HomeMy WebLinkAboutAdvanced Call Processing Incorporated; 2010-12-28;AGREEMENT FOR IMPLEMENTATION OF AN
AUTOMATED CALLOUT SYSTEM - PHASE II
ADVANCED CALL PROCESSING
THIS AGREEMENT is made and entered into as of the £L<8'*^ day of
20 IP . by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and ADVANCED CALL PROCESSING INCORPORATED, a California
Corporation, (hereinafter "ACP" or "Contractor").
RECITALS
City requires the professional services of a Voice Processing Contractor that is
experienced in Integrated Voice Response and Call Routing Applications. Contractor has the
necessary experience in providing these professional services, has submitted a proposal to City
and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1 . Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one year from the date first above
written.
3. Compensation. The total fee payable for the Services to be performed shall be a flat fee
of Three Thousand Five Hundred dollars ($3,500.00). No other compensation for the Services
will be allowed except for items covered by subsequent written amendments to this Agreement.
If applicable, the City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
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authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State
of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key
Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000)
each, unless otherwise authorized and approved by the City Attorney or the City Manager.
Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written
as claims-made coverage. The insurance will be in force during the life of this Agreement and
will not be canceled without thirty (30) days prior written notice to the City by certified mail. City
will be named as an additional insured on General liability. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance with Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments. This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
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14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
(print name/title)
(sign here)
I (Q
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
City Manager or Mayor or Di
ATTEST:
LORRAINE M. WOOD
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
"Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RON City Attorney
Assistant City Attorney
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EXHIBIT "A"
Scope of Work
Delinquent Water Bill Notification Implementation Phase II
Scope of Work
ACP shall develop a Delinquent Water Bill Notification Application for the City of Carlsbad that
utilizes a Callout IVR script that runs on CallXpress Automated Agent Software. The purpose of
this application is to notify residents in advance of the City's intent to cut off their water because
of a delinquent water bill. The City may wish to use the system to notify residents for other
purposes.
Application Specifications
The application will have the ability to:
• Generate callouts to City residents in either English or Spanish based on a value
provided by the City in the input file; quote for initial version of application is only to
generate callouts in English.
• Recognize live answer versus machine versus no answer versus invalid number and
record in the application database for reporting purposes.
• Generate between 400 and 500 calls per month; this is an estimated number and the
total may go above 500 at no extra cost.
• Allow the City to set up the callout script to run at any time sequence 24 hours a day
• Accept CSV file with following format as input to the application:
o Field 1 - 10-digit phone number
o Field 2 - account number
o Field 3 - (optional) customer name)
o Field 4 - (optional) street address (street number + street name + unit, if any)
o Field 5 - (optional) amount owed
• Accept values from records in CSV file to fill in appropriate blanks on automated
message.
• Provide automated process for importing the CSV file from a specified location on the
City's network.
• Application should be designed to allow for additional calls to be made to resident
depending on answer status, should this be required in the future; should be able to add
functionality in the future to set application to call multiple numbers listed for an address
(would require a change to the format of the .CSV file to include multiple number fields,
which would require a change order and/or an amendment to the contract) or stop
calling once someone has answered.
• Speak City-approved dialogue providing notification of delinquency. City has the ability
to record the message, and to change message at will
• Use "Allison" text-to-speech voice.
• Generate a CSV file that contains the following information for each call made:
o Account number
o Date/time of call
o Number dialed
o Whether or not the call went through (yes/no)
o Answer status:
• Person answered (called party presses a DTMF key to acknowledge call)
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• Busy
• Invalid Number (requires that City upgrade to CallXpress 8.0)
• Answering Machine
• Ring No Answer
• Write output CSV file to specified location on the City's network.
• Write all historical call result data to a database.
• Generate repeat calls to Busy, Ring No Answer or Machine Answered numbers.
Number of calls configurable by City.
ACP Responsibilities
• Provide Callout IVR application/script to meet above specifications.
• Provide updates to Callout IVR application/script as necessary to keep it working per
above specifications when CallXpress Automated Agent software changes, as long as
City remains on a maintenance contract (new features would require a new
scope/quote).
• Deliver final application within 30 days of a Notice to Proceed being issues, providing
City provides the agreed upon information and resources.
• Provide bug fixes in a timely manner.
City Responsibilities
• Provide Windows server to support text-to-speech licenses.
• Install server on City's network, logged into City domain.
• Provide a CSV file with callout information (per format listed in specifications) on a
shared drive/server on City's network that can be accessed by the Callout IVR
application.
• Write own reports against application database.
• Upgrade to CallXpress v8.0 when available.
Schedule
• Once a Notice to Proceed is issued, the project is anticipated to take two weeks to go
live (a week is defined as five business days of eight billable hours each day):
o Week One - Application code is installed using SQL Server Express (ACP); data
access and integration testing occurs (ACP/City)
o Week Two - Final application testing (placing calls) occurs (City);migration of
application to SQL Server cluster production database (ACP/City); Go Live
• After go live, the City will test the application in a live environment for two weeks before
accepting.
Acceptance Criteria
The Callout IVR application will be accepted when:
• The City verifies that the application performs callouts correctly during the testing phase:
o All call types are tested and verified to be working.
o Repeat calls to Busy, Ring No Answer, and Machine Answered calls is verified to
be working.
o The ability of the City to configure the number of call attempts to be made to
Busy, Ring No Answer and Machine Answered calls is verified.
o The automated input of the CSV files is verified.
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o The automated output of a CSV file with call results is verified, including that the
data is correct based on the calls made.
o The call result data written to the database is verified to be correct based on the
calls made.
o The callout message is verified to be correct based on the data in the CSV file -
the application is correctly filling in the blanks with the appropriate data.
o The ability for the City to record and change the message at will is verified.
• The City goes into production with the application and verifies that it works as specified
for two weeks.
Payment Terms
• Callout IVR Phase II application, including development, implementation, testing and any
additional changes needed to make the application work per the above specifications
shall not exceed $3,500. The flat fee payable for this contract shall be $3,500.00 and
shall be paid when all testing has been completed and the City accepts the application.
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