cure for any loss of lines or decrees in system performance V. Support services may be performed by one of the following methods: A. Trained personnel directly employed and supervised by DAISI may perform all Maintenance and support services provided for under this Contract. All DAISI employees will be properly qualified, use reasonable care in the performance of assigned duties and perform all services in a workmanlike manner. B. DAISI may also contract with a local qualified contractor to provide necessary maintenance and support services. Any such contractor is subject to approval by the City. VI. License to use the software The Company is providing the Client with DAISI IQ software, which is "proprietary" including information, graphic design, and code developed for the Client and other customers. The software is licensed and provided under this agreement to the Client for its sole use on equipment provided by the Company. The Client may not use or share this software without permission of the Company. The Client is granted a "License to Use" the software for the duration of this agreement and only for the purpose for which it was originally designed. The Client may make copies of the software expressly for backup purposes. VII.Liability DAIS[ agrees to defend, settle, or pay, at its own cost and expense, any claim or action against you for infringement of any patent, copyright, trade secret, or similar property right arising from your use in accordance with this agreement of the IVR system or any other materials furnished by DAISI under this agreement. DAISI shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim, and you agree to cooperate with it in doing so. You agree to give DAISI timely written notice of any threat, warning, or notice of any such claim or action, with copies of all papers you may receive relating thereto. If the system or any part of the system is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, DAISI shall, at its own expense and as your sole remedy therefore, either: (a) procure for you the right to continue to use the system; or (b) modify the system to make it non-infringing, provided that such modification does not materially adversely affect your authorized use of the system; or (c) replace the system with an equally suitable, compatible, and functionally equivalent non-infringing program at no additional charge to you; or (d) if none of the foregoing alternatives is reasonably available to DAISI, terminate this agreement and refund to you the payments actually made to DAISI under this agreement. DAISI shall have no liability to the City to the extent the alleged infringement is based on a modification of the system by anyone other than DAISI or use of the system other than in accordance with this Agreement. v 1�lCC:1f;111 iN- r�o, 0 m = N u� m L m L O Q C Q @ C LO O V N C N N O V m a z OU U _ O m C C 0) U m C c O O C Cm m N LM N C O O C a -O O O E m m 0 0 no 0 c m a rO U? m rO rO m o r= crir- r- r- N U 69 fA GO EA fA m M d N w rb QN N m0 U r U C O = O C 3 cl C) clm O u 04 c U N m > a v 0 0 0 0 0 C O:V LO LO LO LO l0 fR EA EA EA 69 m UC Q m CO m m m o Iz, m -m -o x L r r mo or LU U U U (D O z z z C)i V o 0 0 C, 0 0 0 0 0 0 0 0 00000 0 0 o O 0 0 0 0 O o 0 d o 0 0 0 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o o = 0 0 0 0 0 '^ 0 0 0 0 P')0 0 0 rri 0 CO ao 00000 0 0 0 0 0 0 0 0 0 0 0 n M r LO n <ND UfJ m fA I--"t 0 EA(D EA M w 6s EA rf>fA EA w (f3 fA(A c»F»fA F» F» N w e9 fA fA 09 fA a O O O 0000000 0 O 0 0 0 0 0 0 O O O O O O O O O O - 00000 C O 0 0 O o o o O O o C O 0 0 0 0 0 0 0 0 0 XO 0 0 0 O Lq r0 0 0 0 0 0 I-- U O 0 0 r 0L LO rn v v r--00 LO N 000 r 00o 0 r Of 00 0 00 F» LO rn rnrrn r r w a) 0u3rncs3rn 't LO m00F» F» au r 00000 r I� EA EA Cl)69 r EA N W O ' ♦Y N r 10 0) LO (D W O V 69 59 60 M Cl) W V fD eA ER GlT Ln N to EA EH LO M M (A 11! W Ow EH EA N EA EA IR M Q EA N 1A o C O m U U Cl) _ a = d d N m C � L O 3 C U m y0 U 7 d m .2 m a C'O 'O m N E Q O m m Cl) m rn L m m m D N co m o 0 c�(0 Z c p > c 2 2 N N M M s m 3 3 a y A c m c A F»00 C c c o 0 0 O o 3 m c o U) N .2 m m �_ .0 R m L a 3i m a Q 3 Q Q 3 0 LO o aZ Jy ° m ms'� y y ocu to _ Nm r E N N a N N O. N ra my U am' mm 3 N O C) O U N N F F 8cu N '` m U • V .� N F cy, > m m d"O O C C = O LO C N N C C U) E p c m m .@. y m y 0 � N m m co m U 2 m m�� c E m c)-2 rT m m -o _ c c o d o Y L o ' 0 c E m a c U o ` c� '0 > 0 E E ~ m N m m m N m� U E Y v U r c Q 3 U) x U U u U) U a N g o LO 2a c E d LO � 0 U o 3 @wQ ¢iOcn - C1 a E00 c m E y N a° c �FaUUO m0'- y oU E o-- o > m c c c m m m N CLO o o�Y0000 Q U) 0)iOiO U o mi m 2 y Q c U 'm ,m d C 0 m d d a) a1 (n Q 3 N Q Q N 7 2 p ami x m U O m F Es90 m S' cOmzzzz Q 0a0cc Q 0 ¢ aLtr_W 0 a � a 2 (A OLU o N M v1 '���irvv 1J o N p ✓J:UAll EXHIBIT "D" PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF § That we, (1) as Principal herein, and (2) a corporation organized under the laws of the State of(3) and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Dollars ($ for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of , 20 , a copy of which is attached hereto and made a part hereof for all purposes, for the construction of NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of 20 PRINCIPAL ATTEST: By: Name: (Principal) Secretary Title: �W ��� �%" (S E A L) Address: Witness as to Principal SURETY ATTEST: By: Name: Secretary Attorney in Fact (S E A L) Address: Witness as to Surety Telephone Number: NOTE: (1) Correct name of Principal (Design-Builder). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. A R T,, CERTIFICATE OF LIABILITY INSURANCE 08/19/2 0' PRODUCER (281)765-2500 FAX (281)765-2561 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Associated Insurance Advisors, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 260 N Sam Houston Pk E #120 HCrLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR �yY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston, TX 77060 INSURERS AFFORDING COVERAGE NAIC# INSURED DAISI SYSTEM & SERVICE INSURERA: Hartford Lloyds Insurance Co. 38253 MAURICE COLLINGS DBA INSURERB: Texas Mutual Insurance Company P.O. BOX 5605 INSURERc: Hartford Casualty Insurance Co 29424 KATY, TX 77491 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINI ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INRRDATE(MM/DD/YYI GENERAL LIABILITY 61SBMBT5041 06/05/2005 06/05/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE OCCUR MED EXP(Any one person) $ 10,000 A PERSONAL&ADV INJURY 1 $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS a x (Per accident) $ ED F1 PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY SET T NO AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ t, (a AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY finsRift' h j w9ement orrlc EACH OCCURRENCE $ OCCUR F]CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC-Q739763 08/12/2005 08/12/2006 X I WC STATU- oTH- EMPLOYERS'LIABILITY TORY B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,descr be under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER 61BDDD01700 08/12/2005 08/12/2006 $250,000. - CITY OF FT. WORTH EMPLOYEE DISHONESTY C ECHNOLOGY LIABILITY TE0225649 08/08/2005 08/08/2006 $1,000,000. EACH GLITCH & AGG, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ertificate holder is named as additional insured with a waiver of subrogation in their favor as respects to the general liability policy as required by written contract. The worker's compensation has been endorsed to insured a waiver of subrogation in favor of the certificate holder as required by written contract. CERTIFICATEE TI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Fort Worth Municipal Dept. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn• Risk Manager BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000.Throckmorton OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Ft. Worth, TX 76102 AUTHORIZED REPRESENTATIVE Vic Huvelle/GINA ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/13/2005 - Ordinance No. 16578-09-2005 DATE: Tuesday, September 13, 2005 LOG NAME: 38DAISI IVR REFERENCE NO.: **C-20989 SUBJECT: Authorize Execution of Agreement with DAISI for the Purchase of an Interactive Voice Response System and Related Consulting and Development Services for the Municipal Court and Adopt Appropriation Ordinance for the Purchase of the System and Related System Requirements RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to negotiate and execute an agreement with DAISI for the purchase of an Interactive Voice Response (IVR) System and related consulting and development services for Municipal Court for an amount not to exceed $32,079.50; and, 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $37,836.50 in the Special Trust Fund, Municipal Court Technology Project. DISCUSSION: The Municipal Court Department has utilized an Interactive Voice Response (IVR) system to provide recorded information to citizens and to allow payment of citations by credit card over the telephone. The purchase of the recommended system will allow Municipal Court to continue to provide this service to its customers. The Municipal Court will use the requested DAISI IVR system to replace the prior IVR system. The DAISI IVR system will be compatible with both the current mainframe Court system and the new MAXIMUS Court information management system. The IVR system will allow customers to pay their citations with credit cards, debit cards or electronic checks. A convenience fee will be charged to the customer on a per transaction basis. The proposed fees will range from $3.50 to $7.50 depending on the fine amount, type of violation and payment type. DAISI's annual maintenance expenses are included in the convenience fee. Municipal Court will have no ongoing costs from DAISI in providing support for the IVR system. Additional hardware and software is required for the IVR system in the amount of $5,757.00. Municipal Court will use procurement processes previously authorized by the City Council to obtain the required items. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Special Trust Fund. TO Fund/Account/Centers FROM Fund/Account/Centers FE72 431038 038535010000 $37,836.50 FE72 541320 038535010000 $37,836.50 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/14/2005 Page 2 of 2 FE72 541320 038535010000 $37,836.50 Submitted for City Manager's Office by-Richard Zavala (6222) Originating Department Head: Elsa Paniagua (6711) Additional Information Contact: Elsa Paniagua (6711) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/14/2005