2008-148ORDINANCE NO.
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT
FOR THE PURCHASE OF AN INTERACTIVE VOICE RESPONSE SYSTEM FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFSP 4008-INTERACTIVE VOICE RESPONSE
SYSTEM FOR DENTON MUNICIPAL ELECTRIC AWARDED TO MILSOFT UTILITY
SOLUTIONS IN THE AMOUNT OF $241,163.30).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of an interactive voice response system in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFSP
NUMBER CONTRACTOR AMOUNT
4008 Milsoft Utility Solutions $241,163.30
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /1?- day of '2008.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_C_ dAPPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY: / A
4-Ord- 4008
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
RFSP NO. 4008
THIS CONTRACT is made and entered into by and between Milsoft Utility Solutions a
corporation, whose address is 4400 Buffalo Gap Road, Suite 5150 Abilene, TX 79606,
hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule
municipal corporation, hereinafter referred to as "City," to be effective upon approval of the
Denton City Council and subsequent execution of this Contract by the Denton City Manager or
his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
1.
SCOPE OF SERVICES
Contractor shall provide all labor, supervision, materials and equipment necessary for
Automatic Meter Reading Infrastructure System. These products and services shall be provided
in accordance with the Specifications for Automatic Meter Reading Infrastructure System, a
copy of which is attached hereto and incorporated herein as Exhibit "A" (on file in the office of
the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached
hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this
written agreement and the following items which are attached hereto and incorporated herein by
reference:
(a) Specifications for Automatic Meter Reading Infrastructure System; (Exhibit "A"
on file in the office of the Purchasing Agent).
(b) Contractor's Proposal. (Exhibit "B" on file in the office of the Purchasing
Agent);
(c) Insurance Requirements. (Exhibit "C");
(d) Form CIQ - Conflict of Interest Questionnaire (Exhibit "D").
(e) Contractor's Quote (Exhibit "E")
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as "Contract
Documents."
if.
TIME OF COMPLETION
2008.
Contractor agrees and covenants that all work hereunder shall be complete by August 30,
III.
WARRANTY
Contractor warrants and covenants to City that all goods and services provided by
Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects
and produced and performed in a skillful and workmanlike manner and shall comply with the
specifications for said goods and services as set forth in this Agreement and the Bid
Specifications attached hereto and incorporated herein as Exhibit "A"(on file in the office of
the Purchasing Agent). Contractor warrants that the goods and services provided to City under
this Agreement shall be free from defects in material and workmanship, for a period of one (1)
year commencing on the date that City issues final written acceptance of the project.
IV.
PAYMENT
Payments hereunder shall be made to Contractor following city's acceptance of the work
and within thirty (30) days of receiving Contractor's invoice for the products and services
delivered. Total compensation under this contract shall not exceed the sum of $241,163.30.
Contractor recognizes that this Contract shall commence upon the effective date herein
and continue in full force and effect until termination in accordance with its provisions.
Contractor and City herein recognize that the continuation of any contract after the close of any
given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year,
shall be subject to Denton City Council approval. In the event that the Denton City Council does
not approve the appropriation of funds for this contract, the Contract shall terminate at the end of
the fiscal year for which funds were appropriated and the parties shall have no further obligations
hereunder.
V.
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
Contractor shall at all times exercise reasonable precautions for the safety of employees
and others on or near the work and shall comply with all applicable provisions of Federal, State,
and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall
be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses
arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII.
INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set
forth herein.
V1.
LOSSES FROM NATURAL CAUSES
Unless otherwise specified, all loss or damage to Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from any unforeseen circumstances in
the prosecution of the same, or from unusual obstructions or difficulties which may be
encountered in the prosecution of the work, shall be sustained and home by the Contractor at its
own cost and expense.
VII.
INDEMNIFICATION
Contractor shall release, defend, indemnify and hold the City, its elected officials;
officers and employees harmless from and against all claims, damages, injuries (including
death), property damages (including loss of use), losses, demands, suits, judgments and costs,
including attorney's fees and expenses, in any way arising out of, related to, or resulting from the
services provided by Contractor under this Agreement or caused by the negligent act or omission
or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Contractor is legally responsible
(hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims.
In the event the City is a named party to a suit arising out of the subject matter of this
Contract; the City shall have reasonable input into the selection of defense counsel to be retained
by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves
the right to provide a portion or all of its own defense; however, City is under no obligation to do
so. Any such action by City is not to be construed as a waiver of Contractor's obligation to
defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract.
Contractor shall retain defense counsel within seven (7) business days of City's written notice
that City is invoking its right to indemnification under this Contract. If Contractor fails to retain
counsel within such time period, City shall have the right to retain defense counsel on its own
behalf, and Contractor shall be liable for all costs incurred by City.
VIII.
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall at all times observe and comply with all Federal, State and local laws,
ordinances and regulations including all amendments and revisions thereto, which in any manner
affect Contractor or the work, and shall indemnify and save harmless City against any claim
related to or arising from the violation of any such laws, ordinances and regulations
whether by Contractor, its employees, officers, agents, subcontractors, or representatives.
If Contractor observes that the work is at variance therewith, Contractor shall promptly notify
City in writing.
IX.
VENUE
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Contract. The parties agree that this Contract is performable in Denton
County, Texas, and that exclusive venue shall lie in Denton County, Texas.
X.
ASSIGNMENT AND SUBLETTING
Contractor agrees to retain control and to give full attention to the fulfillment of this
Contract, that this Contract shall not be assigned or sublet without the prior written consent of
City, and that no part or feature of the work will be sublet to anyone objectionable to City.
Contractor further agrees that the subletting of any portion or feature of the work, or materials
required in the performance of this Contract, shall not relieve Contractor from its full obligations
to City as provided by this Contract.
XI.
INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an independent contractor and not an
officer, agent, servant or employee of City; that Contractor shall have exclusive control of and
exclusive right to control the details of the work performed hereunder and all persons performing
same, and shall be responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not
apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors
and consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor.
XII.
INSURANCE AND CERTIFICATES OF INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance coverage
as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated
herein by reference. Contractor shall provide a signed insurance certificate verifying that they
have obtained the required insurance coverage prior to the effective date of this Contract.
XUL
HINDRANCES AND DELAYS
No claims shall be made by Contractor for damages resulting from hindrances or delays
from any cause during the progress of any portion of the work embraced in this Contract.
XIV.
AFFIDAVIT OF NO PROHIBITED INTEREST
Contractor acknowledges and represents it is aware of all applicable laws, City Charter,
and City Code of Conduct regarding prohibited interests and that the existence of a prohibited
interest at any time will render the Contract voidable. Contractor has executed the Affidavit of
No Prohibited Interest, attached and incorporated herein as Exhibit "D".
XV.
SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section, subdivision,
sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or
contrary to any rule or regulation having the force and effect of the law, such decisions shall not
affect the remaining portions of the Contract. However, upon the occurrence of such event,
either party may terminate this Contract by giving the other party thirty (30) days written notice.
XV1.
TERMINATION
City may, at its option, with or without cause, and without penalty or prejudice to any
other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate
further work under this contract, in whole or in part by giving at least thirty (30) days prior
written notice thereof to Contractor with the understanding that all services being terminated
shall cease upon the date such notice is received.
XVII.
ENTIRE AGREEMENT
This Contract and its attachments embody the entire agreement between the parties and
may only be modified in writing if executed by both parties.
XVIII.
CONTRACT INTERPRETATION
Although this Contract is drafted by City, should any part be in dispute, the parties agree
that the Contract shall not be construed more favorably for either party.
IX.
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
XX.
HEADINGS
The headings of this Contract are for the convenience of reference only and shall not
affect in any manner any of the terns and conditions hereof.
XXI.
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this `agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be home by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute. in the OWNER'S sole discretion; grounds for termination thereof. Each of
the terns "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
fN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR MILSOFT UTILITY SOLUTIONS
B: l
Name: WAYNE CARR
CHAIRMAN/CEO
P.O. BOX 5726, ABILENE, TX 79608-5726
MAILING ADDRESS
800-344-5647 or 325-695-1642
PHONE NUMBER
325-690-0338
FAX NUMBER
WAYNE CARR
PRINTED NAME
CITY OF =DENS
GEORGE C. CAMPBELL
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ) U2Wh2%~&(/
APPROVED AS TO LEGAL FORM
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY:
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent law bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contactor, the Contactor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contactor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior- to bid opening since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
Cancellation: The City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option', terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X[ A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $500,000
shall be provided and maintained by the Contractor. The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[ ] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSI-) of not less than $300,000 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
0 all owned, hired and non-owned autos.
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity. -
2
F] Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with wham filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Loral Government Code. Attach additional pages to this Form CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes = No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
=
0 Y
es
No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06IM2007
1LS®FT
Utility Solutions"
Terry Jones Tem, Jones
Denton Municipal Utilities Denton Municipal Utilities
215 E McKinney Street 215 E McKinney Street
Denton, TX 76201-4229 Denton, TX 76201-4229
USA USA
Software costs based on 72 lines
Proposal
Quote Number: 3171
Date:
06/ 1 1 /2008
Account Manager:
Brian Carr
Grail:
brian.cam@milsoft.com
Phone:
800.344.5647
Valid Until:
08/10/2008
~o
1 Caller ID > 24 Lines
58,000.00 $8,000.00
Caller ID (if available) for fewer than 24 lines
72 IVR Engine- Line Charge
$500.00 $36,000.00
1 PORCHE
513,000.00 $13,000.00
Includes inbound outage reporting call handling, outbound outage restoration verification,
WebIVR, WcbCSI, PORC14E OCM (basic), Remote Dispatcher Notification, Aware
Listings, History Reporting.
I Telelink Suite
$29,500.00 $29,500.00
Includes Directory Service, Account Inquiry, Payment Arrangements, Credit Card / E-Check
Processing, Appointment Scheduling, and Customer Information Line. Customer
Notification: Includes Flexible Notification, Delinquency Notification, Planned Outage
Notification, Emergency Notification, System Maintenance Notification, Load Shedding
Notification, and Customer Surveys
Software costs $86,500.00
based on 72
lines Total:
Hardware
l
I Server Lines > 24 - Hardware $13,905.00 $13,905.00
IVR Hardware- Server Lines> 24: Includes Server, 2003 Server, SQL Server and
Utilities. Does not include monitor or printer.
Server Lines > 24 - Hardware: Redundant System 513,905.00 $13,905.00
IVR Hardware- Server Lines > 24: Includes Server, 2003 Server, SQL Server and
Utilities. Does not include monitor or printer.
Fail Over Telephony - 24 Lines (72 line total) 59,810.00 $29,430.00
Telephony Only (For use in redundant system when primary IVR is not taking calls)
Speech Capabilities - 24 Lines each (72 line total 526,191.10 $78,573.30
Includes Text-to-Speech, Voice Recognition, and Telephony.
Hardware
Number: 3171 Total:
800.344.5647 - brian.carr@milsof.com - www.milsofl.com
$135,813.30
Pane:1
EXHIBIT 1
Comnlete Installation and Test Cost
0 y IVL*, ffi ~N a~ a r a xr ar r ga ~ sa mmuW-.m raa:tvtawm*m
40 IVR Interface Development $150.00 $6,000.00
Development cost per hour to configure IVR to interface with CIS.
3 IVR Onsite Technician - Per Day S1,000.00 $3,000.00
3 IVR Onsite Training - Per Day
Travel Expenses not to exceed
In response to the City of Denton RFSP#4008, Milsofts proposal and quotation includes the
following review, design,
configuration, training and FAT (Factory Acceptance Testing) travel related expenses:
1. Onsite Utility Infrastructure Review and Systems Design - (1) MUS Representative - (1) Day
2. FAT Review At Milsofts Pensacola, Florida Facility - maximum of (5) City of Denton
Representatives - (2) Days
3. Onsite System Installation & Utility Acceptance Testing (1) MUS Representative - (2) Days
4. Onsite System Training for City of Denton Personnel - (1) MUS Representative - (3) Days
$1,000.00 $3,000.00
$6,850.00 $6,850.00
Complete $18,850.00
Installation and
Test Cost Total:
Grand Total
Total: $241,163.30
Number: 3171
800.344.5647 - brian.carr@milsoft.com - www.milsoft.coln
Tenns and Conditions
Porche IVR/TeleLink/CrewCommand
Price Inclusme s/laelusions
Total puce includes all hardware (extoll remote hardware) and software,
additional options or enhancement, and documentation. Net included arc
associated travel expenses, pre-installation meeting expenses, applicable taxes,
insurance, height, telephone lines or telephone system equipment.
Torras
(New Systems)
50% upon quote acceptance
40% upon installation
10% open final accepmncc of [fee system (30 day, after completion)
(Upgrade liver')
75% upon quote neeptanec
25% upan installation
Support & Maintenance
SuppoNMaintenence will be billed at the rate of 18%o0he retail system cost
annually_ Payment ofsuppon charges will beat die option of the Cp,tomer. If for
any reason Cuvomerdecides to discontinue payment of,uppen. Customer will
not mccivc rcchn ral support, software fires/patchcs or any soowerc upgrodec
Invoicing will Mgin 60 days aoer installation is complete.
Installation & Trample
MUS agrees to install the hardware8 software at Customers place ofbusiness at a
etc of One Thousand US Dollars (S 1.000.00), Per day, par molutidem / trainer plus
all travel and out of pocket expenses. Training is included and shall be performed
,he week following installation under the sameTerms and eondhions_
DisSPatch - OMS
WindMil / LightTable/ LandBase / Reliability Analysis /
Contingency Study / Enterprise / Poles - FM
Shionina
VIA US Priority Mail included.
Tcnns
100 %one ,pop receipt of invoke
Suonort & Maintenance
Suppan/Maintemence will be billed at the ,In of 15% of the retail system cost
nually. Payment ofsuppon charges will be at the opdan ofthc Customer. If for
any reason Customer decide, m discononuc payment ofsuppon, Cuvmotor will
not receive technical support, software fixes/pamhes or any soliware upgrades.
Time year of airport is included in dm hosing fee.
Trainine
Available upon request_ Please contact MUS for curve training rates and
schedule.
Multi-Speak Testing Harness
Terms
100 %due open receipt of invoice
Support & Maintenance .
Support/Maieennue will be billed at the one of25%ofthe recoil system cast
annually, Payment of support charges will be at the option of the Customer. If for
any reason Cusmmer decides to of oorrnae payment reaction, Custemcr will
not receive rechnirnl support, software Fixes/patches or any software upgrades_
Invoicing will begin 60 days after installation is complete.
Price Inclusions/Exclusions
This quote includes the CORBA Orb and associated software needed m ran the
applieadon on one(I) scrvea If Custemcr decides to min the application on
multiple servers. Customer will be responsible for the additional rosy of 52,500,00
per server. this quote does not include hardware or Microsotl SQL Server.
Terns
50% upon quote acceptance
40% awn installation
10%upon final wareparce ofthe system (30 days after completion)
Support & Mainlcnancc
so,,no /Maintenance will be hilted at the note of 19% of the retail system east
annually. Payment ofsuppon charges will be at (lie option of the Crooner. If Cur
any reason Customer decides to stop payment ofsuppon, Customer will not
mccivc technical support, software Flxes/pmdtes or any software upgrade,
Invoicing will begin 60 ova area installation is complete and will be invoiced in
monthly basis.
Installation & Trainine
MUS agrees a install the software at Customers place cf business al a are ofOne
Thousand US Dollars (41000.00), per Jay, per technician / trainer plus all travel
andoutof Pxketexpareas rnoiningis included and shall beperformedthesame
weak as installation.
WindMilMap - MAP / Enterprise
Price Inclusions/F.cr sions
Tow[ price includes WindMilMap Application. f,SRI cumpenoas and customer
database are not included.
Terms
100% open receipt of invoice
Support & Mainlcnancc
Su opertMaintenance will be billed at the rate of I8%,~ ofdm retail system cost
annually. Invoicing will begin 60 days after installation is complete.
Installation & Truman
MUS agrees to install thesvoware at Customers place of business at a ram afore
Thousand US Dollar (S 1,000.00), per day, per technician / Turner Plat all travel
and on ofpoeket expenses I ruining is included and shall be performed the same
week as installation.
Database Conversions and Conversion 'Pools
Price inclusions/Exclusions
The price for the database conversion is based upon data provided. The price does
not include any ccarriers of data
Support & Maintenance
SuppoNMaim,mee,c will be billed at the to of20% of Ne Database comersion
tool licensing fee. The First year ofsuppon is included.
Trainine
Available ulna request. Please contact MUS for current training rates and
schedule.
AVL
Torres
100 % doe upan ..earl of invoice
Support & Maintenance
Supp rld'slainmoanee will be billed at the rate of 18%of the retail system vest
annually. Payment of suppun charge, will be at The option of the Cura mce If fur
any reason Customer decides to discontinue payment of.utPprm. CustotoOr will
not receive technical support, software Fixes/patches or any software upgrades.
Invoicing will begin 60 days after installation is complete
Unplugged - Viewer
Tenns
100 %due upon receipt of invoice
Suonort & Maintenance
Suppocuddaimmrance will be billed o d" rate of 18% (athe, retail system cost
nually_ Payment of support charges tell be at the option of die Customer Tfor
any reason Costumer decides to discontinue payment of snppon, Customer will
not receive pointed support, software fixes/rynehres or any software upgrades.
Invoicing will begin W drys alter installation is complete.
Quote Acceptance
I his Quote constitutes the entire understanding and age totem between the parties
and supersedes any and all prior and connmporancons, pal orwdtmn
representations, Communication, understandings and agreements between the
to pies x-itla respect to the subject mauer hecof 'tire parties acknowledge and
agree that neither of the ponies is entering ism this Quo¢ on the hsis of any
representation or promise not expmsly contained herein.
Account: Denton Municipal Utilities
Accepted By:
Print Name:
Date:
PO# (if required):
To. submit this, form, please fax it to 325.690.0335.
If you have aI,v creations regarding this quote, please call 800.344.5647
and ask for Brian Carr or email Brian at Man.carr@u milsofl.cc m.
Quote Number: 3171 Page: 2
800.344.5647 - brian.carr@miIsoft.com - www.milsoft.corn