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HomeMy WebLinkAboutA-05-158 SONANT CORPORATION OF SAN DIEGO Agreement.pdfII AGT.#O 5-1 5'8 1 AGREEMENT 2 THIS AGREEMENT is made and entered into this 1ih day of May, 2005, by and between the 3 COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to 4 as "COUNTY," and SONANT Corporation, whose address is 4105 Sorrento Valley Boulevard, 5 San Diego, CA 92121, hereinafter referred to as "SONANT." 6 WITNESSETH 7 WHEREAS, SONANT has offered an Interactive Voice Response/Web Payment System 8 (the "System") to the COUNTY under a proposal dated July 22, 2004 (the "Proposal"), which 9 Proposal was made in response to COUNTY'S Request for Proposals 208-3975 dated June 10 01, 2004 (the "RFP"); and, 11 WHEREAS, COUNTY and SONANT desire to enter into an agreement by which 12 COUNTY licenses the System from SONANT, and by which SONANT agrees to provide 13 COUNTY with maintenance and support services relating to the System. 14 NOW, THEREFORE, for good and valuable consideration, COUNTY and SONANT do 15 hereby agree as follows. 16 I. DOCUMENTS CONSTITUTING AGREEMENT: This agreement, together with 17 Exhibit A (Scope of Work), Exhibit B (Preliminary Project Schedule), Exhibit C (Pricing and 18 Billing Schedule), Exhibit D (Equipment List), Exhibit E (Software License Agreement), Exhibit F 19 (Enhanced System Service Maintenance and Support Agreement), Exhibit G (the RFP), and 20 Exhibit H (the Proposal}, each of which exhibit is incorporated herein by this reference, 21 constitute the entire agreement and understanding between SONANT and COUNTY and shall 22 supersede all prior understandings and agreements, written or oral, relating to the subject 23 matter hereof and shall be collectively referred to hereinafter as the "Agreement." 24 II. OVERVIEW: This Agreement provides for the acquisition by COUNTY of the -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 System, including software, software licenses and hardware, as well as the installation, maintenance and technical support of the System by SONANT at COUNTY as hereinafter provided. Ill. DEFINITIONS: Vendor: The terms "Vendor," "SONANT," "Contractor" and "Supplier" are considered to be equivalent throughout this Agreement. Monies: The terms "Monies," "Charges," "Price" and "Fees" are considered to be equivalent throughout this Agreement. Public Record: The term "Public Record" as used in this Agreement shall mean a public record as defined by Section 6252 of the California Government Code. Software: Means the Software licensed to COUNTY by SONANT pursuant to this Agreement. System: Means the composite of hardware and licensed Software provided by SONANT to COUNTY for the Interactive Voice Response/Web Payment System as set forth in this Agreement. System Documentation: Means the documentation that is necessary to enable the COUNTY to operate and utilize the System. System Documentation includes all manuals, reports, brochures, sample runs, specifications, drawings, and other materials provided by SONANT in connection with the System provided to the COUNTY. User: The terms "User," "County," "Customer" and "Licensee" are considered to be equivalent throughout this Agreement. IV. OBLIGATIONS OF SONANT: SONANT agrees to sell the System to COUNTY pursuant to the following terms: A. Software, Equipment and Services: SONANT shall furnish the Software, -2- 1 equipment, and related services set forth in Exhibit A, Exhibit B, Exhibit E, and Exhibit F. The 2 software, equipment and services shall be delivered, installed and performed at the following 3 site: Auditor-Controllerffreasurer Tax Collector's Office, 2281 Tulare Street, Fresno, CA, 4 93721, (the "Installation Site"). 5 B. Software License: SONANT licenses to the COUNTY the Software set 6 forth in Exhibit E. 7 c. Equipment: SONANT shall provide COUNTY the equipment listed in 8 Exhibit D. 9 D. Documentation: SONANT agrees to provide complete sets of Software 1 0 documentation in both hard copy (paper) and on-line formats for the purpose of training and 11 education. Any equipment manuals provided to SONANT by the manufacturer will be 12 forwarded to COUNTY. 13 14 15 16 17 18 19 20 21 22 23 24 E. Indemnification: 1. Patent/Copyright Infringement: SONANT agrees to defend, indemnify and hold harmless COUNTY, its users, directors, officers, agents, employees, consultants, joint venture partners, customers, and predecessors and successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost or expense, including, without limitation, attorneys' fees, as provided herein, arising out of any claim that the System or its components or any part of them, provided directly by SONANT or its authorized agents infringes upon or otherwise violates any copyright, trade secret, trademark, service mark, patent, invention, proprietary information, or other rights of any third party, or that COUNTY'S use of the System otherwise violates this Section collectively referred to for purposes of this Section as "Infringement Claims(s)", by paying all amounts that a Court finally awards or that SONANT agrees to in settlement of such Infringement Claim(s), as well as any -3- 1 and all expen'ses or charges arising from such Infringement Claim(s), including attorneys' fees, 2 as they are incurred by COUNTY or any other party indemnified under this Section. COUNTY 3 also agrees that, if the operation of the System or its components, or any part of them, 4 becomes, or in SONANT'S opinion is likely to become, the subject of an Infringement Claim(s), 5 COUNTY will permit SONANT, at SONANT'S option and expense for all associated costs, 6 either to procure the right for COUNTY to continue to use the System or affected component, or 7 part thereof, or to replace or modify the System or its component with another item of 8 comparable quality and performance capabilities to become non-infringing, provided such 9 replacement or modification does not cause the System or its component, or any part thereof, 1 0 to fail to comply with any of the requirements of this Agreement, including but not limited to, all 11 functionality, technical specifications and performance warranties. In the event COUNTY'S 12 ongoing use of the System or its components, or any part of them, is the subject of any act by a 13 third party (including but not limited to injunctive relief) arising from an Infringement Claim(s) 14 that would preclude or impair COUNTY'S use of the System or its components or if COUNTY'S 15 continued use of the System or its components may subject it to punitive damages or statutory 16 penalties, COUNTY shall give written notice to SONANT of such fact(s). Upon notice of such 17 fact(s), SONANT shall procure the right for COUNTY to continue to use the System or affected 18 component, or part thereof, or replace or modify the System or its component(s) with another 19 · system or component(s) of comparable quality and performance capabilities to become non- 20 infringing. If SONANT fails to complete the remedial acts set forth above within thirty (30) 21 calendar days of the date of the written notice from COUNTY, COUNTY shall have the right to 22 take such remedial acts as it determines to be reasonable to mitigate its damages as well as to 23 mitigate any impairment of its use of the System or its components (the "Customer's Remedial 24 Acts"). SONANT shall indemnify COUNTY for all amounts paid, as well as all direct and -4- 1 indirect costs associated with, Customer's Remedial Acts. Failure by SONANT to pay such 2 amounts within ten (1 0) calendar days of invoice by COUNTY shall, in addition to and 3 cumulative to all other remedies, entitle COUNTY to immediately withhold payments due 4 SONANT under this Agreement up to the amount paid in connection with Customer's Remedial 5 Acts. 6 2. Hold Harmless: SONANT agrees to indemnify, save, hold harmless, 7 and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any 8 and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to 9 COUNTY in connection with the performance, or failure to perform, by SONANT or its officers, 10 agents, or employees under this Agreement, and from any and all costs and expenses, 11 damages, liabilities, claims and losses occurring or resulting to any person, firm, or corporation 12 who may be injured or damaged by the performance, or failure to perform, of SONANT, its 13 officers, agents, or employees under this Agreement. 14 15 F. Warranties: 1. Equipment Warranty: SONANT warrants that the System sold to 16 COUNTY under this Agreement will be free from defects in material and workmanship for a 17 period of one (1) year from the date of acceptance by COUNTY as hereinafter specified. Such 18 warranty shall be in addition to any manufacturer's warranties that may apply. In the event of a 19 defect in workmanship or material during such period, SONANT will provide all parts, materials 20 and labor needed to correct such defect. 21 2. Software Warranty: SONANT warrants that the Software conforms 22 to the description of its function and performance as set forth in Exhibit A, and as described in 23 the System Documentation as well as in any other approved written technical documentation 24 distributed by SONANT. Such warranty shall apply for as long as the Software is covered -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 under the Enhanced System Service Maintenance and Support Agreement as described in Exhibit F. SONANT agrees to repair or replace any non-conforming Software free of charge during this warranty period. G. Title, Rights and Ownership: 1. Ownership of Materials and Documents: Except for those items which are specifically identified by SONANT as proprietary trade secrets, any and all sketches, drawings, tracings, field survey notes, computations, detail, media, documentation, records and other materials and documents prepared by SONANT in the performance of this Agreement shall be the property of COUNTY from the moment of their preparation, and SONANT shall deliver such materials and documents to COUNTY upon request. However, SONANT shall have the right to make duplicate copies of such materials and documents for its own file or for other purposes as may be authorized in writing by COUNTY. In the event SONANT becomes insolvent, bankrupt or is sold to another company, all records, documentation, media, source codes, software and information processed by or input into the System to which SONANT has access, or provided to SONANT under this Agreement, shall revert to and remain property of COUNTY, and COUNTY shall retain exclusive rights and ownership thereto. 2. Warranty of Title: a. Equipment and Hardware: SONANT warrants that it has good title to the equipment and hardware furnished under this Contract, that it has the right to sell such equipment and hardware to COUNTY and that such equipment and hardware is sold to COUNTY free and clear of any proprietary rights, liens and encumbrances. Title and risk of loss for equipment and hardware shall pass to COUNTY upon delivery to COUNTY as hereinafter specified. b. Software: SONANT hereby warrants and represents that it is -6- 1 the owner of the Software or has the right to grant to COUNTY a license for its use, and to 2 provide all materials and services related thereto, without violating any rights of any third party. 3 Further, SONANT warrants there is currently no actual or threatened lawsuit by any such third 4 party based on a violation or alleged violation of such right by SONANT. 5 H. Other Representations and Warranties: SONANT hereby represents 6 warrants and covenants as to the following: 7 1. That SONANT has special professional skill, knowledge and 8 expertise in the field of design, implementation and maintenance of the System, and that 9 SONANT acknowledges COUNTY has relied on SONANT'S representations regarding such 10 skill, knowledge and expertise in COUNTY'S decision to enter into this Agreement; 11 2. That the System modifications and enhancements and all 12 components provided by SONANT shall be free from material defects in workmanship and 13 design; 14 3. That all SONANT'S services shall be performed in a skillful and 15 professional manner; 16 4. That any software upgrade provided by SONANT, once installed 17 and accepted by COUNTY, shall also be warranted to function correctly as part of the System 18 and shall be covered by SONANT'S Enhanced System Service Maintenance and Support 19 Agreement, as detailed in Exhibit F; 20 5. That the System furnished pursuant to this Agreement shall support 21 and be able to accurately process date and time data from, into, and between twentieth, and 22 twenty-first centuries, as well as leap year calculations. "System" shall include, without 23 limitation, any piece or component of equipment, hardware, firmware, middle-ware, custom or 24 commercial software, or internal components or subroutines therein covered by this Agreement. -7- 1 2 3 4 5 6 7 8 9 This warranty shall survive termination or expiration of this Agreement. 6. That SONANT hereby warrants that the System, as delivered by SONANT, is capable of operating in conformance with the System's current published specifications and capability representations. I. Maintenance: SONANT shall provide equipment maintenance and Software support services as set forth in Exhibit F. v. OBLIGATIONS OF COUNTY: A. Compensation: COUNTY agrees to pay SONANT as follows: 1. One Hundred Sixty-Three Thousand Eight Hundred Thirty-One 10 Dollars ($163,831.00) for the purchase and installation of the System, as detailed in Exhibit C 11 and according to those conditions hereinafter specified; and 12 2. Twenty-One Thousand Eight Hundred Seventy-Eight Dollars 13 ($21 ,878.00) per year for annual maintenance and support of the System as detailed in Exhibit 14 F and according to those conditions hereinafter specified. COUNTY shall have no liability for 15 maintenance and support services during the warranty period, which services are included in 16 the purchase and installation price of the System. 17 3. Additional charges may apply in the future for enhancements to the 18 System, which enhancements may exist or SONANT may develop but which at this time do not 19 exist. In addition to the other warranties contained herein, SONANT warrants that all 20 deliverables defined in Exhibit A are of the latest production versions now available and are 21 included in the subject matter of this Agreement and will be provided to COUNTY in the System 22 as delivered and installed at the price herein stated. In addition, any software enhancements to 23 the System which during the one year warranty period become available either to new 24 licensees or purchasers of the System or to existing licensees of the System shall be provided -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 to County at no additional charge of any kind. All agreements between COUNTY and SONANT to purchase future enhancements, and the additional charges related thereto, are beyond the current scope of this Agreement and shall be made, if at all, by written amendment to this Agreement according to the procedures for Modification hereinafter provided. 4. Except as specifically set forth in this Agreement, it is understood that all expenses incidental to SONANT'S performance of services under this Agreement shall be borne by SONANT. 5. In no event shall the amount owed to SONANT under this Agreement be in excess of One Hundred Sixty-Three Thousand Eight Hundred Thirty-One Dollars ($163,831.00) for goods and services provided during the first year of this Agreement. B. Testing and Acceptance: 1. Testing: After the installation of the System but prior to acceptance, COUNTY will test the Software and related sub-systems for compliance with the Agreement specifications. 2. Acceptance: COUNTY will notify SONANT in writing upon 16 acceptance of the System. Acceptance will be as defined in Exhibit A. 17 C. Invoicing and Payment: Upon receipt of acceptance as defined in Exhibit 18 A, SONANT shall invoice COUNTY as provided in Exhibit C. 19 1. General Payment: Invoices shall be submitted to Fresno County, 20 Auditor-Controller/Treasurer-Tax Collector, 2281 Tulare Street, Fresno, California, 93721. 21 COUNTY shall mail payment within forty-five (45) days after receipt of invoice. Payment shall 22 be mailed to SONANT at the address of notice hereinafter provided. 23 2. Taxes: Federal, State and local taxes are included in the fees set 24 forth in this Agreement as they are specifically identified. COUNTY shall pay all taxes, however -9- 1 designated, which are levied on this Agreement, or the products or services, excluding taxes 2 based upon SONANT'S income. 3 3. Travel and Temporary Living Expenses: Travel and temporary living 4 expenses incurred by SONANT during the initial installation, setup and problem resolution 5 resulting from installation and setup as set forth under this Agreement are included in the price 6 as outlined in Exhibit C. Any subsequent travel and temporary living expenses incurred by 7 SONANT for the purpose of problem resolutions in regards to the System shall not exceed the 8 following: roundtrip air travel, not to exceed the coach or tourist class rate from within the state 9 of California to Fresno, California, and shall be purchased using procedures which result in the 10 lowest available net COUNTY cost; auto rentals while at the COUNTY'S location, not to exceed 11 one medium-size rental auto for every two (2) SONANT employees; and standard COUNTY per 12 diem rate for meals, cost of lodging, mileage and miscellaneous expenses, such as taxi fares 13 (where no rental car is involved) and parking, directly related to a business trip to the 14 COUNTY'S location. COUNTY shall not be responsible for travel expenses incurred by 15 SONANT for trainees, supervisors, or sales staff, or for any other individuals not essential to the 16 onsite resolution of problems with the System. 17 D. Maintenance and Support Fees: SONANT shall invoice COUNTY for 18 support and maintenance fees of Twenty-One Thousand Eight Hundred Seventy-Eight Dollars 19 ($21 ,878.00) as specified in Exhibit F on an annual basis starting with the end of the one-year 20 warranty period, which period will commence on the date of acceptance of the System by 21 COUNTY. SONANT may increase System maintenance and support fees after the second 22 year following expiration of the warranty and upon thirty (30) days advance written notice to 23 COUNTY. However, SONANT shall not increase such fees more than once in any one-year 24 period. Further, no such increased fees will exceed the previous fees by more than the annual -10- 1 percentage increase in the Consumer Price Index, All Urban Consumers for the U.S., over the 2 previous year at the time of the proposed increase. 3 4 VI. A. GENERAL: Term: The term of this Agreement shall be one (1) year. This Agreement 5 shall automatically renew each year for an additional one-year period unless terminated 6 pursuant to Section E below. 7 8 B. Termination: 1. Non-Allocation of Funds: The terms of this Agreement, and the 9 services to be provided hereunder, are contingent on the approval of funds by the appropriating 10 government agency. Should sufficient funds not be allocated, the services provided may be 11 modified, or this Agreement terminated, at any time by giving SONANT thirty (30) days advance 12 written notice. 13 2. Breach of Contract: The COUNTY may immediately suspend or 14 terminate this Agreement in whole or in part, where in the determination of the COUNTY there 15 is: 16 a. An illegal or improper use of funds; 17 b. A failure to comply with any term of this Agreement; 18 c. A substantially incorrect or incomplete report submitted to the 19 COUNTY; or 20 d. Improperly performed service. 21 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of 22 any breach of this Agreement or any default which may then exist on the part of SONANT. 23 Neither shall such payment impair or prejudice any remedy available to the COUNTY with 24 respect to the breach or default. The COUNTY shall have the right to demand of SONANT the -11- 1 repayment to the COUNTY of any funds disbursed to SONANT under this Agreement, which in 2 the judgment of the COUNTY were not expended in accordance with the terms of this 3 Agreement. SONANT shall promptly refund any such funds upon demand. 4 3. Without Cause: Under circumstances other than that set forth 5 above, this Agreement may be terminated by COUNTY upon the giving of thirty (30) days 6 advance written notice of an intention to terminate to SONANT. COUNTY agrees to pay 7 SONANT and SONANT agrees to receive compensation for past work completed under this 8 Agreement up to the time of notice of termination. 9 C. Rights and Obligations: 1 0 1. Non-confidentiality: Neither party will have the obligation to maintain 11 the confidentiality of any data or information which: 12 13 from the other party; 14 a. b. was in the receiving party's lawful possession prior to receipt is later lawfully obtained by the receiving party from a third 15 16 party having no obligation of secrecy to the other party; 17 receiving party; 18 19 20 c. is available to the public through no act or failure of the d. is readily available in the public domain; e. ·is independently developed by the receiving party; or f. is a Public Record as defined by the Public Records Act. 21 The receiving party will immediately return or destroy any or all Confidential Information that 22 has been provided to it by the other party upon the other party's request. 23 2. Confidentiality and Non-disclosure: COUNTY and SONANT each 24 acknowledge that in the course of performing this Agreement certain COUNTY and/or SONANT -12- 1 employees, agents or representatives may be exposed to or acquire information which is 2 proprietary or confidential to COUNTY and its clients or to SONANT. Such proprietary and 3 confidential information may include, but not be limited to, information related to research, 4 development, designs, plans, reports, investigations, materials, data, pricing, trade secrets, 5 customer lists, salaries or business affairs ("Proprietary and Confidential Information") of 6 COUNTY and its clients or of SONANT. COUNTY and SONANT each agree to hold each 7 other's Proprietary and Confidential Information in strict confidence and not to make each . 8 other's Proprietary and Confidential Information available in any form to any third party or to use 9 each other's Proprietary and Confidential Information for any purpose other than for the 10 performance of work under and implementation of this Agreement. 11 3. Ownership: COUNTY'S Proprietary and Confidential Information 12 shall remain the sole and exclusive property of COUNTY. SONANT'S Proprietary and 13 Confidential Information shall remain the sole and exclusive property of SONANT. 14 4. Employees: Each party shall ensure that its employees, agents and 15 consultants, and in the case of COUNTY'S granting access to the System, its users, as 16 described herein, shall be permitted access to the other party's Proprietary or Confidential 17 Information only on a need-to-know basis, and are instructed regarding, and agree in writing, to 18 act in accordance with, the obligations of non-disclosure and non-use imposed by this 19 Agreement. Neither COUNTY nor SONANT shall solicit or hire any personnel of the other 20 during the term of this project, or for a period of one (1) year following the completion of the 21 implementation, without the written consent of the other party. COUNTY reserves the right to 22 recruit SONANT'S technical staff to support SONANT'S product in the event the company 23 becomes insolvent, bankrupt or acquired by another company. ~ 24 5. Proprietary and Confidential Markings: Each party expressly agrees -13- 1 to include, maintain, reproduce and perpetuate all notices or markings on all copies of all 2 tangible media comprising each party's Proprietary and Confidential Information in the manner 3 in which such notices or markings appear on such tangible media or in the manner in which 4 either party may reasonably request. 5 6. Customer's Data: All COUNTY data, records, documentation, 6 media, source codes, software and information ("Customer Data") processed by or input onto 7 the System to which SONANT has access, or otherwise provided to SONANT under this 8 Agreement, shall be and remain the property of COUNTY, and COUNTY shall retain exclusive 9 rights and ownership thereto. SONANT shall not use COUNTY data for any purpose other than 10 as required under this Agreement, and shall return all such data to COUNTY upon 11 implementation of the System or termination of this Agreement. No COUNTY data, or any part 12 or copy thereof, shall be disclosed, sold, assigned, leased, or otherwise disposed of to third 13 parties by SONANT or commercially exploited or otherwise used by or on behalf of SONANT, 14 its officers, directors, employees, consultants or agents. 15 D. Independent Contractor: In performance of the work, duties and 16 obligations assumed by SONANT under this Agreement, it is mutually understood and agreed 17 that SONANT, including any and all of SONANT'S officers, agents, and employees will at all 18 times be acting and performing as an independent contractor, and shall act in an independent 19 capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of 20 the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the 21 manner or method by which SONANT shall perform its work and function. However, COUNTY 22 shall retain the right to administer this Agreement so as to verify that SONANT is performing its 23 obligations in accordance with the terms and conditions thereof. SONANT and COUNTY shall 24 comply with all applicable provisions of law and the rules and regulations, if any, of -14- 1 governmental authorities having jurisdiction over matters the subject thereof. Because of its 2 status as an independent contractor, SONANT shall have absolutely no right to employment 3 rights and benefits available to COUNTY employees. SONANT shall be solely liable and 4 responsible for providing to, or on behalf of, its employees all legally required employee 5 benefits. In addition, SONANT shall be solely responsible and save COUNTY harmless from 6 all matters relating to payment of SONANT'S employees, including compliance with Social 7 Security withholding and all other regulations governing such matters. It is acknowledged that 8 during the term of this Agreement, SONANT may be providing services to others unrelated to 9 the COUNTY or to this Agreement. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. Section Titles: Titles to the sections of this Agreement are solely for the convenience of the parties, and do not explain, modify, interpret or expand the provisions of this Agreement. F. Modification: This Agreement may be modified from time to time by the written consent of the parties without in any way affecting the remainder. This Agreement including the Proposal and any addendums and exhibits may not be modified except by a written instrument signed by authorized representatives of both SONANT and COUNTY. G. Waiver: No term or provision of this Agreement will be deemed waived and no breach excused, unless the waiver is in writing and signed by the party granting such waiver. Any consent by either party to, or waiver of, a breach by the other party, will not constitute consent to or waiver of any other different or subsequent breach. H. Governing Law: Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. -15- 1 I. Enforceability: If any provision of this Agreement should be held invalid or 2 unenforceable, the validity and enforceability of the remaining provisions of this Agreement will 3 not be affected thereby. 4 J. Miscellaneous: The parties acknowledge that they have read the 5 Agreement, understand it and agree to be bound by its terms, and further agree that this 6 Agreement is the complete and exclusive statement of the agreement between the parties. 7 Each party has the power and authority to enter into this Agreement, and the person signing 8 this Agreement on behalf of each party has been properly authorized by their respective party 9 to bind the party to the terms and conditions of this Agreement. 10 K. COUNTY Contract Administrator: COUNTY appoints the Auditor- 11 ControllerfTreasurer-Tax Collector, or her designee, as COUNTY'S Contract Administrator with 12 full authority to deal with SONANT in any way and every regard concerning this Agreement. 13 L. Non-assignment: Neither party shall assign, transfer or sub-contract this 14 Agreement nor their rights or duties under this Agreement without the prior written consent of 15 the other party, which consent shall not be unreasonably withheld. 16 M. Insurance: Without limiting the COUNTY'S right to obtain indemnification 17 from SONANT or any third parties, SONANT, at is sole expense, shall maintain in full force and 18 effect the following insurance policies throughout the term of this Agreement: 19 1. Comprehensive General Liability Insurance with limits of not less 20 than One Million Dollars ($1 ,000,000.00); 21 2. Commercial General Liability Insurance with limits of not less than 22 One Million Dollars ($1 ,000,000.00) per occurrence and an annual aggregate of Two Million 23 Dollars ($2,000,000.00). This policy should be issued on a per occurrence basis; and 24 3. Workers Compensation Insurance in accordance with the California -16- 1 Labor Code. 2 Such insurance policies shall name the COUNTY, its officers, agents, and employees, 3 individually and collectively, as additional insureds, but only insofar as the operations under this 4 contract are concerned. Such coverage for additional insureds shall apply as primary 5 insurance and any other insurance, or self-insurance, maintained by the COUNTY, its officers, 6 agents, and employees, shall be excess only and not contributing with insurance provided 7 under SONANT'S policies herein. The insurance shall not be cancelled or changed without a 8 minimum of thirty (30) days advance, written notice given to COUNTY. 9 Prior to the commencement of performing its obligations under this Agreement, 10 SONANT shall provide certificates of insurance on the foregoing policies as required herein to 11 the COUNTY'S Risk Management Department, stating: that such insurance coverages have 12 been obtained and are in full force; that the COUNTY, its officers, agents, and employees will 13 not be responsible for any premiums on the policies; that such insurance names the COUNTY, 14 its officers, agents, and employees, individually and collectively, as additional insureds (except 15 Workers Compensation Insurance), but only insofar as the operations under this contract are 16 concerned; that such coverage for additional insured shall apply as primary insurance and any 17 other insurance, or self-insurance, maintained by the COUNTY, its officers, agents, and 18 employees, shall be excess only and not contributing with insurance provided under 19 SONANT'S policies herein; and that this insurance shall not be cancelled or changed without a 20 minimum of thirty (30) days advance, written notice given to COUNTY. 21 In the event SONANT fails to keep in effect at all times insurance coverage as herein 22 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate 23 this Agreement upon the occurrence of such event. 24 N. Audits and Inspections: SONANT shall at any time at SONANT'S facility, -17- 1 with reasonable prior notice and during business hours, and as often as the COUNTY may 2 deem necessary, make available to COUNTY for examination, all of its records and data with 3 respect to the matters covered by this Agreement. SONANT shall, upon request by COUNTY, 4 permit COUNTY to audit and inspect all of such records and data necessary to ensure 5 SONANT'S compliance with the terms of this Agreement. If this Agreement exceeds ten 6 thousand dollars ($10,000.00), SONANT shall be subject to the examination and audit of the 7 State Auditor for a period of three (3) years after final payment under contract (Government 8 Code Section 8546.7). 9 0. Notices: The persons and their addresses having authority to give and 10 receive notices under this Agreement include the following: 11 12 13 SONANT: SONANT Corporation 4105 Sorrento Blvd. San Diego, CA 92121 COUNTY: County of Fresno Auditor-Controller/Treasurer-Tax Collector's Office 2281 Tulare Street Fresno, CA 93722 14 Any and all notices between the COUNTY and SONANT provided for or permitted under 15 this Agreement or by law shall be in writing and shall be deemed duly served when personally 16 delivered to one of the parties, or in lieu of such personal service, when deposited in the United 17 States Mail, postage prepaid, addressed to such party. 18 P. Public Records Act: Nothing contained in this Agreement shall affect or 19 abridge COUNTY'S obligations under the Public Records Act. 20 Q. Force Majeure: A party hereto shall not be liable for any delay, or for any 21 damages or penalty for any delay in performance of, or failure to perform, any obligation 22 hereunder, or for failure to give the party prior notice thereof, when such delay or failure is due 23 to the elements, acts of God, war, insurrection, terrorist act, fire, flood, or earthquake, provided 24 it provides prompt notice of such events to the other parties herein upon becoming aware of -18- 1 them and takes all steps reasonably availabie to minimize the effect of such delay. 2 R. Entire Agreement: This Agreement constitutes the entire agreement 3 between SONANT and COUNTY with respect to the subject matter hereof and supersedes all 4 previous agreement negotiations, proposals, commitments, writings, advertisements, 5 publications, and understanding of any nature whatsoever unless expressly included in this 6 Agreement. In the event of any inconsistency in interpreting the documents which constitute 7 this Agreement, the inconsistency shall be resolved by giving precedence in the following order 8 of priority: (1) the text of this Agreement exclusive of the Exhibits hereto; (2) the other Exhibits 9 hereto excepting Exhibits G and H; (3) Exhibit G hereto; and (4) Exhibit H. 10 Ill 11 Ill 12 Ill 13 Ill 14 Ill 15 Ill 16 Ill 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill -19- 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 2 day and year first herein above written. 3 4 SONANT CORPORATION: 5 6 Charles W. Smith President & CEO 7 DATE: 8 9 TAXPAYER FEDERAL I.D. #: 33-0555 739 10 11 12 13 14 15 16 17 18 19 20 21 FOR ACCOUNTING USE ONLY: 22 Org No.: Account No.: 23 24 COUNTY OF FRESNO: Judith . ase Chairm n, Board of Supervisors DA TE:. _ ___,~""--1-1.!--174/u..o~S:'--- REVIEWED & RECOMMENDED FOR APPROVAL jrk~ Vicki Crow, C.P.A. Auditor -Controller/Treasurer-Tax-Collector APPROVED AS TO ACCOUNTING FORM VICKI CROW, C.P.A., AUDITOR-CONTROLLER Byd~~~~ ~~ Deputy APPROVED AS TO LEGAL FORM DENNIS A. MARSHALL, COUNTY COUNSEL 8~~ 9PutY ·20- ATTEST: BERNICE E. SEIDEL, Clerk Board ?~ s)P~visors ~-· By___ Dep%ty Ma~ 16 05 11:25a Sonant Corporation 858-623-8190 p.2 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 2 day and year first herein above written. 3 4 SONANT~ION: 5 ~--d5 6 Charles W. Smith President & CEO 7 5/t~!os-DATE: 8 ~ I 9 TAXPAYER FEDERAL I. D.#: 33-0555 739 10 11 12 13 14 15 16 17 18 19 20 21 FOR ACCOUNTING USE ONLY: 22 Org No.: Account No.: 23 24 COUNTY OF FRESNO: Judith G. Case Chairman, Board of SupeNisors DATE: ________ _ REVIEWED & RECOMMENDED FOR APPROVAL Vicki Crow, C.PA Auditor-Controller/Treasurer-Tax-Collector APPROVED AS TO ACCOUNTING FORM VICKI CROW, C.P.A., AUDITOR-CONTROLLER By:-=:---,,---------- Deputy APPROVED AS TO LEGAL FORM DENNIS A. MARSHALL, COUNTY COUNSEL By: ~D~e-p-u~~------------ -20- County of Fresno ACTTC Contract# __ _ Exhibit A Scope of Work 1. ACTIC Philosophy Our approach is to embrace technology and use it to streamline our operation so that we may better serve the public. The Tax Collector IVRIWEB Information and Payment System (TIPS) should take into account and leverage the County's existing IT investments to the benefit of the ACTTC in handling taxpayer requests for information and the efficient self-processing by the public of electronic payments via the IVR or web. 2. Desired Goal. The goal of this contract is to improve the level of service available to the public and increase the availability of tax data. The system should allow for different methods of data access and payment. The system should be easy to use and be accessible to the public from any telephone or Internet connection, resulting in a reduction in the number of walk-in and mailed installment payments. The system should be capable of handling the peak usage hours of the December and April payment periods with less than 15% of the callers experiencing busy signals. The desired solution should be modular in design, taking IVR, web and kiosk payments, processing and integrating them into a single, highly reliable, easy to manage, fault tolerant system that can be expanded to encompass future needs and changes in technology and business practices. 3. Scope of Work-Other departments. Although the scope of work covered under this contract is for the ACTTC, it is also a primary goal of the ACTTC to establish a basic system for the acceptance of electronic payments that all COUNTY departments and other COUNTY jurisdictions may utilize. Other COUNTY departments and jurisdictions should have the ability to choose whether they want to host services on their own servers or sites and pass payment information to the ACTTC Vendor, or COUNTY departments may opt to have the ACTTC Vendor develop and host an application for them. This will be determined and negotiated separately by each department and jurisdiction that has a need for such services. 4. General Requirements TIPS shall be a turnkey, fully integrated system, with IVR and Web applications tailored to the needs of Fresno County's ACTTC as set forth in this Exhibit. Exhibit A to Contract# ___ -Scope of Work 1 printed e Currently, Fresno County Tax Collector has 4 tax rolls with approximately 341,000 accounts and annual payments of approximately $450 million. The system shall be able to provide information to a caller from any of the applicable rolls: • Current Secured • Supplemental Secured • Delinquent Secured (Defaulted) • Unsecured The System shall provide callers and web site visitors with general and bill-specific information and allow them to make payments via credit card or eCheck. A single payment transaction may include payments on one or more installments for one or more parcels on any or all rolls. System features shall allow users to make payments and obtain account-specific as well routine information without operator assistance. The same payment options shall be offered to web and IVR users. The proposed system will receive a daily extract file of the ACTTC tax records from the County's mainframe computer. The system shall provide a credit card Batch Settlement Report and an eCheck Batch Report that staff can use to reconcile the daily report of funds received into the ACTCC/County Merchant Bank account(s). In conjunction with the credit card and eCheck processing, the system shall create a Transaction File that contains the details of each item in an authorized transaction. The Transaction File shall be retrieved by the ACTTC/County's financial system nightly for use in automatic updating of the host data base information and for distribution of the collected funds. The system shall include an automated call distribution (ACD) capability integrated with the IVR application for routing the calls to operators during office hours or placing the callers in a queue if all operators are busy. The IVR portion of the system shall be connected to digital trunks from the telephone company's central office. The telephone connections shall support callers who are: • performing IVR functions • waiting in queue to speak with an operator, and • speaking with an operator. The assignment of ports to these functions shall be configurable Initially, the system will be supplied with 48 digital telephone ports connected to the ACTTC/County's telco, configured to support a minimum of 12 callers performing IVR functions, a Exhibit A to Contract # ___ -Scope of Work 2 printed E maximum of 12 callers waiting in queue and a maximum of 12 callers speaking with an operator. Remotely located kiosks shall provide users with the same functions provided to the users accessing the web application on the County's Website with a browser. 5. Deliverables Note: ACTTC is responsible for providing the hardware and operating environment software that hosts the System's web application. The following items shall be delivered by the Vendor as part of this contract: • The hardware platform and operating system that hosts the local database, IVR application software and the Electronic Payment Server (EPS) software • The telephone interface hardware, installed in the platform • The Electronic Payment Server software, including EPS Manager • The application software products and custom software required for the IVR solution • The web pages and interface software that will be installed on the ACTTC/County's web server • A Management Plan consisting of the following: • Implementation Plan • Acceptance Test Plan • Training Plan • System acceptance testing support • System training • System documentation • Maintenance plan (Exhibit F) 6. Specific Requirements The system shall satisfy the following requirements: General 6.1. The Tax information and payment options shall be available to the public via IVR, web and kiosk. The functions provided by the remote kiosk(s) shall be the same as those provided to the users accessing the web application on the County's Website with a browser. 6.2. The system shall be expandable in the number of telephone ports that can be accommodated by a given platform, the number of platforms that can be Exhibit A to Contract# ___ -Scope of Work 3 printed E operated as a system and the number of applications that can be hosted on a system. 6.3. The system shall be modular so that only those sub-systems that are desired can be installed. Other modules shall be able to be added as needed without re-designing and with a minimum amount of tailoring of the application software. 6.4. The system shall be capable of integration with other potential data resources such as Electronics Record Management (ERM) systems, document imaging, mainframe, etc. 6.5. All payment applications and methods of payment shall access a common EPS database and utilize a single database management tool. 6.6. The website application pages shall maintain the ACTIC and COUNTY branding in order to provide a seamless look to the user. The web application shall function with the latest versions of the most popular browsers including Internet Explorer, Netscape, Mozilla, and Opera. The web payment application shall not download cookies or browser plug-ins to the payee's computer. The web payment application may use client scripting (Java Script) for user input validation and page management. The payee's computer executes the script but does not download and save them as files. 6. 7. Access via telephone for the hearing-impaired in accordance with the "accessibility" requirements outlined within the American with Disabilities Act will be accomplished with the assistance of Telecommunications Relay Service (711). Platform The ACTIC/County is responsible for providing wheelchair accessibility to the kiosk(s) 6.8. The hardware required to implement the property tax payment system is identified in Exhibit D. 6.9. The IVR and EPS (payment) server shall be installed on the County's internal network. It shall be able to support the following connections: o Incoming HTTPS requests from the payment web server located presumably in the County's DMZ network o Outgoing HTIPS requests to the off-site payment processors o FTP to import mainframe data and export transaction files to the mainframe • Remote support by Sonant using VPN access via the Internet Exhibit A to Contract#· ___ -Scope of Work 4 printed e Host Data 6.1 0. The system shall receive a nightly extract of the ACTTC tax records from the County's mainframe computer in the form of one or more file transfers. The file(s) shall be formatted as readable text with comma-delimited fields. The content of the file(s) shall be mutually defined by Vendor and the ACTTC/County as part of the initial contract technical effort. The County shall be responsible for creation of the Download File(s) and delivery to the system's FTP folder. The content and format of the initial download that ACTTC provides from the host systems shall be the same as the daily, on-going downloads. 6.11. The system shall populate its local database with the current year information from the file(s). 6.12. ACTTC/County shall provide the final yearend download of the Secured, Supplemental Secured and Unsecured file(s) that shall be the basis for the historical data stored by the system. The records shall consist of the information contained in the nightly database extract after ACTTC has completed the tax yearend processing of timely payments. Delinquent Secured roll data shall not be included in the yearend download. 6.13. The system shall populate its local database with the historical information from the file(s). 6.14. The system shall include the provision for storing up to twelve (12) years of history for Secured, Supplemental Secured and Unsecured taxes. 6.15. Initially, ACTCC/County will provide downloads for the two years prior years. User Interface 6.16. All methods of user access (IVR, web or kiosk) shall utilize the common local databases of current and historical information. IVR, web and kiosk users shall be offered the same payment options for a given roll-parcel-installment. To the extent feasible, the IVR users shall be provided the same information as the web/kiosk users. 6.17. IVR users shall be offered the choice of hearing messages and prompts in English or Spanish 6.18. The system shall allow IVR users to provide their inputs either via the telephone touchtone keypad (DTMF mode) or via spoken inputs (ASR mode). In the event of repeated errors in the speech recognition mode the system shall automatically revert to the DTMF mode. Exhibit A to Contract# ___ -Scope of Work 5 printed E 6.19. To the extent that the desired information is available in the local database of current and historical data, the system shall provide the IVR and web/kiosk user with tax bill information including tax rates, special assessments, lien dates, etc. as defined in the system's approved Functional Description. For each roll, users shall be able to select the following functions: o Pay current or delinquent taxes due on one or more properties with Credit Card or eCheck o Listen to current year payment and other status information about a specific property or bill o Request that a duplicate bill be mailed o Listen to prior year information about taxes and payments (not available for Delinquent Secured) o Listen to the answers to frequently asked questions about the selected type of tax as well as general information regarding Fresno County property taxes. 6.20. Users will access the information by selecting either Secured or Unsecured rolls and then providing a parcel number or a default number. If prior year information is desired the user will also provide the desired fiscal year. For instances where the user only provides the 8-digit number the system will retrieve all information in the database related to that number and offer the user the applicable alternatives. Where this is not practical, the caller will select the desired roll from a top- level menu of choices for Current Secured, Supplemental Secured, Delinquent Secured (Defaulted) and Unsecured taxes. Throughout the call, callers may navigate among the rolls through menu selections. 6.21. The system shall include a web-based EPS Manager function that allows authorized staff to research transactions, perform voids and refunds, print reports and initiate the settlement process. 6.22. Text-to-speech (TIS) technology shall be used to voice applicable text information contained in the selected local database record. 6.23. The system shall include a streamlined rapid payment path that only voices status information about conditions that directly impact the options to pay the amount(s) that are still outstanding. 6.24. Provided that the County has arranged with the teleco to supply the caller's number to the system, the system's IVR application shall record the number if the tax bill information shows there are defaulted taxes on the parcel. The system shall be able to generate a special script report containing this information. Payments 6.25. The system shall allow the IVR, web and kiosk user to make a payment on current-year taxes via credit card or electronic check. No payment options shall be offered for prior years. Exhibit A to Contract# ____ -Scope of Work 6 printed e To the extent that the County's merchant banking account agreement allows, the system shall also accept credit payments from "dual use" (i.e., credit/debit) cards. 6.26. The payments that can be accepted for each roll are determined by the ACTTC's Business rules. 6.27. . The System shall support a "shopping cart" approach to payments that will allow the user to include payment on multiple parcels and different tax rolls in a single credit card or e-check transaction. 6.28. Credit card transaction requests for authorization shall be submitted to the credit card network in real-time. If authorized, the funds will be earmarked in anticipation of settlement. The system shall provide a confirmation reference number to users who's Authorization Request to the credit card network is approved. 6.29. eCheck Authorization shall consist of checking the format and submission to the ACH processor for account routing checking. If successful, the user shall be notified that the transaction has been accepted for processing and shall be given a confirmation reference number. 6.30. The proposed system shall include a hidden path that authorized staff can use to make payments for amounts other than shown as due in the parcel records. Settlement 6.31. At the time(s) specified in the ACTTC's Business Rules, the system shall batch the credit card transactions that have been authorized but not settled and submit the batch to the credit card network for settlement. The system shall provide a Batch Settlement Report that staff can use to reconcile the daily report of funds received into each of the ACTCC/County Merchant Bank account. The report identifies each settled payment transaction and the total payments for the batch, segregated by user defined type, such as IVR, Web or Kiosk. 6.32. At the time specified in the Federal Reserve's ACH schedule, thee-check transactions that the ACH processor has not previously submitted to the ACH shall be submitted. Typically, this is all of the transactions for the current day The system shall provide a psuedo Settlement Report that identifies the transactions contained in the batch. Transaction File 6.33. The system shall create a daily Transaction File of all settled credit card transactions and all posted e-check transactions. The Transaction File shall be created after the settlement and posting are successfully completed. Exhibit A to Contract# ___ -Scope of Work 7 printed e The system shall place the file in the system's FTP folder. The County shall be responsible for retrieving it and performing the associated host database updates and funds distribution. After successful retrieveal, the County shall delete the copy of the file in the FTP folder as a signal to the system that the . file has been retrieved by the host. The Transaction file shall be formatted as a readable text file with comma- delimited fields. The final contents and format of the file shall be documented as part of the initial contract technical effort. As a minimum, for each transaction the file shall contain: • date and time paid • method of payment • transaction identifier • authorization/confirmation number provided to the user • total tax(es) paid and • total fees paid. In addition, for each item included in the transaction the file shall contain: • roll type • parcel or bill number • sub number (if applicable) • roll year • installment identifier • default number, if applicable and • amount paid. EPS Management 6.34. The system shall include a browser-based EPS Manager function that allows authorized staff to research transactions, perform voids and refunds, print reports and initiate the settlement process. Security 6.35. All sensitive information regarding payment transactions (e.g. credit card numbers, expiration dates, checking RTN and account numbers, etc) shall be stored in encrypted form in the System's EPS database, which shall be located within the County's firewall(s). The encryption will use commercially accepted algorithms. Sensitive infomnation about completed transactions shall not be offered to the users. 6.36. The web/kiosk user shall be informed that he/she is entering a secured area before being asked to provide any e-check or credit card information. 6.37. Transmission of information across the firewall shall be via HTTPS. All data transferred between the system and the third-party processors during Exhibit A to Contract# ___ -Scope of Work 8 printed E transaction processing shall use the HTIPS protocol to provide both encryption and authentication (Exception: If the County's merchant bank can not accept transactions from a credit card processor that employs HTIPS, the credit cards shall be processed using a dial-up link. In this method, the credit card data is not encrypted.) 6.38. Access to the servers for diagnostic/maintenance purposes, whether via VPN or modem, shall be password restricted. 6.39. If the County's web server does not contain a trusted certificate that can be used by the payment web pages the County shall be responsible for obtaining an SSL certificate for the web application. ACD Functions 6.40. During office hours, callers who request assistance shall be routed to an operator/agent via the telco and the County's existing telephone equipment. The system shall include an integrated automated call distribution (ACD) capability for routing the calls or placing them in a queue if all operators are busy. The size of the queue shall be configurable by authorized ACTIC/County staff. 6.41. The system shall allow an operator to easily log off or opt out to one of up to nine Other Work categories. The system shall not attempt to route calls to operators who are in Other Work. 6.42. When an operator is ready to take a call, the information gathered during the IVR portion of the call (e.g., tax type and parcel number) is presented in a small window on the agent's desktop PC known as the lnfoLock™ window. A section of this window also contains a message informing the operator why the call is being routed to the call center. 6.43. To the extent that the desktop software of the ACTIC's call center agents provides an API for requesting the host data, the system shall support popping of a host screen based on the parcel or bill number provided by the caller. 6.44. During times when operator support is not available and when all available agent's are busy taking calls, the system shall provide for the caller the option of leaving a message with a return phone number requesting a callback from an agent. Mise 6.45. Training shall be provided on-site for up to three system administrators, one ACD Administrator, two ACD Supervisor/Managers and 10 ACD Agents in accordance with the Training Plan. Exhibit A to Contract# ___ -Scope of Work 9 printed E 6.46. The system shall provide daily and period reports of lVR and ACD activity. These reports may be scheduled or printed on demand. They shall be available as printed reports, in rich text, or in comma-delimited format for use in importing into other applications. The Electronic Payment System shall provide the following reports that can be produced using the web-based EPS Manager: 1. Single Transaction Report. 2. Transactions report by transaction summary: All transactions , accepted transactions, declined, etc. 3. Batch reports 4. Ad hoc transaction and batch reports based on search parameters: date range, transaction type, merchant, department, etc .. 5. Custom reports based on customer requirements. 6. EPS usage report: statistics. EPS Manager User audit report. 6.47. Warranty and Maintenance per contract and Exhibit F. 7. The County is responsible for providing the following: • During implementation and for the term of the agreement, the ACTTC shall provide a primary contact person who will arrange for staff assistance by COUNTY IT and ACTTC staff, as required. • Staff with knowledge of the business rules and practices employed by the ACTTC who can assist Sonant in the documentation of this information. • Data Base Administrator with knowledge of and responsibility for the ACTTC's host database/applications. • Staff with knowledge of the County's phone system who can assist Sonant in defining the precise interface that will be provided to the ClientCall system. • Staff with knowledge of the County's LAN who can arrange for VPN access and provide information about restrictions, addressing, etc. • Conditioned space for the installation of the ClientCall system. • All power, telephone and LAN wiring to the location of the ClientCall system • All on-premises telephone switch and phone instruments and head sets • Any interface hardware required to be added to the on-premises phone switch for the purposes of delivering calls to the system and accepting calls from the system for routing to an agent. • Unpublished extension numbers for each of the agents (and supervisors who may take calls) that the system can use to route calls to the agents. (Note: Exhibit A to Contract#. ___ -Scope of Work 10 printed e Since the agents/supervisors typically need to use their phones for other calls at some time during the day, this normally means that the instruments must be wired for and support at least two phone lines.) • A DID modem line, available at the location of the system. (If the system is expanded to multiple platforms, a diagnostic modem line will be required for each platform.) • A phone line and instrument at the system location for use in coordinating trouble shooting and maintenance. • ACD agent and supervisor PCs, with Windows 98 or later and sufficient RAM and disk space for the respective ACD software. • Dedicated Attachmate session on each ACD seat's PC for use in popping the host screen(s) • A daily extract file of the ACTTC tax records from the ACTTC/County's mainframe computer delivered to the system's FTP folder. • Retrieval of the daily Transaction File of all authorized and settled payment transactions from the System's FTP folder and performance of the associated host database updates and funds distribution. • Spanish translation of the approved IVR English Phrase List, English ASR grammars and the approved web application message text. 8. Acceptance The system shall be considered as Accepted for the purposes of this Agreement upon the earlier of either: a} Verification by the County that Sonant has corrected all problems reported to Sonant in writing within the first 21 days following completion of installation. Such verification to be performed in a timely manner, but in no case longer than 7 days after Sonant delivers all corrected software and/or hardware. b) The System being placed into productive use by the public. Exhibit A to Contract# ___ -Scope of Work 11 printed : County of Fresno ACTTC Contract # __ _ Exhibit B Project Schedule Item/Task Completion Responsibility No Description (weeks ARO) 0 Issue Purchase Order 0 COUNTY 1 Provide Reference Material a Proposed content of the nightly download file( s) 0 COUNTY b Business Rules that apply to IVR and/or IWR 0 COUNTY c Data required in Transaction File for each type of 0 COUNTY payment 2 Telecon to review Reference Material 1 Joint 3 Submit Project Draft Documentation 3 Sonant IVR Functional Description Database Download File Specification Transaction File Specification Call Flow Diagram English Pbrase List IWR Map and Page Functional Descriptions ClientCall Installation Requirements Document 4 Project Review Meeting 4 Joint 5 Facility Preparation Orders a Decide ifthere will be any changes to the phone service 4 COUNTY provided by the telco b Order telco changes, if any 5 COUNTY c Order changes to internal phone services (wiring, 5 COUNTY equipment, and programming), if any d Order(s) for site preparation for installation of kiosk 5 COUNTY 6 Document Revisions 1 Exhibit 9 to Contract#:...._ __ -Project Schedule printed 3/712005 10:20 AM Item/Task Completion Responsibility No Description (weeks ARO) a Provide comments on Draft Documents 4.5 COUNTY b Submit revised documents 5.5 Sonant c Final Comments/ Approval 6 COUNTY 7 Acceptance Test Plan a Submit Draft 6 Sonant b Review and p_rovide Comments 6.5 COUNTY c Submit revised Plan 7 Sonant d .Approval 7.5 COUNTY 8 Provide Spanish Translation of Approved English Phrase 7.5 COUNTY List 9 Test Environment for Software Development a Provide VPN access to Host for development and 4.5 COUNTY testing download and Transaction File b Sample Download File(s) 6 COUNTY Description of test cases using records in the file(s) 10 Receive Kiosk from Manufacturer 8 Sonant 11 Build ClientCall Platform (hardware and system software) 8.5 Sonant 12 IVR Application Software Development 9 Sonant 13 IWR Application Software Development 9 Sonant 14 Facility Preparation for System Installation 9 COUNTY (includes phone lines from telco, internal phone equipment and wiring, and Website firewall access rights) 15 Factory System Integration and Pre-ship Testing 10 Sonant 16 Sb!P system 10 Sonant 17 Installation, Functional Acceptance Testing, and User 11 Joint Training 18 Additional System Testing a Functiona~ operational and load testing 12 COUNTY b Correction of any documented problems 12.5 Sonant 2 Exhibit 8 to Contract#-___ -Project Schedule printed 31712005 10:20 AM Item/Task Completion Responsibility No Description (weeks ARO) 19 Final Voice Files a Approval of any changes to English Phrase List 12.5 COUNTY resulting from Functional Acceptance Testing and additional testing b Spanish translation of Approved changes to English 12.5 COUNTY Phrase List c Remote installation of final c~ges to voice files 13.5 Sonant 20 System Acceptance and cutover to Operational status 13.5 COUNTY 3 Exhibit B to Contract# ___ -Project Schedule printed 3/7/2005 10:20 AM County of Fresno ACTTC Contract# __ _ Exhibit C Pricing and Billing Schedule Pricing The following pricing applies to the tum-key system solution that includes IVR, Web, and Electronic Payment fully integrated into a single server platform that is based on Sonant's Tax Talk application software. 1 Product Hardware CC4053-PLO 1 ClientCall 4053 Rack Mount Server Platform, including 4u Chassis, RAIDS 4-disk hard drive array, and redundant fans and hot swap power CC4000-48DP Interface CC4000-KJ1 Product Software CC4000-AGE ClientCall Software License, includes Application Generation Environment for IVR, audiotext, and auto-attendan~ CTI software, and 16 CC4000-KEY 16 I $9,200 $9,200 $6,790 $6,790 $4,165 $4,165 Exhibit C to Contract# ___ -Pricing and Billing Schedule printed 5110/2005 2:34PM r·-r;--~;',"1!'"-'-r--~, .. ,.;;.r~ ~· i~:.·,·:·,. ·· :.' ~·:· ~)'>='-.::.'~ ... ·--:~ .. :r-·.,~·· -.~, ··-,".· · ·: .. i~,. F''-"'t),:-· 1· ~~-;:~) .,-~,..~;;: , .... ,tjl.,bn.:·;-·. d~·V?.nr..:;;··' ·1· ·:~.~~ ··, .• : -.• ,.·h.\,,J,;:f~JS1p~~ltrnHI'" .:··,·-~.-•••• ·1j" -1'1:'11~ I! ·II•JJ.,l''' _, L~-~~:f:iC'Ii·.r~cf: ~:~?:~ ~~~~;-·~~1V2.:1 ·-~·~_>:~ ~--. ~~<.~· , 7):< >-~ ~~-_: .~/:t ~ ~.: ~ · -~" ~ ~~:;:~t::c·.·~ ~~~(~~ r. ~~~:.·:·_; -~!:.t-: .. ~::1~\--~:~----~-- l CC4000· ACDIInfoLock System Software License for up $6,375 $6,375 ACDSL to 6 seats, including inbound calling, report generator, and CTI screen pops oflnfoLock Window to a~ents' PCs 8 CC4000-ACD Additional Agent Seat Software license, $550 $4,400 ACDSLI oer seat I CC4000-HII TN3270 Host Interface Software License $3,400 $3,400 I CC4000-ClientCall TaxTalk Application Software $6,000 $6,000 CTASL License I CC4000-EPSL Electronic Payment System Base Software $8,200 $8,200 License for I Department, I Merchant Account, and 2 Managers I CC4000-Electronic Payment System Software License $2,000 $2,000 EPSLI for Additional Merchant Account Product Software Subtotal $63,860* Application Software Development I CC4000-ASD Application Software Development for TaxTalk $17,700 $17,700 IVR, including: specification, programming, documentation, customization, and test I CC4000-ASD Application Software Development for TaxTalk $15,200 $15,200 IWR, including: web specification, programming, documentation, customization, and test Application Software Development $32,900 Subtotal Support Services I CC4000-SCD System Configuration and Delivery for IVR $12,550 $12,550 including: system specification and configuration, project management, documentation, professional voice recordin~s. and factorv integration and test I CC4000-SCD System Configuration and Delivery for WEB $6,200 $6,200 including: system specification and configuration, project management, documentation, web page desi~n. and factory integration and test I CC4000-SCD System Configuration and Delivery for Kiosk $1,200 $1,200 including: specification and configuration, and factorv integration and test I CC4INSTALL Onsite system Installation, testing, and System $5,240 $5,240 -US Administrator training I CC4ACDTR ACD Ai!ent Training one day on-site $1,000 $1,000 I MISC Total Misc. Travel Exnenses $2,450 $2,450 I CC4M-BW One Year WarrantY Service Plan Included Included I CC4M-WEU Annual Enhanced Level System Maintenance $4,606 $4,606 Uolift for lst vear warrantv Suooort Services Subtotal $33,246 2 Exhibit C to Contract#· ____ -Pricing and Billing Schedule printed 5/10/2005 2:34PM *Taxable Billing Schedule The billing'percentages shown below are of the total price shown above. Milestone 1. 25% Delivery of the revised project documentation for final approval. (The documentation includes: IVR Functional Description, Database Download File Specification, Call Flow, Phrase list and IWR Map and Page Functional Descriptions.) Milestone 2. 55% Delivery of the Sonant-supplied hardware and software. Milestone 3 20% Acceptance of the Sonant-supplied hardware and software. 3 Exhibit C to Contract# ___ -Pricing and Billing Schedule printed 511012005 2:34PM County of Fresno ACTTC Contract# __ _ Exhibit D Equipment List The vendor-supplied system shall include the following deliverable equipment o ClientCall 4053 hardware platform and consists of the following items: • Telephony grade rack mount fault tolerant server platform with redundant cooling fans, hot-swappable redundant power supplies and slides • Pentium IV processor, 2.4 GHz and 512KB cache • 1GB RAM • RAIDS Hard Disk array with 4 36GB, 1 OK 'rpm drives and a RAID SCSI controller. Includes a hot Spare Hard Disk on board. • 10/100 Ethernet Controller • 24X CD-RW/DVD ROM Drive • 3.5" 1.44MB floppy disk drive • 56K data modem o 48 Port Digital dual T-1 telephone interface module o Single line data modem (backup for credit card processing) o 1500 VA Uninterruptible Power Supply o Kiosk TBD Exhibit D to Contract #c..._ __ -Equipment List 1 printed 3/712005 10:20 AM EXHIBITS TO PROFESSIONAL SERVICES AGREEMENT FOR SONANT CORPORATION EXHIBIT E SOFTWARE LICENSE AGREEMENT Sonant Corporation Software License Agreement This is a license agreement rucense") and not an agreement for sale. Sonant Corporation. (Hereinafter referred to as 'Sonanr) owns, or has licensed from the owner, copyrights in the Software and provides the Software under the licensing terms as provided below. The term Software means the logical instructions to which this License refers and all such human or machine readable or translatable versions whether they be stored on physical or electronic media. The term Software is also meant to include such ancillary materials, any user instrudlons, design specifications or any other reference documen~ tation supplied wllh the licensed Software. You assume responsibility for the selection of the Software to achieve your Intended results, and use and results obtained from the Software. 1. UCENSE You may: a. use the Software on a non-exclusive basis with a single Sonant voice processing system, for each Ucense . purchased; b. copy the Software Into any machine readable or printed form for backup in support of your use of the Sollware as permitted herein; c. transfer the Software to another party If all of the following conditions are met: the other party accepts the terms and conditions of this License; a copy of this License signed by the other party is returned to Sonant; you transfer or destroy all copies, modifications or merged portions of the Software. Any such transfer terminates your lk:ense. If you transfer the Software and this lleense to the U.S. Government such transfer shall be under the restrictions set forth in Article 5 below. You may not a. distribute copies of the Software or any portion thereof in any form, including but not limned to flow charts, logic diagrams, computer codes, and listings to others without the prior written permission of Sonant, b. modffy, reverse assemble, reverse compile, or translate the Software without the prior written consent of Sonant. Title to the Software and all rtghts therein, including all rights in patents, copyrtghts and trade secrets applicable thereto, shall remain vested In Sonant or itS licensor. Tit1e to any copies made, in whole or in part, shall remain vested In Sonant or its licerv;or. You must reproduce and Include the copyright notice, other proprietary notices, or legends of the Software on any copy. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOF1WARE, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION, OR MERGED PORTION OF THE SOF1WARE TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED UPON SUCH TRANSFER. 2. TERM Tho Ucense is effective until terminated. You may terminate n at any tlme by destroying the Software together with all copies, modifications, merged portions in any form, and documentation. It will also terminate upon conditions set forth elsewhere in this License or if you fail to comply with any term or condition of this Ucense. You agree, upon such termination, to destroy the Software together wtth all copies, modifications, merged portions in any form, and documentation. 3. WARRANTY The terms of warranty offered by Sonant for this software, If any, will be defined separately as part of a purchase contract. 4. UMITATIONS OF UABILITY SONANTS CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY ClAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE VALUE OF ANY CONTRACT UNDER WHICH THIS SOF1WARE IS LICENSED. IN NO EVENT WILL SONANT BE UABLE TO YOU, WHETHER IN CONTRACT OR IN TORT, FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, EXEMPLARY OR CONSE· QUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF SONANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL SONANT BE LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. 5. U.S. GOVERNMENT USE If this Software and related documentation is to be used by or for the U.S. Government, or under a Government Contract or Subcontract, by accepting delivery of this Software, the U.S. Government hereby agrees that this Software qualifies as ~commerctal" computer software within the meaning of FAR Part 12.212 (October 1995), DFARS Part 227.7202·1 (June t995), and DFARS 252.237-7014(a) (June 1995). The terms and conditions of lhis Software License Agreement shall pertain to the U.S. Government's. use and disclosure of this Software, and shall supersede any conflicting contractual terms or cOnditions. Sonant copyrighted documents and/or materials to be delivered hereunder are considered ·unpublfshed works". 6. EXPORT CONTROL ASSURANCE You hereby assure Sonant that you will not export or re-export any Software or the direct product thereof supplied by Sonant, directly or Indirectly, to the countries listed In Section 779.4 and associated or successor sections of the U.S. Export Administration Regulations of the U.S. Dept of Commerce unless authorized by the U.S. Government. 7. ARBITRATION Any controversy or claim arising out of orrelatlng to this Ucense or the breach thereof shall be settled by arbitration in San Diego County, CA, In accordance with the Commercial Arbitration Rules of the American Arbitration Assn., and judgment upon the award rendered by the arbitrator(s) may be entered in any Customer having jurisdiction thereof. 8. GENERAL This Ucense will be governed by the laws of the State of California. Should you have any questions. concerning this License, you may contact Sonant by writing to Sonant Corporation, Contracts Dept., 4105 Sorrento Valley Blvd, San Diego, CA 92121. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITIEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATIER OF THIS LICENSE AGREEMENT. AGREED AND ACCEPTED BY THE PARTIES HERETO: Sonant Corporation Customer Signature: Signature::_--------------- Name: Charles W. Smith Name: Title: President/CEO Tttle:. ___________________ __ Date: Date:. _________________ _ County of Fresno ACTIC Contract # __ _ Exhibit F Maintenance and Support Agreement Enhanced System Service Contract No. Customer Name: Address: Start Date: City/State/Zip: End Date: Contact/Telephone: Authorized Customer Technical Contacts: I. 2. 3. This Product Maintenance and Support Agreement ("Agreement") will confirm the terms and conditions under which Sonant Corporation ("Sonant") will provide software and equipment maintenance and support services (collectively referred to as "Services") to the above stated party ("Customer") for the software and equipment identified on Exhibit A attached hereto (the "Equipment"). I. TERMANDTERMINATION: The initial Term of this Agreement is for one (1) year. This Agreement shall commence on the "Start Date" shown above and shall remain in effect through the End Date shown above. This Agreement may be extended for additional one (I) year periods by mutual written agreement of the parties. 1 i:\corp\sales\new\west\Fresno tax\Exbibit F to Contract-Sample Maintenance Agreement. doc After the first year of Service, this Agreement may be terminated either (i) by Customer upon thirty (30) days' written notice to Sonant, (ii) by Sonant upon sixty days' written notice to Customer, or (iii) by either party upon a default of the other party, such default remaining uncured for thirty (30) days from the date of written notice from the non- defaulting party to the other specifying such default, or (iv) upon the bankruptcy or insolvency of Sonant. Upon such termination, Sonant shall refund to Customer a portion of the annual fee prorated to reflect the date of termination and neither party shall have any further obligations hereunder. U PAYMENT: As consideration for the Services, Customer shall pay Sonant an annual fee of$ on or before the Start Date hereof and on the anniversary date for each subsequent renewal term. The payment terms for all other payments hereunder shall be Net 30 days from date of invoice. m AV AUABIT..ITY OF SERVICES: The Services to be provided by Sonant to Customer under this Agreement are available as follows: Technical Support Hotline: Coverage is provided 24 hours a day and seven days a week. The hotline is staffed by a specialist from 8:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday, excluding Sonant standard holidays as published annually. Customers will be provided additional access information for after hours support. This access information will allow the Customer to contact Sonant personnel when the technical support hotline is not staffed. The on-call Sonant specialist will receive a page and retrieve the caller's information from Sonant's voice-mail system. The Sonant specialist will then contact the Customer by telephone. Response Time: Sonant will make best efforts to acknowledge or reply to all requests for Services within 30 minutes of each request by Customer. Initiation of Services: All Services requested by Customer are to be requested through Sonant's technical support hotline: 1-800-364-5171. Press "3" at the prompt in the greeting message to be 2 i:\corp\sales\new\west\Frcsno tax\Exhibit F to Contract-Sample Maintcnanco Agreement.doc On-site Services: connected to Customer Support. The technical support representative will log the call into the Sonant technical support system, and gather additional information about the reported problem. On-site software support or maintenance Services shall be provided by Sonant under this Enhanced System Service Agreement only in the event that remote diagnostic efforts cannot resolve the designated problem. IV. MAINTENANCE AND SUPPORT SERVICES: During the Term hereof; Sonant will (i) maintain the Equipment identified on Exhibit A, attached hereto and made a part hereof by this reference, in good working order and will make all necessary repairs and adjustments, (ii) cause the software identified on Exhibit A hereto (the "Software") to operate according to the published specifications and without error and (iii) make available one copy of any updated release of the Software, or part thereof; to Customer without charge, which Customer may substitute for a prior release. In addition, Sonant will provide published bulletins describing new releases, maintenance releases, temporary problem resolutions and circumventions, support level changes and other information with respect to the Software, which updated releases Customer may obtain at no additional cost, except for Sonant's then-applicable mailing and media charges. During the initial call from the Customer, Sonant will gather information and attempt to isolate a reported problem to a hardware or software failure. For hardware failures, it will be isolated to a Field Replaceable Unit (FRU). Any failed hardware will be replaced by Sonant in advance of receiving the Customer's defective hardware. Subject to availability of hardware and diagnosis of the problem, calls received by 2:00 p.m. Pacific Standard Time will have hardware shipped the same day by overnight priority service (for arrival the next morning). For calls received after 2:00 p.m., the hardware replacement will be shipped the next business day. The Customer will be provided with a Return Material Authorization (RMA) number when replacement of the Customer's hardware is necessary. The Customer agrees to return, at their expense, the replaced hardware within thirty (30) calendar days in order to avoid being invoiced at full purchase price for the FRU. The Customer agrees to pay a restocking fee of 15% of the full purchase price if FRU is returned after the 30 day period. If Customer has paid full purchase price, Sonant will issue a credit of85% of the purchase price upon receipt ofFRU. Customer may contact Sonant after the FRU arrives for technical assistance and/or verify resolution of the reported problem. Sonant will supply, at no additional cost, all replacement parts necessary to ensure proper functioning of the hardware. Replacements will be new or reconditioned to meet new specifications. 3 i:\corp\sales\new\west\Fresno tax\Exhibit F to Contract-Sample Maintenance Agreement. doc All replacement parts will become the property of the Customer while all replaced parts will become the property of Sonant. In the event that the shipped replacement parts do not resolve the reported failure within two (2) working days from the initial time of fault report, a specialist will be dispatched with additional spare hardware to the Customer site on the next working day. For Software problems, Sonant will determine if the reported problem is a Software Defect, defined as Software that does not conform to current Sonant specifications or product documentation. Software Defects will be corrected using a variety of methods including but not limited to an operational "work-around", software "patch", or upgrade to a newer version of the Software. The Software Defect correction method will be determined by Sonant. All Software Defects will be written up by the Sonant representative and submitted to Sonant engineering for correction in the next regularly scheduled Software release. For reported problems that are detennined not be a Software Defect, such as a need for a new or modified feature of the Software, Sonant will make a reasonable effort to provide an operational work-around to the Customer. Changes to the Software that are required due to changes in other devices not supplied by Sonant and connected to the Equipment are not Software Defects and are not covered under this Agreement. Reported Software problems that are resolved at the Customer's site and are not due to Sonant Software Defects will be billed to the Customer at Sonant's published Time and Material (T&M) rates plus travel expenses which include an 10% burden (abated G&A rate). As an example, problems in the Software that arise due to changes made by the Customer to the Software or changes in the Customer's host computer or telephone system would normally be billable. V. SPECIAL TERMS AND LIMITATIONS: The following special terms and limitations for the maintenance and support are agreed upon by the parties: 1. The eligibility of the Customer's system(s) for this Enhanced System Service will be established by Sonant. Among other things, in order to be eligible for this Enhanced System Service the Customer muct provide Sonant with VPN access to the system, or the Customer's system(s) must be equipped with a remote diagnostic modem. 2. Sonant reserves the right to define the addition of a major function to the Software as a new product option and not as an update. 3. Sonant reserves the right to adjust its fee associated with this Maintenance and Support Agreement for any Renewal Term, provided it provides written notice to the Customer of the fee change a minimum of 30 days prior to tbe start of the Renewal Term. 4 i:\corp\sales\new\west\Fresno tax.\Exhibit F to Contruct-Sample Maintenance Agr-eemcntdoc 4. Sonant will have no obligation to correct defects or· difficulties due to Customer modifying· the Equipment, changing its system or computer environment, using the Software on equipment not approved by Sonant, or other causes external to the Equipment. Sonant shall have no obligation to correct defects or difficulties due to an environment out of specification (i.e. temperature, humidity, etc.) or utility power transient. 5. In those situations where Sonant has not dispatched a representative to the Customer site but has furnished replacement hardware or software, the Customer agrees to install and remove, at its expense, those hardware or software replacements provided by Sonant under this Agreement. Subject to availability of Sonant personnel, Sonant may perform additional, Customer requested, on-site Services outside the terms of this Agreement at Sonant's then current Time and Material rates. Travel and other related expenses will be billed at actual cost plus an 10% burden. 6. If after having received notice from Sonant prior to expiration, the Customer should allow this Agreement to expire for more than 15 days, a reinstatement fee will be charged for a renewal of this Agreement. Rein- statement is only available after an inspection, necessary repairs, and ECO's have been applied. Customer is responsible for all expenses associated with parts, labor, travel, etc. as required to qualify for reinstatement. 7. The Customer agrees to install any Sonant furnished Software updates within sixty ( 60) days of receipt. 8. If the Customer does not provide VPN access to the system then Customer agrees to provide a telephone line for a remote diagnostic modem connected to the supported system if requested by Sonant 9. Sonant may refuse renewal due to breach of Agreement by Customer or discontinued production ofEquipment by Sonant. 10. Risk of loss or damage to replacement Equipment will pass to Customer upon delivery to Customer's premises. At the time of receipt of replacement Equipment, Customer agrees to provide reasonable inspection for shipping damage, and to notify carrier and Sonant of any damage found. Title to Software products or modifications thereto remains with Sonant. 11. No training will be provided by Sonant under this Agreement. 12. Unless specified herein, Sonant's prices do not include sales, use, excise or similar taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the 5 i:\corp\sales\new\west\Fresno tax\Exhibit F to Contract-SIUllple MainteniUlce Agreement.doc Equipment or Services supplied hereunder shall be paid by the Customer, or in lieu thereof the Customer shall provide Sonant with appropriate tax- exemption evidence acceptable to the taxing authorities. VI. LIMITATION OF REMEDIES AND LIABILITY: THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF PRODUCTS, LOSS OF DATA, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAllviS OF CUSTOMERS OF THE CUSTOMER FOR SUCH DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAM- AGE. Sonant's liability for property damage claims of any kind, whether based on contract, warranty, tort (including negligence) or otherwise and for any loss or damage arising out ot; connected with, or resulting from this Agreement or from the performance or breach thereof; or from any Services covered by or furnished under this Agreement shall in no case exceed the fee paid hereunder; provided however, that this limitation shall not apply to instances where Sonant or its agents or employees has acted with gross negligence or willful misconduct. Any action against Sonant must be brought within forty-eight (48) months after the cause of action accrues. VII. EXCUSABLE DELAYS: Sonant will notify Customer promptly of any material delay and will specify the revised delivery date as soon as practicable. Sonant shall not be liable for delays in delivery or performance or for failure to manufacture, deliver or perform due to: (a) causes beyond its reasonable control after the exercise of reasonable diligence by Sonant to avoid such delays, or (b) acts of God, acts or failures to act of Customer, acts of civil or military authority, or (c) government priorities, strikes or other labor disturbances, floods, earthquakes, epidemics, war, riot, delays in transportation or car shortages, or (d) inability on account of causes beyond the reasonable control of Sonant to obtain necessary materials, components, services or facilities. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay. · VIII. CONFIDENTIAL INFORMATION: All drawings, specifications or other information furnished by one party to the other party and identified as confidential or proprietary will be held in confidence by the recipient, will be used only for the purpose furnished, and may not be reproduced or further distributed without the written consent of the owner. These restrictions shall not apply to 6 i:\corp\sales\new\west\Fresno tax\Exhibit F to Contract-Sample Maintenance Agreement. doc information (a) already known to the recipient, (b) generally known in the industry prior to receipt, (c) that is or becomes publicly known without any breach of this agreement by recipient, (d) is disclosed to third parties by owner without imposing at least the same obligation of confidence as placed on the recipient by this agreement, (e) that is independently developed by recipient, or (f) that is approved for release by written authorization of the owner. If disclosure is required by governmental authority or is required for the carrying on of the ordinary business of recipient, disclosure may be made provided owner is notified in writing and every reasonable effort is made to protect owner's proprietary interests in the information. If disclosure is required by government authority in the course of legal proceedings against the owner, disclosure may be made provided the owner is notified in writing at least 15 days prior to making the disclosure. IX. INTELLECTUAL PROPERTY RIGHTS INDEMNITY: Sonant shall defend, at its expense, any claim (including any suit) brought against Customer alleging that any Equipment furnished by Sonant hereunder infringes a United States patent, copyright, trade secret or other intellectual property right of a third party, and shall pay all costs and damages fmally awarded, provided that Customer gives Sonant prompt written notice of such Claim, and information, reasonable assistance and sole authority to defend or settle the claim .. In the defense or settlement of the claim, Sonant may obtain for Customer the right to continue using the Equipment, replace or modify the Equipment so it becomes non-infringing, or, if such remedies are not reasonably available, grant Customer a refund for the Equipment as depreciated and accept their return. Sonant shall not be liable for any costs or damages and Customer will indemnify, defend and hold Sonant harmless from any expenses, damages, costs or losses resulting from any suit or proceeding based upon a claim arising from (a) compliance with Customer's designs, specification or instructions; (b) a modification of the Equipment by a party other than Sonant after delivery by Sonant; (c) the use of the Equipment or any part thereof furnished by Sonant in combination with any other product not approved by Sonant; or (d) the direct or contributory infringement of any process patent using Equipment furnished by Sonant. Sale of the Equipment or any part thereof by Sonant does not confer upon the Customer any license under any patent rights. X. SOFTWARE PRODUCTS: Software products are copyrighted by and remain the property of Sonant. Sonant' Software products are protected by a software license agreement which accompanied the Software, or is attached hereto, and is incorporated herein by this reference. Any Software products or modifications thereto furnished hereunder to the U.S. Government shall be furnished with "Restricted Rights" in accordance with DF ARS 252.227-7013. With respect to those products which Sonant licenses and which are supplied hereunder, the word "purchase" or similar or derivative words are understood to mean "license" and "Customer" or similar or derivative words are understood to mean "Licensee." Title to 7 i:\corp\sales\new\west\Fresno tax\Exhibit F to Contract-Sample Maintenance Agreement. doc Sonant Software shall remain with Sonant, notwithstanding anything to the contrary herein. XI. APPliCABLE LAW: Unless otherwise agreed to in writing by the parties, this Agreement shall be governed by, subject to and construed according to the laws of the State of California. XII. DISPUTES: In the event of any dispute concerning a question of law or fact, or both, arising under this Agreement which the parties are unable to resolve by mutual agreement, either party may pursue any right or remedy which it may have at law or in equity in any court of competent jurisdiction. XDI. COMPLETE AGREEMENT: No addition, modification, amendment, rescission, waiver or other change to these terms and conditions will be binding on either party unless assented to in writing by an authorized representative of such party. The following exhibits are attached to this agreement and are made a part of the agreement: Exhibit A -Equipment List XIV. ASSIGNMENT: Neither party's obligations under this Agreement are assignable by one party without prior written approval of the other party. XV. MISCELLANEOUS: All rights and remedies conferred under this Agreement and by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Failure by either party to enforce any contract term shall not be deemed a waiver of future enforcement of that or any other term. The provisions of this Agreement are declared to be severable. 8 i:\corp\sales\ncw\west\Fresno tax\Exhibit F to Contract-Sample Maintenance Agreement. doc IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective authorized representatives effective as of the date set hereinabove. SONANT CORPORATION (Sonant) (Customer) By: __________________ __ By: (Signature) (Signature) Name: Name: ---------------- Title:------------------Title: Date: _________ __ Date: 9 i:\corp\sales\new\west\Fresno tax\Exhibit F to Contract-Sample Maintenance Agreement. doc EXHIBIT A to Maintenance and Support Agreement Equipment List for Fresno County TIPS Q!y. Description (To be completed after delivery of final configuration of hardware and software.) 10 i:\corp\sales\ncw\west\Fresno tax\Exbibit F to Contract-Sample Maintenance Agreement doc EXHIBIT G • RFP COUNTY OF FRESNO REQUEST FOR PROPOSAL NUMBER: 208-3975 TAX COLLECTOR IVRIWEB INFORMATION JUNE 1, 2004 PURCHASING USE ORG/Requisition: 89050073/8904040684 IMPORTANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702·4599 PROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. Proposals will be opened and publicly read at that time. All proposal information will be available for review after contract award. Clarification of specifications are to be directed to: Gary W. Parkinson, phone (559) 456·7110, FAX (559) 456·7831. GENERAL CONDITIONS See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. BIDDER TO COMPLETE JNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATIACHED PROPOSAL SCHEDULE AT. rHE PRICES AND TERMS STATED, SUBJECT TO THE 'COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND ~ONDITIONS FOR REQUEST FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)'ATIACHED. :xcept as noted on individual items, the following will apply to all items in the Proposal Schedule. ;amp any ~ddress Complete delivery will be made within A cash discount of % 'elephone Number Facsimile Number ·axpayerFederall.D. No.: calendar days after receipt of Order. days will apply. Slate E-mail Address ::\DOCUMENTS AND SETIINGS\VFILIPPI\MY DOCUMENTS\CONTRACTS\FINAL SONANT CONTRACT\EXHIBIT G·RFP.DOC Zip Code RFP (1/04) Quotation No. 208-3975 Signed By Print Nama C:\DOCUMENTS AND SEntNGS\VFILIPPI\MY DOCUMENTS\CONTRACTSIFINAL SONANT CONTRACT1EXHIBIT G-RFP .DOC Title 1A RFP (1/04) ;,roposal Number 208-3975 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) ~ate: the reference to 'bids' in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS 3y submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. I. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the arlicle and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) State brand or make of each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literature/specifications to the bid. D) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; charges on invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm's name and by an authorized officer or employee. G) Unless otheiWise noted, prices shall be firm for 120 days after closing date of bid. 2. SUBMITTING BIDS: A) Each bid must be submitted on forms provided in a seated envelope with bid number and closing date and lime on the outside of the envelope/package. B) Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing at least 5 working days before bid opening. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. C) ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has been issued by the County of Fresno's Purchasing Unit. The Purchasing Unit shall be the vendors sole point of contact with regard to the RFQ, its content, and all issues concerning it. All communication regarding this RFQ shall be directed to an authorized representative of the County's Purchasing Unit. The ;:\DOCUMENTS AND SETTINGSIVFILIPPIIMY DOCUMENTS\CONTRACTSIFINAL SONANT ":nNT~Ar.T\J:'lCHlRlT ~-R!=P nnr. specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact {verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendors quotation. The above stated restriction on vendor contact wnh County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. D) Bids received after the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first. If unable to or wilting to, bidder may bid alternative or option, indicating all advantages, disadvantages and their associated cost. 3. FAILURE TO BID: A) If not bidding, return bid sheet and state reason for no bid or your name may be removed from mailing list. 4. TAXES, CHARGES AND EXTRAS: A) County of Fresno is subject to California sales and/or use tax (7.875%). Please indicate as a separate line item if applicable. B) DO NOT include Federal Excise Tax. County Is exempt under Registration No. 94-73-03401-K. C) County is exempt from Federal Transportation Tax. Exemption cerlificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. 5. AWARDS: A) Award{s) will be made to the most responsive responsible bidder. The evaluation will include such things as life-cycle cost, availability, delivery 1A RFP {1104) Proposal Number 208-3975 costs and whose product and/or service is deemed to be in the best interest of the County. The county shall be the sole judge in making such determination. B) Unless bidder gives notice of ali-or-none award in bid, County may accept any item, group of items or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 6, PARTICIPATION: Bidder may agree to extend the terms of the resulting contract Ia other political subdivision, municipalities and tax-supported agencies. Such participating Governmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 7. PREFERENCE/TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presence of witnesses or the entire bid may be rejected and re-bid, 3. PATENT INDEMNITY: The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use ol any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with this bid. l. SAMPLES: Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within 30 days of bid closing date) be returned at the bidders expense. In the absence of such notification, County shall have the right Ia dispose of the samples in whatever manner it deems appropriate. 10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder. ::\DOCUMENTS AND SETTINGSIVFILIPPIIMY DOCUMENTS\CONTRACTS\FINAL SONANT :ONTRACT\EXHJBIT G-RFP .DOC 11. DISCOUNTS: Terms of less than 15 days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (15) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County. Standard terms are Net Forty-five (45) days. 12. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. The 'General Conditions' of this RFP/RFQ shall be superseded if in conflict with any other section of this bid. 13. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product, which contains any substance on 'The Ust of BOO Hazardous Substances·, published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act. California State Labor Code Sections 6360 through 6399.7.) 14. RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. 15. YEAR COMPLIANCE WARRANTY Vendor warrants that any product furnished pursuant to this AgreemenUorder shall support a four-digit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. 'Product' shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or internal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects other than year performance. 18 RFP (1104) Proposal No. 208-3975 Page 2 TABLE OF CONTENTS PAGE OVERVIEW ..................................................................................................................... 3 KEY DATES .................................................................................................................... 4 PROPOSAL IDENTIFICATION SHEET .......................................................................... 5 TRADE SECRET ACKNOWLEDGEMENT ..................................................................... 6 REFERENCE LIST .......................................................................................................... 9 GENERAL REQUIREMENTS ....................................................................................... 10 SPECIFIC TERMS AND CONDITIONS ........................................................................ 18 SCOPE OF WORK ........................................................................................................ 19 PROPOSAL CONTENT REQUIREMENTS .................................................................. 27 ATTACHMENT A .......................................................................................................... 32 Proposal No. 208-3975 Page 3 OVERVIEW The County of Fresno (hereinafter 'COUNTY") on behalf of the Auditor-Controller!Treasurer-Tax Collector (hereinafter "ACTTC"), is seeking a qualified solution provider (hereinafter 'Vendor'') to provide proposals to implement an integrated Tax Collector IVRJWEB Information and Payment System commencing October 15th 2004 for the 2004-2005 tax roll year for the purpose of providing property tax information to taxpayers and collecting and posting property tax payment information for the COUNTY. The solution chosen will include an interactive voice response system (hereinafter "IVR") and electronic bill presentment and payment (hereinafter "EBPP") via the internet and phone, support for public kiosk, and provide a payment gateway and support for emerging technologies such as wireless devices. The COUNTY may, at its discretion, contract with different Vendors for each of the areas of interest to achieve the highest possible value of service. Although this RFP for a Tax Collector IVRJWEB Information and Payment System is specifically for the ACTIC, the potential scope of the project is Countywide. This project should be considered a pilot program for 'payment portal" services and should address Countywide implementation. An option of this project is to use the ACTIC's banking relationships to offer 'payment gateway• services to all COUNTY departments. All proposals should include an IVRJWEB component for handling payments submitted over the phone or through the Internet. Proposals should also address three possible scenarios for the e- Payment process. The first is a quote for an e-Payment system that is the standard offered by the vendor and serves only the Tax Collector. The second is for an e-Payment system that integrates with thee-Government initiative presently in development by the Fresno Regional e- Government Task Force as described below and in the attachments to this RFP. The third is for an E-Payment system operated by a third party vendor who will handle all transactions and submit an upload file, reports and ACH monies to the COUNTY. Integration with E-Government Portal In July, 2002, The Fresno Regional e-Government Task Force was formed, including or representing the fifteen incorporated jurisdictions within the boundaries of Fresno County, The Council of Fresno County Governments (COG), and the County of Fresno. The vision statement for this organization is "To ensure customer satisfaction with Fresno Regional internet based, government services". Please see Attachment A for documents describing the Fresno Regional e-Government initiative. A major goal of this Task Force is to make as many government services available through the Internet as possible, significantly reducing the need for customers to make physical visits to the various jurisdictional offices. Proposal No. 208-3975 Vendor Conference: RFP Closing Date: KEY DATES June 14,2004 at 1:30 P.M. Fresno County Purchasing 4525 E. Hamilton Fresno, CA 93702 July 15, 2004 at 2:00 P.M. Fresno County Purchasing 4525 E. Hamilton Fresno, CA 93702 Page4 Proposal No. 208-3975 Page 5 PROPOSAL IDENTIFICATION SHEET RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL Our proposal is attached and identified as: ------------------ The undersigned agrees to furnish the service stipulated at the prices and terms stated in the cost proposal. Work services will commence within ___ calendar days after signing of the final contract. Company: Address: ----------------------Zip: Signed by:----------------------------- Print Name Print Title Telephone Fax Number E-mail Address Date: Taxpayer Identification No.: Proposal No.208-3975 Page 6 ! TRADE SECRET ACKNOWLEDGEMENT All proposals received by the County shall be considered "Public Record" as defined by Section 6252 of the California Government Code. This definition reads as follows: " ... Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics. "Public records" in the custody of, or maintained by, the Governor's office means any writing prepared on or after January 6, 1975." Each proposal submitted is Public record and is therefore subject to inspection by the public per Section 6253 of the California Government Code. This section states that "every citizen has a right to inspect any public record". The COUNTY will not exclude any proposal or portion of a proposal from treatment as a public record except in the instance that it is submitted as a trade secret as defined by the California Government Code. Information submitted as proprietary, confidential or under any other such terms that might suggest restricted public access will not be excluded from treatment as public record. "Trade secrets ... as defined by Section 6254.7 of the California Government Code are deemed not to be public'record. This section defines trade secrets as: " ... Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data or compilation of information that is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it." Information identified by bidder as "trade secret" will be reviewed by County of Fresno's legal counsel to determine conformance or non-conformance to this definition. Examples of material not considered to be trade secrets are pricing, cover letter, promotional materials, etc. Such material should be submitted in a separate binder not marked "Trade Secret". INFORMATION THAT IS PROPERLY IDENTIFIED AS TRADE SECRET AND CONFORMS TO THE ABOVE DEFINITION WILL NOT BECOME PUBLIC RECORD. COUNTY WILL SAFEGUARD THIS INFORMATION IN AN APPROPRIATE MANNER. Information identified by bidder as trade secret and determined not to be in conformance with the California Government Code definition shall be excluded from the proposal. Such information will be returned to the bidder at bidder's expense upon written request. Trade secrets must be submitted in a separate binder that is plainly marked "Trade Secrets." The COUNTY shall not in any way be liable or responsible for the disclosure of any proposals or portions thereof, if they are not (1) submitted in a separate binder that is plainly marked "Trade Secret" on the outside; and (2) if disclosure is required under the provision of law or by order of Court. Vendors are advised that the COUNTY does not wish to receive trade secrets and that vendors are not to supply trade secrets unless they are absolutely necessary. Proposal No. 208-3975 Page 7 TRADE SECRET ACKNOWLEDGEMENT I have read and understand the above ''Trade Secret Acknowledgement." I understand that the County of Fresno has no responsibility for protecting information submitted as a trade secret if it is not delivered in a separate binder plainly marked "Trade Secret." Enter company name on appropriate line: has submitted information identified as Trade -("'C:-o-m-pa-n-y"""N,--am-e"""') __________ Secrets has not submitted information identified as Trade -,("'C-om-pa-n-y"'""'N-am-e..,.) __________ Secrets ACKNOWLEDGED BY: Signature Telephone Print Name and Title Date Address City State Zip Proposal No. 208-3975 Page 8 PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to the County of Fresno .. ( ( ) Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group. No, we will not extend contract terms to any agency other than the County of Fresno. SIGNATURE TITLE Proposal No. 208-3975 Page 9 REFERENCE LIST Firm: Provide a list of at least four (4) customers for whom you have recently provided similar services (preferably California State or local government agencies). Be sure to include addresses and phone numbers. Reference Name: Contact Date: Service Provided: ----- Reference Name: Contact Date: Service Provided: Reference Name: Contact Date: Service Provided: -- Reference Name: Contact Date: Service Provided: ,.._._ -----------City: -------------Phone No.: -'-----'-------:--- e-mail: _:. _ _._., awo:.v.w a __ ...,....,.._ • "''"~ t.llii:.Y-ra "a a-'~ City: ------------Phone No.: e-mail: City: ------------Phone No.: __,_____, _______ _ e-mail: r ____ "_._._._., City: ____________ Phone No.: _,__,_ _______ _ e-mail: -----... ·· __ __ ............ ,., .... ... Failure to provide a list of at least four (4) customers may be cause for rejection of this RFP. Proposal No. 208-3975 Page 10 GENERAL REQUIREMENTS 1. COMMON REQUIREMENTS 1. 1. Definitions The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the proposal and is identified on the "Provider" line of the Proposal Identification Sheet. 1.2. RFP Clarifications and Revisions Any revisions to the RFP will be issued and distributed as written addenda. 1. 3. Firm Proposal All proposals shall remain firm for at least one hundred eighty (180) days. 1.4. Proposal Preparation Proposals should be submitted in the formats shown under "PROPOSAL CONTENT REQUIREMENTS" section of this RFP. 1. 5. Supportive Material Additional material may be submitted with the proposal as appendices. Any additional descriptive material that is used in support of any information in your proposal must be referenced by the appropriate paragraph(s) and page number(s). 1.6. Submission Form Bidders are asked to submit their proposals in a binder (one that allows for easy removal of pages) with index tabs separating the sections identified in the Table of Contents. Pages must be numbered on the bottom of each page. 1. 7. Supplemental Material Binding • Any proposal attachments, documents, letters and materials submitted by the vendor shall be binding and included as a part of the final contract should your bid be selected. 1.8. Taxes The quoted amount must include all applicable taxes. If taxes are not specifically identified in the proposal it will be assumed that they are included in the total quoted. 1.9. Sales Tax County of Fresno pays California State Sales Tax in the amount of 7.875% regardless of vendor's place of doing business. 1.1 0. Interpretation of RFP Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFP and fully inform themselves as to the quality and character of services required. If any person planning to submit a proposal finds discrepancies in or omissions from the RFP or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writing from Purchasing a minimum of seven (7) COUNTY business days prior to the bid closing date. Any change in the RFP will be made only by written addendum, duly issued by the COUNTY. The COUNTY will not be responsible for any other explanations or interpretations. 1 . 11. Retention Proposa1No.208-3975 Page 11 COUNTY reserves the right to retain all proposals, excluding proprietary documentation submitted per the instructions of this RFP, regardless of which response is selected. 1.12. Oral Presentations Each finalist may be required to make an oral presentation in Fresno County and answer questions from COUNTY personnel. 1.13. Award/Rejection The award will be made to the vendor offering the overall proposal deemed to be to the best advantage of the COUNTY. The COUNTY shall be the sole judge in making such determination. The County reserves the right to reject any and all proposals. The lowest bidders are not arbitrarily the vendors whose proposals will be selected. 1.14. Committee Chair COUNTY Purchasing will chair or co-chair all award, evaluation and contract negotiation committees. 1.15. Award Approval Award may require approval by the County of Fresno Board of Supervisors. 1.16. Negotiation The COUNTY will prepare and negotiate its own contract with the selected vendor, giving due consideration to the stipulation of the vendor's standard contracts and associated legal documents. 1.17. Waivers The COUNTY reserves the right to waive any informalities or irregularities and any technical or clerical errors in any quote as the interest of the COUNTY may require. 1.18. Termination The COUNTY reserves the right to terminate any resulting contract upon written notice. 1.19. Minor Deviations The COUNTY reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. 1.20. Proposal Rejection Failure to respond to all questions or not to supply the requested information could result in rejection of your proposal. 1.21. Assignments The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the COUNTY. 1.22. Bidders Liabilities COUNTY will not be held liable for any cost incurred by vendors in responding to the RFP. 1.23. Confidentiality All services performed by CONTRACTOR shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code, California Welfare and Proposal No. 208-3975 Page 12 Institutions Code, Health and Safety Code, California Code of Regulations, and Code of Federal Regulations. CONTRACTOR shall submit to COUNTY'S monitoring of said compliance. CONTRACTOR may be a Business associate of COUNTY, as that tenm is defined in the 'Privacy Rule" enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, CONTRACTOR may use or disclose protected health information ('PHI") to perform functions, activities or services for or on behalf of COUNTY, as specified by the COUNTY, provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures of PHI may not be more expansive than those applicable to COUNTY, as the 'Covered Entity" under HIPAA'S Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate. CONTRACTOR shall not use or further disclose PHI other than as permitted or required by the COUNTY, or as required by law without written notice to the COUNTY. CONTRACTOR shall ensure that any agent, including any subcontractor, to which CONTRACTOR provides PHI received from, or created or received by the CONTRACTOR on behalf of COUNTY, shall comply with the same restrictions and conditions with respect to such infonmation. 1.24. Dispute Resolution The ensuing contract shall be governed by the laws of the State of California. 1.25. Venue Any claim which cannot be amicably settled without court action will be litigated in the U. S. District Court for the Eastern District of California in Fresno, CA or in a state court for the County of Fresno. 1.26. News Release Vendors shall not issue any news releases or otherwise release information to any third party about this RFP or the vendor's quotation without prior written approval from the County of Fresno. 1.27. Background Review The COUNTY reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal/bid to the COUNTY, the vendor consents to such an inquiry and agrees to make available to the COUNTY such books and records the COUNTY deems necessary to conduct the inquiry. 1.28. Perfonmance Bond The successful bidders may be required to furnish a faithful performance bond. 1.29. Acquisitions The COUNTY reserves the right to obtain the whole system as proposed or only a portion of the system, or to make no acquisition at all. 1.30. Ownership Proposal No. 208-3975 Page 13 The successful vendor will be required to provide to the COUNTY documented proof of ownership by the vendor, or its designated subcontractor, of the proposed programs. 1.31. Exceptions Identify with explanation, any terms, conditions, or stipulations of the .RFP with which you CAN NOT or WILL NOT comply with by proposal group. 1.32. Addenda In the event that it becomes necessary to revise any part of this RFP, addenda will be provided to all agencies and organizations that receive the basic RFP. 1.33. Subcontractors If a subcontractor is proposed, complete identification of the subcontractor and his tasks should be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. 1.34. Conflict of Interest The COUNTY shall not contract with, and shall reject any bid or proposal submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1.34.1. Employees of the COUNTY or public agencies for which the Board of Supervisors is the governing body. 1.34.2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. 1.34.3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (1.34.1), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. 1.34.4. Profit-making firms or businesses in which the former employees described in Subsection (1.34.3) serve as officers, principals, partners or major shareholders. 1.34.5. No COUNTY employee or Task Force member, whose position in the Regional e-Government Task Force enables him to influence the selection of a contractor for this RFP, or any competing RFP, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. 1. 35. Evaluation Criteria Respondents will be evaluated on the basis of their responses to all questions and requirements in this RFP and product cost. The evaluation team, made up of representatives from the Department of the Auditor-Controller/Treasurer-Tax Collector (ACTTC), COUNTY ITSD and COUNTY Purchasing shall rank the bids and recommend their selection to the Auditor-Controller/Treasurer-Tax Collector, who reserves the right to reject any or all bids. False, incomplete or unresponsive statements in connection with this proposal may be sufficient cause for its rejection. 1.36. Appeals Appeals must be submitted in writing within five (5) working days after the review committee notification of proposed recommendations. Appeals should be submitted to the County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702- 4599. Appeals should address only areas regarding RFP contradictions, procurement . errors, quotation rating discrepancies, legality of procurement context, conflict of Proposal No. 208-3975 interest in rating process, and inappropriate or unfair competitive procurement grievance regarding the RFP process. Page 14 The Purchasing Manager will provide a written response to the complaint within five (5) working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of the Purchasing Manager, he/she shall have the right to appeal to the Purchasing agent within five (5) business days after notification of the purchasing Manager's decision. If the protesting bidder is not satisfied with the Purchasing Agent decision, the final appeal is with the Board of Supervisors. 1.37. Oral Presentation Organizations that submit a proposal may be required to make an oral presentation and demonstration to the Selection Committee. These presentations provide an opportunity for the individual, agency, or organization to clarify its proposal to ensure thorough, mutual understanding. 1.38. Independent Contractor In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control, supervise, or direct the manner or method by which Contractor shall perform its work and function: However, COUNTY shall retain the right to administer this Agreement so as to verify that Contractor is perfonming its obligations in accordance with the terms and conditions thereof. Contractor and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to COUNTY employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, Contractor shall be solely responsible and save COUNTY harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the COUNTY or to the Agreement. 1.39. Hold Harmless Clause Contractor shall hold the COUNTY, its officers and employees, harmless and indemnify and defend the COUNTY, its officers and employees, against the payment of any and all costs and expenses, claims suits, and liability resulting from or arising out of or in any way connected with any negligent or wrongful acts or omissions of contractor, its officers and employees, or failing to perform any work, services, or functions provided for or referred to or in any way connected with any work, services or functions to be performed under this agreement. 1.40. Price Responsibility Proposal No. 208-3975 Page 15 The selected vendor will be required to assume full responsibility for all services and activities offered in the proposal, whether or not they are provided directly. Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the COUNTY. 1.41. Addresses and Telephone Numbers The vendor will provide the business address and mailing address, if different, as well as the telephone number of the individual signing the contract. 1.42. Assurances Any contract awarded under this RFP must be carried out in full compliance with Title VI of the Civil Rights Act of 1964. The contractor must guarantee that services provided will be performed in compliance with all applicable state or federal laws and regulations pertinent to this project. The contractor may be required to provide evidence substantiating that staff member(s) have the necessary skill to perform the required services. 1.43. Insurance Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of the Agreement: A. Commercial General Liabilitv Commercial General Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liabilitv Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred Thousand Dollars ($500, 000) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage should include owned and non- owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000) per occurrence, Three Million Dollars ($3,000,000) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually Proposal No. 208-3975 Page 16 and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Within Thirty (30) days from the date CONTRACTOR executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Vicki Crow, Auditor-Controller/Treasurer-Tax Collector, P.O. Box 1247, Fresno, CA 93715, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. 1.44. Audits and Inspections The Contractor shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The Contractor shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure Contractor's compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No/100 dollars ($10,000.00), Contractor shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 10532). 1.45. Cost of Response COUNTY will not be held liable for any cost incurred by bidders in responding to RFP. 1.46. Default In case of default by the selected bidder, the COUNTY may procure materials and services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the COUNTf. 1.4 7. Breach of Contract In the event of breach of contract by either party, the other party shall be relieved of its obligations under this agreement and may pursue any legal remedies. 1.48. Sample Contract Proposal No. 208-3975 Page 17 Submitted as a part of bidder's response to the RFP, shall be a sample of the contract bidder is proposing with the County of Fresno. The tentative award of the contract is based on successful negotiation pending formal recommendation of award. Bidder is to include in response the names and titles of officials authorized to conduct such negotiations. 1.49. Year Compliance Warranty Vendor warrants that any product furnished pursuant to this Agreement/order shall support a four-digit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. "Product" shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or internal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to COUNTY'S ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the COUNTY may otherwise have under this Agreement with respect to defects other than year 2000 performance. Proposal No. 208-3975 Page 19 SCOPE OF WORK 1. SCOPE OF WORK The successful respondent will be expected to provide a Tax Collector IVRJWEB Information and Payment solution that allows us to meet our objectives. This solution should take into account and leverage existing IT investments. Vendors are also encouraged to make recommendations for functionality not specifically requested in this RFP which may be of benefit to the ACTTC in handling taxpayer requests for information and the efficient processing of IVR or electronic payments. Currently, Fresno County Tax Collector has 5 tax rolls with approximately 341,000 accounts and an approximate dollar value of $450 million. Note that at the time of issuance of this RFP, the Fresno Regional e-Govemment Task Force expects to implement e-payment functionality to be provided by the common portal software provided under the response to RFP 208-3840 submitted by Giber, Inc., Plumtree Software, and Farallon Geographies, Inc. As stated in the Overview section, vendors should propose separate IVRIWEB Payment solutions that stand-alone and that integrate with the Regional Task Force initiative respectively. 2. DELIVERABLES Implementation deliverables are expected to inClude the following items: • Delivery, installation, and testing of all software products required by the selected solution; (operating systems, data base system, system utilities, etc.) for the IVRJWEB computing environment • Host system hardware and software required • Completed customization of all software products • Completed Management Plan including the following documents: • Implementation Plan • Quality Assurance Plan • Acceptance Test Plan • Training Plan • Risk Management Plan • Completed system acceptance testing • Completed system training • Completed system documentation • Maintenance plan 3. MINIMUM QUALIFICATIONS: 3.1. Prior Experience For offers to be considered responsive, respondents must meet these minimum prior experience requirements: • Not less than three years experience in the development of public solutions for government agencies, preference may be given if some of that experience has been gained in multi-jurisdictional installations. Proposal No. 208-3975 Page 20 • Not less than three years experience developing interfaces to public systems. • Not less than three years experience in supporting installed systems up to a level Of 24 X 7 X 365. • Vendor is required to be currently providing payment solutions and service to public or private sector entities within the State of California with similar or greater requirements than that of the COUNTY. Failure to meet these minimum prior experience requirements may cause a vendor's proposal to be considered non-responsive and the proposal will be rejected. 4. Customer References Using the Customer Reference Form. please provide a list of at least four similar installed a- Government and/or Tax Collector IVRIWEB Information and Payment systems of the same size and environment as the one proposed for the County of Fresno and/or Fresno Region. • It would be preferable if one of these references have a similar communication network as the Northern Telecom network that exists in the County of Fresno. • It would be preferable if one of these references include an inter-agency cooperative scenario similar to the Fresno Regional e-Government Initiative, preferably including more than one level of local government. It would be preferable to have these sites in California, however we will accept installations in other geographical locations. 5. Related Tax Collector and/or e-Government Information and Payment References Please provide information about all subcontractors and/or business partners that you are proposing to do business with as part of your response to this RFP. • Provide the last three years of financial statements for your company as well as all subcontractors and/or business partners associated with your proposal. • Provide information regarding previous working relationships with the proposed subcontractor and/or business partners. • Indicate how long your company, as well as subcontractors and/or business partners, have been in the Tax Collector and/or e-Government IVRIWEB Information and Payment business. 6. Other Standards Describe your involvement in, or support of related industry and government standards. At a minimum, you should address the following points: • operating system • graphical user interface • database query language • programming languages • communications 7. Desired Goal. The desired goal is to improve the level of service available to the public and increase the availability of data. It will also allow for different methods of data access and payment. The ACTTC would like to implement a modular solution that would take IVR, cashiering, web and Proposal No. 208-3975 Page 21 kiosk payment processes and integrate them inio a single, highly reliable, easy to manage, fault tolerant system that can be expanded to encompass future needs and changes in technology and business practices. 8. Scope of Work -Other departments. Although the scope of work is strictly for the ACTIC, it is also a primary goal of the ACTTC to establish a basic system for the acceptance of electronic payments that all COUNTY departments and other COUNTY jurisdictions may utilize. Other COUNTY departments and jurisdictions should have the ability to choose whether they want to host services on their own servers or sites and pass payment information to the ACTTC Vendor, or COUNTY departments may opt to have the ACTTC Vendor develop and host an application for them. This will be determined and negotiated separately by each department and jurisdiction that has a need for such services. 9. Basic Service. Our approach is to embrace technology and use it to streamline our operation so that we may better serve the public. The ideal solution would be to select a vendor that has developed integrated system relationships requiring little or no customization that could be implemented in a short period of time. 10. The solution should be able to satisfy the following high-level requirements: 1 0.1. Integration: The banking and payment system should be modular so that only those sub-systems that are desired can be selected and installed. In addition, other modules should be able to be added as needed without re-designing or tailoring the system. All interfaces should access data from a centralized data store and utilize a single data base management tool. The solution should also be capable of integration with other potential data resources such as (Electronics Record Management (ERM) systems, document imaging, mainframe, etc. 1 0.2. IVR: Provide tax bill information including tax rates, special assessments, lien dates, etc. and accept payments of various types. If tax bill information shows defaulted taxes on the parcel, track incoming phone number with parcel number-provide report. If taxpayer does not have time to wait on phone for customer service representative, taxpayer should be able to leave a return phone number and system will call them back (information on customer service representative screen) when their turn comes or they can set up an appointment to get a call back. System does all this automatically. 10. 3. Internet: Provide access to bill information (bill presentment) via web browser to individual owners as well as tax service agencies and owners of multiple parcels. The solution should also accept payments of various types via the Internet 1 0.4. Kiosk: Allow the COUNTY to provide the public an added ability to make timely payments through the use of web-based kiosks located in remote areas. 10.5. Secure: Provide a method of securing all transactions. The system should also convey and instill trust with the public in order to gain acceptance. 1 0.6. Scalable: Designed to be highly scalable from a small installation to a large-scale operation gracefully. Proposal No. 208-3975 Page 22 10.7. Reliable: The tax payment system should be fault tolerant and designed to provide maximum uptime with as little management as necessary. 1 0.8. Reports: The banking and payment solution should include various reporting capabilities for each of the sub-systems (IVR, internet, kiosk) including ad-hoc, statistics, general accounts receivable reports, reports by payment type, etc. 10.9. History: Provide up to twelve (12) year online history for tax service agencies and taxpayers alike to track changes in their bills from year to year and to keep their payment history. The IVR-Web system would need to provide a mechanism to save this history as Fresno County's current property system only has two years of history for the Current Secured Tax roll. 10.1 0. Consolidation: If applicable, consolidate all of a tax service agencies and taxpayers bills into a summary page with totals and relevant information regarding their bills and billing status that can be "drilled" into as more detail is needed. 1 0.11. Screen Pop: Provide "screen pop integration" with the existing Northern Telecom Option81 telephone switch as a means of providing help to customers using the IVR, internet payments or kiosks. For the purposes of this document, "screen pop integration" pertains to automatically displaying call information on the operators PC screen when the call is switched from a voice response system to a operator involved system. 1 0 .12. Payment Options: The banking and payment system should provide various methods of making payment including: Credit cards, electronic checks and debit cards all from the various sub-systems. 11. Scope of Services. Although the ACTIC would prefer to evaluate complete proposals, Vendors will be allowed to respond to this RFP with proposals that cover the Vendors area of expertise. Vendors who respond in part will be required to work with competing vendors to integrate their respective products. Vendor must indicate in its response either acceptance or any exceptions to those requirements specified in this request for proposal. Absence of acceptance or exceptions may, atACTIC's discretion, disqualify the proposal as non- responsive. 12. Services Provided by the COUNTY. During implementation and for the term of the agreement, the ACTTC will provide a primary contact person who will arrange for staff assistance by COUNTY IT and ACTIC staff, as required. The proposal should identify all services and equipment to be provided by the COUNTY and ACTIC as required to implement and support the Vendor's proposal. The COUNTY and the ACTTC will furnish no material, labor or facilities unless otherwise provided for in this RFP 13. Work Timetable. Provide a project work plan and schedule including milestone project tasks, deliverables and timeframes for their completion. 14. Can your proposal be considered by the ACTIC on a separate component-by-component basis or must your proposal be considered in its entirety? Proposal No. 208-3975 Page 23 15. If you allow consideration on a component-by-component basis, will you agree to work with competing vendors to integrate those components chosen by the selection committee? Are there vendors that you will not work with? If so, please list them. 16. Describe the transmission process from the point where a transaction is initiated on IVR, Web, Kiosk and Cashier to where the credit/debit card information is processed and an approval message is returned stating that the transaction has been accepted. Are telephone circuits or an Internet connection used to transmit the payment data? 17. Describe the processing cycle, identifying each step within the process and the timeframe in which it occurs. 18. Describe the specific information that must be provided on the initial load from our host systems and on an on-going basis by the host systems and the taxpayer. 19. Describe your method for extracting data from the legacy COBOL Property System on the mainframe. 20. The payment information returned to the host computer must include a parcel number, sub number (if applicable) , roll year, payment date, payment amount, Installment Identifier, Transaction Identifier, and default number, if applicable. How do you propose to update the COUNTY mainframe-based systems? 21. Is a particular browser type or version required on the payee's computer for the Internet payment option? 22. Does your system meet all "accessibility" requirements mandated by the Americans With Disabilities Act in regards to access by disabled persons via IVR, Internet, kiosks, and over the counter transactions? 23. Where is the server that performs the processing located? If located at the Vendors' site, do you have a backup site? If so, where is it located? What other types of redundancy are in place to ensure a minimum of downtime? 24. Give a complete description of what type of cookies or other modifications are left on the payee's computer after a transaction is complete. 25. What types of communication links are used to connect with the Internet? Are backup circuits installed and operational? Are the backup lines with the same service provider as your primary circuits? 26. What access to the internal network will the COUNTY need to provide the Vendor? 27. Where is the credit/debit card information stored and for how long? What methods are employed to ensure it is confidential? 28. How will payment history be accessed, through the COUNTY mainframe or an online database? Will the IVRIWEB system store only payment information from day one of operation, or convert and maintain a history database and update utilizing a batch method, or perform real time queries against the COUNTY mainframe? 29. Will the ACTTC and COUNTY be able to maintain its branding and logos on the Internet sites to provide a seamless look to the user? Proposal No. 208-3975 Page 24 30. Please identify the hardware requirements needed tci implement the property tax payment system. 31. Where is the server to be located that contains the centralized data store, and if not at the ACTTC location, how do you propose to move large volumes of data from ACTTC to your location and how frequently? 32. Movement of Funds. 32.1. Provide a description of the movement of funds as a transaction is posted. 32.2. Please provide a complete list of all financial institutions and clearing houses that are involved in the movement of funds. 32.3. Can the COUNTY select a financial institution to clear payments or is it necessary to use your provider? 32.4. Please provide a list of all the accounts the money will pass through or be deposited in. 32.5. Please provide the time intervals related to the transfer of funds in terms of the maximum number of days before the funds move from one entity to another (i.e. process flow for data, money and user traffic). 32.6. Please provide details of reporting options for each option -IVR, Internet, over the counter credit card and kiosk. 33. Please answer the following questions on bank accounts: 33.1. Is a separate account needed for different types of transactions (i.e. internet versus IVR versus over the counter versus kiosk)? 33.2. Does the credit card company retain the right to debit or credit our account for errors, improper payments or other adjustments? 33.3. How is the payment identified on the bank download? Is it a combined payment for all daily collections or is it identified by location and type? 33.4. If separate agencies' credit card/eCheck payments are being deposited through the system, can funds settle into the various agencies' bank accounts? 34. Please answer the following questions on payments: 34.1. On credit card, is the payment tracked by the individual cash register? 34.2. Is the payment tracked by the type of transaction (i.e. IVR, internet and kiosk)? 34.3. Can your sysem add a date based penalty charge that was not uploaded from the Property Tax System? I 34.4. Is the wire/ACH amount a separate amount for each transaction type? 34.5. What about payments recorded an weekends and hlolidays? What is the effective date? Is the system set up sa that the programs know what to collect depending an the Proposal No. 208-3975 Page 25 time/date? What if a customer starts a transaction on 11:59 p.m. December 10th? Does the transaction show payment on December 1Oth or on December 11th? 34.6. What about federal bank holidays? Will the system process payments? 34. 7. Are the payments segregated by location and type? Internet versus over the counter versus IVR? 34.8. How are refunds due to corrections handled? 34.9. What sort of receipt will taxpayers have for IVR, Internet and kiosk payments? Is the credit card number encrypted? 34.1 0. Please explain how a payment made on the wrong bill would be reversed. 34.11. Is it possible for an individual to pay twice on the same bill producing a double payment; or for a tax service agency and a homeowner to pay on the same bill accidentally? If so, please explain in detail how the ACTTC would credit the doubled payment back to the taxpayer or taxing agency. 34.12. Can refunds be made directly back to the bill payer's originating debit/credit account number? 35. Please provide the following information on reports: 35.1. What reports are provided to the ACTTC, how often and what format? 35.2. Does the company provide a link-up for downloading information I reports? 35.3. Who is responsible for daily summaries? 35.4. Will the COUNTY have the ability to perform ad-hoc reports/queries and generate custom statistics? 36. Security. 36.1. What type of security and/or encryption is in place to allow for a secure transaction? 36.2. Please provide explanation of data security measures, including security to prevent credit card fraud, credit card theft and data corruption. Also provide details of plans to provide web security, including firewalls. 36.3. What type of fraud guarantees and protection are in place for the consumer? 36.4. Who has liability if someone uses a stolen credit card or ABA/account number to make a payment? 36.5. How do you plan to impart to the public that the payment method they have chosen (Internet, IVR or kiosk) is safe and secure? 37. Training and Support. 37. 1. How much training will be required and how will it be handled? 37.2. Which issues will be handled by the Vendor and which by the ACTTC? Proposal No. 208-3975 Page 26 37.3. What support mechanisms are in place? In the event the system is 'down," what are Vendor's solutions and what is the timetable for providing support? 37 .4. Do you offer a guarantee of support and that problems will be resolved within a certain time? Please describe in detail any systems assurance plans or service level agreements that the COUNTY may participate in. 37.5. Should the Vendor fail to resolve an issue within the service level, what recourse does the COUNTY have? 37 .6. Will the taxpayer contact your company for support or the ACTTC? 37. 7. How will the ACTTC contact your company for support? 38. Fees and Estimated Transactions. 38.1. Please estimate your convenience fee surcharge. Is it a flat fee or is there a sliding scale? 38.2. While the Tax Collector needs to charge a convenience fee surcharge, other COUNTY departments or other jurisdictions may not want to change a convenience fee surcharge. Can your system handle both types of transactions? 38.3. How will any additional usage or convenience fee be disclosed to the customer? 39. Privacy requirements. 39 .1. Vendors will provide taxpayers with details on what specific information will be collected from the taxpayer, what will be saved, where it will be saved and how it will be used. Please note the Vendor will be required to disclose to the user in a clear and concise manner why data is collected from him or her, how the data will be used and how long the information will be stored. This statement must address cookies, IP address collection and usage tracking. 39.2. The Vendor will collect only data that is specifically required for accurate processing of payments. 39.3. No personally identifiable data will be stored for longer than the session in which the transaction takes place. 39.4. No personally identifiable data will be shared with any third party, other than as required to complete the transaction for which the taxpayer visits the site. 39.5. Non-identifiable (demographic) data can be collected and stored, but such data must be completely protected and anonymous. Proposal No. 208-3975 Page 27 PROPOSAL CONTENT REQUIREMENTS Bidders are requested to submit their proposals in a binder (one that allows for easy removal of pages) with index tabs separating the sections identified. Each page should be numbered. Merely offering to meet the specifications is insufficient and will not be accepted. Each bidder shall submit a complete proposal with all information requested. Supportive material may be attached as appendices. All pages, including the appendices, must be numbered. The content and sequence of the proposals will be as follows: 1. PROPOSAL IDENTIFICATION SHEET (as provided) 2. COVER LETTER Provide a one-page cover letter and introduction including the company name and address of the bidder and the name, address and telephone number of the person or persons to be used for contact and who will be authorized to make representations for the bidder. Whether the bidder is an individual, partnership or corporation shall also be stated. It will be signed by the individual, partner, or an officer or agent of the corporation authorized to bind the corporation, depending upon the legal nature of the bidder. A corporation submitting a proposal may be required before the contract is finally awarded to furnish a certificate as to its corporate existence, and satisfactory evidence as to the officer or officers authorized to execute the contract on behalf of the corporation. 3. TABLE OF CONTENTS 4. CONFLICT OF INTEREST STATEMENT The Contractor may become involved in situations where conflict of interest could occur due to individual or organizational activities that occur within the COUNTY. In this section the bidder should address the potential, if any, for conflict of interest and indicate plans, if applicable, to address potential conflict of interest. This section will be reviewed by County Counsel for compliance with conflict of interest as part of the review process. The Contractor shall comply will all federal, state and local conflict of interest laws, statutes and regulations. 5. TRADE SECRET ACKNOWLEDGMENT Sign and return. 6. EXCEPTIONS This portion of the proposal will note any exceptions to the requirements and conditions taken by the bidder. If exceptions are not noted, the COUNTY will assume that the bidder's proposals meet those requirements. The exceptions shall be noted as follows: • Exceptions to General Requirements. • Exceptions to Background/Scope of Work. • Exceptions to Specific Terms and Conditions. • Exceptions to Proposal Content Requirements. Proposal No. 208-3975 Page 28 7. VENDOR COMPANY DATA This section should include: • A narrative which demonstrates the vendor's basic familiarity or experience with problems associated with this service/project. • Descriptions of any similar or related contracts under which the bidder has provided services. • Descriptions of the qualifications of the individual(s) providing the services. • Any material (including letters of support or endorsement) indicative of the bidder's capability. • A brief description of the bidder's current operations, and ability to provide the services. • Reference List (form provided) 7 .1. General Information. Please include the following information in the company information section of your proposal: 7.1.1. General information about your company. 7.1.2. Name of owner(s) as well as names of senior management, including directors, vice presidents and board members. 7.1.3. Business structure, including any relationship between any parent company and subsidiaries if applicable. 7.1.4. Affiliations with professional organizations. 7.1.5. A description of your firm's experience in providing credit card processing services via Internet, IVR, kiosk and counter transactions. Please emphasize experience you have had in providing those services to other federal, state or local entities. Be specific about the types of services you have provided. 7.1.6. List of other government agencies or private firms for whom you provide similar services. 7.1.7. Financial Information. Please include the following information. 7 .1. 7.1. Please describe any transaction insurance or bonding that you provide. In lieu of transaction insurance or bonding, Error and Omission liability insurance must be provided. Please describe an upper limit on possible transaction losses. 7.1.7.2. Please describe any pending or threatened litigation, claim or assessment against Proposer's company, the company's subsidiaries, the company's principals or the company's officers. Please describe the nature of the action and an estimate of potential losses. Please describe an upper limit on possible losses. 7.1. 7.3. Please describe any litigation, claim or assessment settled in the past three years against Proposer's company, the company's subsidiaries, the company's principals or the company's officers. Proposal No. 208-3975 Page 29 7.1.7.4. Please describe the annual growth of your company over the past 3 years. 7.1.7.5. 7.2. If a private company, please describe or provide: 7.2.1. Who are the owners and their ownership percentage? 7.2.2. Financial statements for the past three years (Balance Sheet, Income and Statement of Cash Flows). 7.2.3. Audited statements if available. 7.3. If a public company, please describe or provide: 7.3.1. Who are the principal owners and their ownership percentage? 7.3.2. What is the your 52 week high and low? 7.3.3. Year to date% change? 7.3.4. What is your price-to-earnings ratio and how does it compare to the S&P 500? What is the stock selling at in comparison to earnings? 7.3.5. What is the price of your stock and how does it compare to the rest of the market? 7.3.6. Audited financial statements for the past three years. 7.4. All companies should provide the following ratios: 7.4.1. Debt to equity. 7.4.2. Current ratio. 7.4.3. Return on net worth. 7.4.4. Return on assets. 7.4.5. Estimated gross revenue. 7.4.6. Percentage of gross revenue invested in research and development. 7.5. Key Personnel and Subcontractors. 7.5.1. Specify the key individuals who would work with the ACTTC in performing the contract and provide the following information about them: 7.5.2. An organizational chart that shows the key individuals' placement within the firm. 7.5.3. Describe each role the key individual will play in providing services to the County under the contract. 7.5.4. Evidence of key individuals' knowledge, experience and proficiency in the area of intended utilization. Proposal No. 208-3975 Page 30 7.5.5. List all subcontractors that your firm intends to utilize in performing this contract, if any. Also describe the portions of work they will be performing and their experience and qualifications in performing the same or similar work. 8. SCOPE OF WORK Bidders are to use this section to describe the essence of their proposal. This section should be formatted as follows: A general discussion of your understanding of the project, the Scope of Work proposed and a summary of the features of your proposal. A detailed description of your proposal as it relates to each item listed under the "Scope of Work" section of this RFP. Bidder's response should be stated in the same order as are the "Scope of Work" items. Each description should begin with a restatement of the "Scope of Work" item that it is addressing. Bidders must explain their approach and method of satisfying each of the listed items. When reports or other documentation are to be a part of the proposal a sample of each must be submitted. Reports should be referenced in this section and submitted in a separate section entitled "REPORTS." Include a complete description of any alternative solutions or approaches to accomplishing the desired results. 9. COST PROPOSAL Costs should include warranty coverage, who supports each component of the solution, costs for five years from date of contract execution, and estimated ongoing costs past five years. Proposal No. 208-3975 Page 31 AWARD CRITERIA COST As submitted under the "COST PROPOSAL" section. CAPABILITY AND QUALIFICATIONS • Do the service descriptions address all the areas identified in the RFP? Will the proposed services satisfy Tax Collector and/or the Region's needs and to what degree? • Does the bidder demonstrate knowledge or awareness of the problems associated with providing the services proposed and knowledge of laws, regulations, statutes and effective operating principles required to provide this service? • The amount of demonstrated experience in providing the services desired in a California jurisdiction. • Is the vendor capable of meeting the proposed deadline? . MANAGEMENT PLAN Is the organizational plan and management structure adequate and appropriate for overseeing the proposed services? Proposal No. 208-3975 ATTACHMENT A FRESNO REGIONAL !·GOVERNMENT VISION Fresno Re>ion Prepared by Fresno Regional e-Government Coordination Team .JULY 2002 Page 32 Proposal No. 208-3975 Page 33 PREFACE Due primarily to the astonishing growth of the Internet and e-commerce, technology is now widely acknowledged as a critical force in shaping the future. The need for skillful and committed leadership has become obvious]. The Fresno Region realizes that a changing world requires changing responses, and is taking a proactive stance in addressing the need to move deliberately and intelligently into the information age. To that end, in July 2002 the Fresno Regional e-Government Task Force (see Attachment A) was created to develop a plan for utilizing electronic information technology to improve the delivery of governmental services and to expand the opportunity for economic development. Successful e-Government initiatives depend on five factors: 1. Strong, visible and sustained leadership 2. Solid budgeting support 3. Accountability of management and staff in driving the business process and infrastructure changes 4. Well-defmed organizational priorities so that the solution can grow to meet the changing needs and desires of the customers 5. Execute in small, incremental steps that can be implemented, tested and fixed as necessary The purpose of this document is to provide the guidelines for a Strategic Plan to implement e- Government in the Fresno region utilizing these five factors. I Eight Imperatives for Leaders in a Networked World, John F. Kennedy 'School of Government, The Harvard Policy Group, Cambridge Massachusetts Proposal No. 208-3975 Page 34 E·GOVERNMENT The Internet is rapidly being incorporated into the way people manage thei\ lives. From searching for _ via e-mail to purchasing goods and services, the web provides a fast, easy to use resource. From the Federal level through to the smallest cities and municipalities, government entities are investing in web-enabled serviCes as the initial steps in implementing e-Govemrnent. Definition: Electronic government combines technology, inter and intra-agency cooperation and creativity to enable citizens and businesses to interact more efficiently with government using the Internet and other electronic communications. e-Government primarily consists of: (I) online services that remove the traditional barriers that prevent citizens and businesses from requesting government services and replace those barriers with convenient access; (2) goverinnent operations for internal customers that simplify the operational demands of government for both agencies and employees. Beneficiaries: THE CUSTOMER BASE FOR E·GOVERNMENT TOUCHES ALL ASPECTS OF OUR SOCIETY, INCLUDING: • Citizens • Government Employees • Visitors • Political Subdivisions (State Agencies, • Businesses Counties, Cities, Districts) • Schools & Universities • Organizations (Non Profits, Associations • Legislature etc) • Courts • Research Partners Customers will benefit from simplified access via a common portal that provides government information and services 24-hours a day, every day of the year. The Fresno Region should realize cost savings by reducing the labor required to process manual transactions. Customer satisfaction will increase through simplified interfaces with the local governments. Streamlining business processes will result in savings in time and funding needs by eliminating duplication among agencies. Proposal No. 208-3975 Page 35 Guidelines and Principles: The Fresno Regional Sponsors have adopted the following principle to guide the development of a Strategic Plan for e-Government in the Fresno Region. · The most important and encompassing principle is a statement that will address all participants in the e-Government initiative, which includes everyone from the customer to the service provider. This statement will be used to evaluate all phases of our development, acquisition, implementation, maintenance and operation of the multi-agency e-Government systems. Our vision statement is: "To ensure customer satisfaction with Fresno Regional internet based, government services" Mail Functional View of e-Government Common Customer Web Entry Distribution of Funds to Agency Providers &-Payments Collection Management e-Forms GIS Common Portal Services Regional 1-Net Agency Applications Agency Applications Proposal No. 208-3975 Page 36 STRATEGIC PLAN ORGANIZATION The Strategic Plan for the Fresno Regional e-Government initiative will guide the development of e-government. The strategic plan addresses the following: Enterprise Approach Electronic government provides a unique opportunity to unite local government entities in the common goal of delivering government services with a citizen-centric view within the Fresno region. The government entities within the Fresno region are developing close working relationships with each other, which provides us with an excellent opportunity to integrate service delivery from COUNTY, city and other entities. An enterprise-wide view allows government to leverage the taxpayers' investments to provide services that are built around the users' needs, allowing them to complete all related tasks in one place. e-Government requires the sharing of information, joint development and use of technology, participation in enterprise contracts, and other means to leverage technical resources. This includes determining the benefits of internal development versus outsourcing to achieve a secure, service-rich infrastructure as quickly as possible. At the Fresno regional level, all new IT systems should be developed using open standards that can be easily incorporated into the e-Government web-enabled architecture. The adoption of open standards will reduce maintenance costs and provide the flexibility to meet growing demands for services in the e-Government environment. Policy One of the visions of e-Government is to provide a single governmental "face" to customers. A comprehensive view of government and its missions should take priority over that of any individual agency or entity. This view should be defined, communicated and implemented through policies, standards and guidelines that unify electronic service delivery. An e-Government policy framework should be developed to address the social, accessibility, privacy), technical, business and legal issues of e-Government. Social issues include the "digital divide, accessibility and privacy." Planning e-Government will fundamentally change the way people interact with government in the Fresno region. Strategic planning, with input from citizens, businesses and all levels of government, should form the basis of development and implementation of the e-Government strategy. Tactical planning and program implementation must be supported by objective performance measures to ensure that participants' needs are met. Legislation Legal groundwork fore-Government is still being laid. The Federal Government is taking an active role in establishing standards, including the Paperwork Elimination Act, the Electronic Proposal No. 208-3975 Page 37 Signatures in Global and National Commerce (e-sign) Act, the Uniform Electronic Transactions Act (UETA) and other initiatives. At the Fresno regional level omissions, contradictions, and lack of clarity in current statutes tend to limit the flexibility of digital governance. These legislative barriers to e-Government must be eliminated and emerging national and federal standards adopted where appropriate. Funding While e-Government should eventually realize cost savings through increased efficiency, a significant initial investment is required to develop the technical infrastructure, applications, and operational support required implementing electronic service delivery. Legislative and administrative barriers to innovative, non-traditional funding sources at the local level should be removed, and criteria to assess and implement funding alternatives should be established. This would include, but would not be limited to, technology funds, grants, subscription and convenience fees, and joint funding between multiple agencies or political subdivisions. Organization To deliver an enterprise approach to e-Government, a multi-agency "Fresno Regional e- Government Task Force" (see attachment A) was formed. There are three levels of participation in the Task Force: the Sponsors, the Coordination Team and Focus Groups. The Fresno Regional e-Govemment Sponsors provide overall direction, leadership and coordination of e-Government efforts within the Fresno region, with particular emphasis on coordination between COUNTY and local government initiatives. The Sponsors may recommend changes to policies and procedures to encourage electronic delivery of services and provide allocation of necessary resources. The Fresno Regional e-Govemment Coordination Team is. responsible for the Strategic Planning and oversight for the development, acquisition, implementation, maintenance and operation of the multi-agency e-Govemment systems. The Focus Groups are tasked to work on specific aspects of the e-Goveinment implementation. Current focus groups include: !-Net Interagency Connection, GIS Layer Maintenance, GIS Standards, Application Product Research, e-Gov Architecture, Legal Compliance, Common Regional Portal, Security, and Customer Wants and Needs. Privacy, Security and Accessibility Electronic government will not succeed in the Fresno region without the trust of the customers it serves. Intrinsic to building that trust is the Wlderstanding that private information and confidential communications will remain private and secure. Proposal No. 208-3975 Page 38 The Fresno region must establish a thorough and binding privacy policy regulating collection and storage of personal data, including the sharing of data among governmeJ;Ital entities and public dissemination. This policy must be communicated to every customer in plain language that is easily accessible from each online site. To guarantee a citizen's right to privacy, the policy must include a provision that any person using these regional services be able to request that their personal information not be given or sold to a third party. Emerging standards and technologies that address Internet privacy issues should be evaluated and integrated into the e- Govemment platform as appropriate. In addition to privacy issues, trust is built upon security and reliability ofthe online services and infrastructure. The Fresno Region e-Govemment Task Force should evaluate their options and develop plans to address physical, network, and data security. These plans must include backup, disaster recovery, encryption, frrewalls, and monitoring tools, among other considerations. Implementation of security measures may require additional investment in technology and training of staff. e-Govemment should be accessible to as many citizens as possible. Accessibility should address the unique perspectives of reluctant and inexperienced users, individuals with special needs, and those affected by differences in geography, economics, education, culture and physical abilities. Architecture and Infrastructure One of the barriers to efficient implementation and operation of online services is that applications are typically funded and developed as standalone entities. Since two of the main expectations of e-Government are to provide a seamless interface to government services and concurrently to increase efficiency and reduce the cost of service delivery, there is a need to provide a common, flexible technical architecture and infrastructure to support new services. This infrastructure must be based on open standards that ensure a high degree of interoperability among different hardware and software platforms from multiple vendors. The Fresno Regional e-Government Task Force should establish a simple, common and secure electronic infrastructure and must coordinate the development of policies and procedures related to e-Government initiatives. This includes identifying common service modules that all entities can use to implement digital signatures, electronic payments and similar infrastructure tasks. Streamlined Business Processes Moving to online service delivery provides agencies the opportunity for strategic innovation and streamlining of business processes, that goes far beyond the tactical automation of any individual service. Integrated systems will reduce costs by allowing the streamlining of business processes thus enabling the deployment of service professionals to higher-value activities. Internet technology can be used to minimize costly over-the-counter channels of service delivery. To achieve the cost reductions available with e-Govemment and to provide a self-service, 24 hours by 7 days environment for all customers, it is critical that every member of the Fresno Regional e-Govemment Task Force not only support the concept of integrated systems but be Proposal No. 208-3975 Page39 willing to break down the silos of information that exist today by adopting enterprise-wide standards. This will require a collaboration process that balances the enterpris\! against the virtues of individual agency autonomy. Proposal No. 208-3975 Page40 Attachment A Fresno Regional e-Government Task Force Organizational Structure Fresno Regional e-Gov Sponsors Fresno Regional e-Gov Coordination Team Focus Groups To be GIS Layer GIS Customer e-Gov Security Wants and Determined Maintenance Standards Needs Architecture Admin. I I I To be Common e-Gov Application 1-Net Determined Web Customer Product Interagency Entry Research Connection Proposal No. 208-3975 Page 41 Attachment A Fresno Regional e-Government Task Force Rules of Participation Fresno Regional e-Govemment Sponsors Role: The Sponsors are composed of the Chief Executive Officer, Chief Administrative Officer, City Manager or designee of each Sponsor shall govern the Task Force. The members of the Sponsors shall elect the Chair of the Sponsors. The Sponsors shall meet as often as it deems necessary but no less often than bi-monthly. Subscribers and Participants may attend all meetings and provide input in a non-voting status. The powers of the Sponsors shall be to: (I) adopt operational rules, regulations, policies and procedures; (2) approve the Strategic Plan and associated Work Programs; (3) approve services to be provided; (4) arbitrate who provides Hosting Services when required; (5) identify a fiscal agent for the purposes of carrying out and recording Task Force financial transactions; (6) accept or reject requests made by entities using Attachment A for participation or changes in participation; (7) conduct any and all other business allowed by the MOU and/or applicable law. Any of these powers may be delegated by the Sponsors to the Coordination Team defined in Attachment B. In conducting Task Force business, each Sponsor entity will have an equal vote. The Sponsors will provide general direction to the Regional E-Government Coordination team. The sponsors will establish priorities and seek funding for these priorities. Participation: Maximum of three members is allowed from each of the sponsoring agencies. The chairperson of the Regional e-Government Coordination Team is automatically a member of the Sponsors team. Meeting Schedule: Quarterly or as needed. Fresno Regional a-Government Coordination Team Role: The Coordination team is responsible for and will perform the Strategic Planning for the System development, acquisition, implementation, maintenance and operation of the multi- agency e-Government systems. Participation: A maximum of three members from each participating Agency is recommended. The chairperson of this team is automatically a member of the Sponsors team thus ensuring coordination and communication between the Sponsors and the Regional Coordination Team. All decisions are by consensus of the team members. The chairpersons of the focus groups will attend the meetings and report the status of their group. · Meeting Schedule: Monthly or as needed. Proposal No. 208-3975 Page 42 Attachment A Fresno e-Government Focus Groups Role: The Regional e-Governrnent Coordination team forms focus groups to work on very specific issues. The length of time for the engagement will depend on the length of the project assigned. The structure on the following page illustrates teams that may be formed to accomplish the Strategic Plan adopted by the Regional e-Governrnent Coordination Team. Participation: Participants are selected by the Regional e-Government Coordination team and can have as many members as required to accomplish the defined task. The chairperson of each focus group does not have to be a member of the Regional Coordination Team. Meeting Schedule: Set by the chairperson of each focus group. Sonant Corporation Response EXHIBIT-H THE PROPOSAL Proposal Identification Sheet l Fresno Tax :RFP No. 208-3975 RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL Our proposal is attached and identified as: Proposal for a Tax Collector IVR!Web Information System for the County of Fresno, Response to RFP #208-3975, Closing Date: 7/2212004 Sonant Corporation The undersigned agrees to furnish the service stipulated at the prices and terms stated in the cost proposal. Work services will commence within Five (5) calendar days after signing of the final contract. Company: Sonant Corporation Address: 4105 Sorrento Valley Blvd., San Diego, CA -------------------------------------------------Zip: 92121 Signedby: -------------------------------------------------------- Charles W. Smith Print Name CEO Print Title (858) 623-8180, x218 (858) 623-8190 csmith@sonant.com Telephone Fax Number E-mail Address Date: _7:..:.1=.21.:;1:::20::..::0:....:4 ________________________ _ Taxpayer Identification No.: 33-0555739 . ' Section 1: Proposal Identification Sonant Corporation Response Fresno Tax RFI;' No. 208-3575 ' RFP No. 208-3975 Bidder Acknowledment I COUNTY OF FRESN 1 0 REQUEST FOR PROPOSAL NUMBER: 208-3975 TAX COLLECTOR IVRIWEB INFORMATION April25,2005 PURCHASING USE C:IDOCUMENTS AND SETTINGS\VFILIPPI\MY DOCUMENTS\CONTRACTSIFINAL SONANT CONTRACl\EXHIBIT ORG/Requisitlon: 89050073/8904040684 ikl H.SONANT PROPOSAL.DOC IMPORTANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 PROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. Proposals will be opened and publicly read at that time. All proposal information will be available for review after contract award. Clarification of specifications are to be directed to: Gary W. Parkinson, phone (559) 456·7110, FAX (559) 456-7831. GENERAL CONDITIONS See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED PROPOSAL SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)'ATTACHED. Except as noted on individual items, the following will apply to all items in the Proposal Schedule. Complete delivery will be made within 56 calendar days after receipt of Order. A cash discount of 1.5 % 10 days will apply. Sonant Corporation Company 4105 Sorrento Valley Blvd. Address San Diego CA 92126 City State Zip Code (858) 638-8180, ext. 218 (858) 623-8190 csmith@sonant.com Telephone Number Facs1m1le Number E-ma1l Address Taxpayer Federaii.D. No.: 33-0555739 Signed By Charles W. Smith CEO/President Print Name Tille Section 1: Proposal Identification 2 Sonant Corporation Response Fresno Tax Rf'P No. 208.3&7:5 Section 1: Proposal Identification 3 Sonant Corporation Response Fresno Tax REP No. 208-3975 Addendum 1 Acknowledgment COUNTY OF I I ! I I FRESNO 1 ADDENDUM NUMBER: ON,E (1) RFP NUMBER: 208-3975 TAX COLLECTOR IVRIWEB INFORMATION April25,2005 PURCHASING USE C:IDOCUMENTS AND SETTINGS\VFILIPPIIMY DOCUMENTS\CONTRACTS\FINAL SONANT CONTRACT\EXHIBIT ORG/Requ~ition: llq H-SONANT PROPOSALDOC IMPORTANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 !ir.'"'" """ 'l>H "!'!·~--o1ilii!~;·~;l,l'·C. ''llll/.2;"''-'·'*"~;l;~"lii!!-' . ''"'"'·' ,, '''Zii'if.i!l ~!!'!!! NiiD!1!;1!§!1'9!!ffl!!,! .. '!I.!I • .:L_,. .JP.!li!!iM.iit!! ·~U.il''!lli![!f!l. .. _,,., PROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M. Proposals will be opened and publicly read at that time. All proposal information will be available for review after contract award. Clarification of specifications are to be directed to: Gary W. Parkinson, phone (559) 456-7110, FAX (559) 456-7831. NOTE THE ATTACHED ADDTIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR PROPOSAL NUMBER: 208-3975 AND INCLUDE 11-IEM IN YOUR RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR PROPOSAL 1. The following tax documents are attached. A. Secured Property Tax Bill B. Unsecured Property Tax Bill C. Supplemental Property Tax Bill D. Abstract of Delinquent Secured Taxes or Certificate of Redemption The above documents are included to provide the bidder a better understanding of County's needs as identified under this RFP. ACKNOWLEGEMENT OF ADDENDUM NUMBER ONE!1l TO REP 208-3975 COMPANY NAME: Sonant Corporation !PRINT] SIGNATURE: NAME & TITLE: Charles W. Smith, President/CEO (PRJ NT] Section 1: Proposal Identification 4 Sonant Corporation Response Fresno Tax R~P No. 208-3975 ' Section 1: Proposal Identification 5 ! Sonant Corporation Response Fresno Tax RFP No. 208-3975 Addendum 2 Acknowledgment COUNTY OF FRESNO ADDENDUM NUMBER: TWO (2) RFP NUMBER: 208-3975 TAX COLLECTOR IVRIWEB INFORMATION April25,2005 PURCHASING USE C:\DOCUMENTS AND SffiiNGSIVFILIPPIIMY OOCUMENTS\CONTRACTS\FINAL SONANT CONTRACT\EXHIBIT ORG/Requisn\on: jORGj/jrequisiHonj rTYPISn H-SONANT PROPOSAL.DOC IMPORTANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 PROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M. Proposals will be opened and publicly read at that time. All proposal infonnation will be available for review after contract award. Clarification of specifications are to be directed to: Gary W. Parkinson, phone (559) 456-7110, FAX (559) 456-7831. NOTE THE ATTACHED ADDTIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR PROPOSAL NUMBER: 208-3975 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR PROPOSAL :> CHANGE IN BID DUE DATE "CLOSING DATE OF PROPOSAL WILL BE AT 2:00P.M. ON JULY 22,2004" ACKNOWLEGEMENT OF ADDENDUM NUMBER TWO 121 TO REP 208-3975 COMPANY NAME: Sonant Corporation (PRINl) SIGNATURE: NAME & TITLE: Charles W. Smith, President/CEO (PRJNl) Section 1: Proposal Identification 6 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Addendum 3 Acknowledgment COUNTY OF FRESNO ADDENDUM NUMBER: THREE (3) RFP NUMBER: 208-3975 TAX COLLECTOR IVRJWEB INFORMATION April 25, 2005 MARKED CLEARLY ON THE OUTSIDE TO: PURCHASING USE OOCUMENTS\CONTRACTSIFINAL COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 l!::l1i•]t~f~tr~~@ilW!itf.~~tf.ilt«W.P~rtct"u-@t~O«,.I PROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M. Proposals will be opened and publicly read at that time. All proposal infonnation will be available for review after contract award. Clarification of specifications are to be directed to: Gary W. Parkinson, phone (559) 456-7110, FAX (559) 456-7831. NOTE THE FOLLOWING AND ATIACHED ADDTIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR PROPOSAL NUMBER: 208-3975 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR PROPOSAL ~ ADDITIONAL QUESTIONS AND ANSWERS ~ BIDDERS CONFERENCE SIGN UP SHEET ACKNOWLEGEMENI OF ADDENDUM NUMBER THREE13\ TO REP 208-3975 COMPANY NAME: Sonant Corporation JPRINT) SIGNATURE: NAME & TITLE: Charles W. Smith, President/CEO (PRINT) Section 1: Proposal Identification 7 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Participation I I The County of Fresno is a member of the Central Valley Purchasing Gro~p. This group consists of Fresno, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to the County of Fresno. X l Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group. No, we will not extend contract terms to any agency other than the County of Fresno. SiGNATURE Charles W. Smith President/CEO TITLE Section 1: Proposal Identification 8 Sonant Corporation Response Cover Letter loNA.Nf July 21, 2004 Gary W. Parkinson Couoty of Fresoo Purchasing 4525 East Hamilton Avenue Fresno, CA 93702-4599 Dear Mr. Parkinson: Fresno Tax RFP No. 208·3975 I I ' Sonant Corporation is pleased to respond to County of Fresno Request for Proposal Number 208- 3975 for Tax Collector IVR/WEB Information and Payment System. Two options are proposed for the system configuration. The first configuration includes both the IVR/WEB capability and an integrated electronic payment function. The second configuration includes only the IVR/WEB capability as requested by the County. Each configuration is priced for an outright purchase contract and for a rental/service monthly fee contract Contained within this proposal is a detailed description of how Sonant's ClientCall Tax Talk ™ solution will meet and exceed the County's requirements. Based on the experience of Sonant's customers, the proposed TaxTalk system can be expected to improve customer service and minimize operational costs to both the County and its taxpayers. ClientCall Tax Talk ™ is a proven solution, successfully installed and operating for organizations such as San Diego Treasurer-Tax Collector, San Mateo County Tax, Ventura County Treasurer & Tax Collector, Clark County, WA Treasurer & Tax Collector, and Clark County, NV Treasurer & Tax Collector. With over 100 applicatioos similar to TaxTalk having been successfully installed nationwide, Sonant has the experience to provide Fresno County with a reliable, functional, and cost- effective solution. We look forward to the opportunity of supplying Fresno County with superior products and services. Should you have any questions, please contact Charlie Smith, at (800) 929-2920, ext. 218. Sincerely, Charles W. Smith President/CEO Section 2: Cover Letter 9 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Table of Contents I Proposal Identification Sheet ................................................................................ : ................................. 1 ' RFP No. 208-3975 Bidder Acknowledment ...................................................... : ................................. 2 ' Addendum 1 Acknowledgment ........................................................................................................... 4 Addendum 2 Acknowledgment ........................................................................................................... 6 Addendum 3 Acknowledgment ........................................................................................................... 7 Participation ........................................................................................................................................ 8 Cover Letter ............................................................................................................................................ 9 Table of Contents ................................................................................................................................. 10 Conflict of Interest Statement ............................................................................................................... 11 Trade Secret Acknowledgment. ............................................................................................................ 12 Exceptions ............................................................................................................................................ 14 Exceptions to General Requirements ............................................................................................... 14 Exceptions to Background/Scope ofWork ........................................................................................ 14 Exceptions to Specific Terms and Conditions ................................................................................... 14 Exceptions to Proposal Content Requirements ................................................................................ 14 Vendor Company Data ......................................................................................................................... 15 References ........................................................................................................................................ 17 Scope of Work ...................................................................................................................................... 27 Cost of Proposal ................................................................................................................................... 57 Appendix 1: Sample Contract .............................................................................................................. 53 Appendix 2: Sample Reports ............................................................................................................... 91 Appendix 3: Product Literature .......................................................................................................... 1 00 Section 3: Table of Contents 10 Sonant Corporation Response Conflict of Interest Statement I I Fresno Tax RFP No. 208-3975 I I I I I ' Sonant foresees no conflicts of interest occurring should the company be awarded the Bid for the County of Fresno's Request for Proposai"Tax Collector JVR!Web Information system. I Section 4: Conflict of Interest Statement 11 Sonant Corporation Response Fresno Tax RFP No. 208,3~75 ' . Trade Secret Acknowledgment TRADE SECRET ACKNOWLEDGEMENT All proposals received by the County shall be considered "Public Record" as defined by Section 6252 of the California Government Code. This definition reads as follows: " ... Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics. "Public records" in the custody of, or maintained by, the Governor's office means any writing prepared. on or after January 6, 1975." Each proposal submitted is Public record and is therefore subject to inspection by the public per Section 6253 of the California Government Code. This section states that "every citizen has a right to inspect any public record". The COUNTY will not exclude any proposal or portion of a proposal from treatment as a public record except in the instance that it is submitted as a trade secret as defined by the California Government Code. Information submitted as proprietary, confidential or under any other such terms that might suggest restricted public access will not be excluded from treatment as public record. "Trade secrets" as defined by Section 6254.7 of the California Government Code are deemed not to be public record. This section defines trade secrets as: " ... Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data or compilation of information that is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it." Information identified by bidder as "trade secret" will be reviewed by County of Fresno's legal counsel to determine conformance or non-conformance to this definition. Examples of material not considered to be trade secrets are pricing, cover letter, promotional materials, etc. Such material should be submitted in a separate binder not marked "Trade Secret". INFORMATION THAT IS PROPERLY IDENTIFIED AS TRADE SECRET AND CONFORMS TO THE ABOVE DEFINITION WILL NOT BECOME PUBLIC RECORD. COUNTY WILL SAFEGUARD THIS INFORMATION IN AN APPROPRIATE MANNER. Information identified by bidder as trade secret and determined not to be in conformance with the California Government Code definition shall be excluded from the proposal. Such information will be returned to the bidder at bidder's expense upon written request. Trade secrets must be submitted in a separate binder that is plainly marked "Trade Secrets." The COUNTY shall not in any way be liable or responsible for the disclosure of any proposals or portions thereof, if they are not (1) submitted in a separate binder that is plainly marked "Trade Secret" on the outside; and (2) if disclosure is required under the provision of law or by order of Court. Vendors are advised that the COUNTY does not wish to receive trade secrets and that vendors are not to supply trade secrets unless they are absolutely necessary. Section 5: Trade Secret Acknowledgment 12 Sonant Corporation Response Fresno Tax RFP No. 20S.3.111!!l i ! TRADE SECRET ACKNOWLEDGEME:NT I have read and understand the above ''Trade Secret Acknowledgement." ; I understand that the County of Fresno has no responsibility for protecting information submitted as a trade secret if it is not delivered in a separate binder plainly marked "lirade Secret." ' Enter company name on appropriate line: has submitted information identified as Trade ~(""c-=-om=pa=n""y "N=am=e),--------------Secrets Sonant Corporation has not submitted infomnation identified as Trade -(;:;;C::.:om..:=pa.:.:.n"""y':::NC.:.am=;e)=::=.:. _________ Secrets ACKNOWLEDGED BY: ( 858) 623-8180, Ext. 218 Signature Telephone Charles W. Smith, PresidenUCEO 7/21/2004 Print Name and Title Date 41 05 Sorrento Valley Blvd. Address San Diego CA 92121 City State Zip Section 5: Trade Secret Acknowledgment 13 I Sonant Corporation Response Fresno Tax RFP No. 208-3975 Exceptions Exceptions to General Requirements No exceptions to General Requirements. Exceptions to Background/Scope of Work No exceptions to Background/Scope of Work. Exceptions to Specific Terms and Conditions No exceptions to Specific Terms and Conditions. Exceptions to Proposal Content Requirements No exceptions to Proposal Content Requirements. Section 6: Exceptions 14 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Vendor Company Data ' I I This section should include: I A narrative which demonstrates the vendor's basic familiarity or experience with problems associated with this service/project. I I See Section 7.1.5 Descriptions of any similar or related contracts under which the bidder has provided services. See Section 7.1.5 Descriptions of the qualifications of the individual(s) providing the services. See Section 7.5 I Any material (including letters of support or endorsement) indicative of the bidder's capability. Sonant Corporation has successfully supplied federal, state, county and municipal governments-of small, medium, and large size-with telephone and web automation projects for the past 15 years. Some of the government organizations currently using Sonant's products are: • US Department of Veterans Affairs • State of Arizona • State of Idaho • San Mateo, CA • San Diego County, CA • Ventura County, CA • Clark County, NV • Marin County, CA • Clark County, WA • Los Angeles County, CA • City of Atlanta, GA • Fairfax County, VA • Denton County, TX • Kent County, Ml A brief description of the bidder's current operations, and ability to provide the services. Sonant designs, builds, markets and maintains contact center automation-including Interactive Voice Response (IVR) using touch-tone and speech recognition, Automated Call Distribution (ACD), and Electronic Payment-systems, for commercial businesses and government agencies. These systems are vital for the large and rapidly growing Customer/Citizens Relationship Management (CRM) market where providing better customer service at substantially reduced costs is paramount. Sonant's products are unique because they provide customer access through the telephone, Internet, or walk-up counter, using both touch-tone and speech recognition interfaces. In addition, regardless of the access medium, the customer can be moved between an automated agent and a live agent without losing critical information applicable to the customer and/or transaction. Further, Sonant's systems reduce routine, manually processed tasks that can be more easily and quickly completed by the caller, web visitor, or walk-in. All systems offer an optional Electronic Payment Server (EPS) module that performs credit card and e-check payment authorization and transaction processing through telephone, Internet, or walk-up. Section 7: Vendor Company Data 15 Sonant Corporation Response Fresno TaxiRFP No. 208-3975 ' Sonant's ClientCall eCenter systems integrate telephone and Internet communications including voice, fax, e-mail, wireless paging, electronic payment processing, and web in\eraction into a total solution. Sonant's web components, often referred to as Interactive Web Response (IWR), offer a complete web-based solution to allow citizens/customers to perform all the same tasks as through the telephone components. IWR components are designed to access the same database(s) as on the telephone side. ' Sonant brings extensive experience and expertise in designing systems requiring the functionality as requested by this RFP. Since its inception, Sonant has dedicated itself to providing all sizes of government agencies with automated service and payment systems. For Los Angeles Superior Court, Sonant's system automates over 80% of traffic citation payment, traffic school' registrations, and trial by declarations, giving their office staff more time to work on more difficult tasks and respond with better citizen service. The automated payment features of the LA Court system have increased revenues dramatically, as more citizens opt to use a fast, automated system rather than talk to an agent. As an example of its ability to provide successful turnkey IVR application solutions, Sonant has successfully installed and maintained excellent relations with multiple Treasurer & Tax Collector organizations for more than 10 years. One of Sonanfs largest and longest customers is the San Diego Treasurer & Tax Collector. San Diego Tax has greatly benefited from Sonant's TaxTalk application. One Tax Talk feature in particular, Electronic Payment Server (EPS), has been well received and frequently utilized by San Diego Tax and the taxpayers it serves. In a 24 hour period during peak season, San Diego Tax's TaxTalk EPS will process more than $6 million credit card payments in real-time. The County has particularly benefited from the ability of EPS to eliminate duplicate payments. EPS does this by recording and storing every transaction, no matter where it originates. This feature alone can reduce an organization's overhead as much as 10% in money that would have been spent fixing duplications and settling transactions with customers and payment processing services. Many of Sonant's customers want to service multiple departments on one IVR system. For example, using one ClientCall eCenter system, San Mateo County operates IVR and IWR with real-time electronic payment for both the Traffic Court and the Tax Collector, as well as other applications for other departments. And San Diego County operates IVR and IWR with real-time eleCtronic payment for the Tax Collector while at the same time providing an IVR Open Benefits Enrollment application for the Human Resources Department. Sonant relies on the strong engineering, telecommunications, programming, project management and support backgrounds of its employees to provide systems that meet the exact needs of all types of clients. Sonant prides itself on the favorable word-of-mouth experiences and testimonials shared among its clients and prospects alike. Section 7: Vendor Company Data 16 Sonant Corporation Response Fresno Tax RFP No. 208-3975 References REFERENCE LIST Firm: Sonant Corporation Provide a list of at least four (4) customers for whom you have recently provided similar services (preferably California State or local government agencies). Be sure to include addresses and phone numbers. Reference Name: San Mateo County Tax & Courts City: Redwood City Contact _T.!..!i""m'-'B"'e~n,to:::.:nc.._ _______ Phone No.: (650) 363-7825 Date: ~19~9~3~t=o~P~~=s~e~n~t ______________ ~e~-~m~a~ii~: _____ T~B~e~nt=on~@~co~.s~a~n~m=at=eo~.=ca~.u~s- Service Provided: Tax: Property Tax Inquiry and Payment, IVR, ACD, CTI, Electronic Payment Courts: Family Law, Jury, Traffic, Small Claims Maintenance Service on both. :-. T '111''111'11'-VI'I' :V Til'- Reference Name: San Diego County Treasurer City: San Diego Ben Trovaten Phone No · -=~~~~----------------" (619) 557-4141 Contact Date: 1993 to Present e-mail: Ben.Trovaten@sdcounty.ca.gov Service Provided: Property Tax Inquiry and Payment, IVR, ACD, CTI, Electronic Payment, and maintenance service Reference Name: Ventura County Treasurer City: Ventura Contact Date: _L,a:::.:rryCL...CM:.ea,thcee~n,eLy ________ Phone No.: -->-=(8c:.0=..5lc...:6~5~4-...;:3"-7:=c26=------ 1994 to Present e-mail: Lawrence Mathenev«gmail.ca ventura.ca.us Service Provided: Property Tax Inquiry and Payment, IVR, ACD, CTI, Electronic Payment, and maintenance service Reference Name: Contact Date: _...,._. ___ Clark County Nevada Treasurer Katherine Hartig 2002 to Present ill 111'~11115 - City: Las Vegas Phone No.: (702) 455-4329 e-mail: kha@co.clark.nv. us Service Provided: Property Tax Inquiry and Payment, IVR, ACD, CTI, Electronic Payment, and maintenance service -- ________ .. , ,., ,.._,..._._.., _______________ ~-.... - Failure to provide a list of at least four (4) customers may be cause for rejection of this RFP. Section 7: Vendor Company Data 17 Sonant Corporation Response Fresno Tax RF~ No. 208-3975 REFERENCE LIST Firm: Sonant Corporation Provide a list of at least four (4) customers for whom you have recently provided similar services (preferably California State or local government agencies). Be sure to include addresses and phone numbers. Reference Name: Los Angeles Superior Court-Metro City: -=Lo::.:s:..:A..::n""g"'e"'le::::s _____ _ Contact Bernadette Duncan Phone No.: (213) 744-4001 Date: 1993 to Present e-mail: Bduncan@lasc.co.la.ca.us ·service Provided: Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment, and maintenance service - Reference Name: Atlanta City Court City: Atlanta John Encisco Phone No · ....::.::""'-'..=:::==--------" (404) 335-1937 -; .... Contact Date: 2000 to Present e-mail: jencisco@atlantaga.gov Service Provided: Traffic, Parking, Auto-attendant, IVR, ACD, CTI, Electronic Payment, and maintenance service -ll!'loll'"" ___ __ Reference Name: Contact Date: Clark County NV Court City: Brian Gilmore Phone No · -==:.:...=c::.:..:.:=:..._______ " 2001 to Present e-mail: Las Vegas (702) 455-3418 gilmoreb@co.clark.nv.us Service Provided: Juror Self-serve, IVR, ACD, CTI, and maintenance service Reference Name: Contact Date: Service Provided: -- City: ------------Phone No.: e-mail: _____ _.. ________ / ___ ..,._M' ________ _._ ... ___________ _._. __ ,..._ ... _ Failure to provide a list of at/east four (4) customers may be cause for rejection of this RFP. Section 7: Vendor Company Data 18 Sonant Corporation Response Fresno Tax 'RFP No. 208-3975 ' 7.1. General Information. Please include the following information in the company information section of your proposal: 7.1.1. General information about your company. Sonant and its predecessor companies have supplied customer communication solutions to the government since the late 1970's. After pioneering work in hundreds of audiotex! information applications, the Company began designing and manufacturing interactive voice response (IVR) solutions in 1985. By 1993, the Company's ongoing stream of product enhancements culminated in the introduction of the first of a new generation of IVR products, the ClientCall 3000™. Later versions of the ClientCall family incorporated the call center automation functions of automatic call distribution (ACD) and computer telephony integration (CTI). In 1995, Sonant enhanced its ClientCall systems with the ability of processing credit card transactions over the telephone. Since then, Sonant's Electronic Payment Server (EPS) has given customers incredible return-on-investment, expedited the processing of payments, and eliminated duplicate payment errors. In 1999, Sonant introduced the CllentCall eCenter system, which extended full citizen relationship management support to the Internet. Sonant's customers now have the benefits of a single processing engine that allows citizens to use either the telephone or the Internet to perform a variety of transactions, including making a-payments. In 2002, Sonant added automatic speech recognition capability to its eCenter family of contact center automation systems. In 2003, Sonant's Electronic Payment Server product was enhanced to allow it to support multiple business applications in an enterprise environment. Sonant Corporation has successfully supplied federal, state, county and municipal governments-of small, medium, and large size-with telephone and web automation projects for the past 15 years. 7.1.2. Name of owner(s) as well as names of senior management, including directors, vice presidents and board members. Directors and Board Members: Charles Smith James Stafford Creighton Gallaway Kenneth Miller Robert Claussen Earl S. Gudmundson Officers and Senior Management: Charles Smith President/CEO James Stafford Executive Vice President Murray Judy Vice President, Engineering Jack Buell Vice President, Operations James Reeg CFO/Treasurer/Secretary 7.1.3. Business structure, including any relationship between any parent company and subsidiaries if applicable. Sonant is a privately owned and closely held California C corporation. Section 7: Vendor Company Data 19 Sonant Corporation Response Fresno Tax RFP No. 208-3975 The Company is not affiliated with any other Company or Organization and does not have any subsidiaries. 7.1.4. Affiliations with professional organizations. National Association of Court Managers National Center for State Courts California Court Association Intel Communications Alliance General Member Microsoft Business Solutions Partner San Diego Chamber of Commerce 7.1.5. A description of your firm's experience in providing credit card processing services via Internet, IVR, kiosk and counter transactions. Please emphasize experience you have had in providing those services to other federal, state or local entities. Be specific about the types of services you have provided. Sonant has successfully installed and maintained excellent relations with multiple Treasurer & Tax Collector organizations for more than 11 years. One of Sonant's largest and longest customers is the San Diego Treasurer & Tax Collector. San Diego Tax has greatly benefited from Sonant's TaxTalk application. One Tax Talk feature in particular, Electronic Payment Server (EPS), has been well received and frequently utilized by San Diego Tax and the taxpayers it serves. In a 24 hour period during peak season, San Diego Tax's TaxTalk EPS will process more than $6 million credit card payments in real-time. The County has particularly benefited from the ability of EPS to eliminate duplicate payments. EPS does this by recording and storing every transaction, no matter where it originates. This feature alone can reduce an organization's overhead as much as 10% in money that would have been spent fixing duplications and settling transactions with customers and payment processing services. San Diego County Treasurer-Tax Collector and HR Employee Benefits Enrollment The system uses the Sonant TaxTalk application to provide for property tax account inquiry and tax payments with a credit card. Its lnfoLock and CTI functions support the Tax office call center. A second IVR application running on the same platform provides yearly benefits enrollment for County employees. San Mateo County Tax Collector and Courts The system performs applications for the Tax Collector, the Traffic courts, Small Claims Courts, Family Law Advisory and Jury Services. It includes credit card payment of taxes and traffic fines and supports the Internet web site application for credit card payments. Additional Call Center (lnfoLock, CTI) functionality will be added in an upcoming enhancement. Ventura County Treasurer & Tax Collector Sonant currently provides Ventura County with an IVR system and a credit card processing system. Currently Sonant and Ventura are in the process of upgrading Ventura's system to incorporate EPS and IWR Clark County, NV Tax Collector The system uses the Sonant TaxTalk application to provide for property tax account inquiry and tax payments with a credit card. Its lnfoLock and ACD/CTI functions support the Tax office call center. Los Angeles County Superior Courts Sonant currently has contracts with sixteen Municipal Courts in Los Angeles County. These include traffic, civil, criminal, small claims and superior courts. The CourtTalk system at L.A. Metropolitan Traffic Court reduced customer complaints, raised the customer service level, and eliminated the need to hire additional staff. The functions include IVR, audiotex, Electronic Payment Processing Section 7: Vendor Company Data 20 Sonant Corporation Response Fresno Tax RFP No. 208-3975 (EPS), lnfolock, and CTI screen pops (Call Status Window and external traffic host records), and Interactive Web Response (IWR). 7 .1.6. List of other government agencies or private firms for whom you provide similar services. Partial Customer List by Application i~~"'""""""""'e"'[s,..~..,·~"'"~ot.,W.i~'\.iiii'@!i«~~~~.«P.~iiTeA~ilil;lN'r~~""!ifif.~ ~~ -··-~·t~~~~Q ... ~Ioa. ·~,....__,~.:...-."4.1\ ....... ::. ... llol.l:~.. ' ' ·!at:'~ Antelope Valley Superior Court Traffic, Auto-attendant, IVR, ACD, CTI, Electronic Payment Arizona Supreme Court Child Support, IVR Atlanta City Court Traffic, Parking, Auto-attendant, IVR, ACD, CTI, Electronic Payment Better Business Bureau Blue Cross Blue Shield Beverly Hills Superior Court Brigham & Women's Hospital Citrus Superior Court Clark County, NV· Jury Services Clark County, NV· Tax Collector Clark County, WA. Treasurer Culver City Superior Court Denton County, TX ·Court El Monte Superior Court Fairfax County; VA-Park Aufuority · Hillsborough County, FL Idaho State Board of Nursing Illinois State CMS Inglewood Superior·Court KentCounty,MI-Court LA County ISO Help Desk LA County Mental Health LA Superior Court Help Desk LA Superior Court Criminal Division LA Superior Court Civil Division LA Superior Court Traffic Division Long Beach Superior Court Malibu Superior Court Maricop_a County Animal Care and Control Marin County Court Mendocino County Court Newhall Supenor Court Mass General Hospital Newton/Wellesley Hospital North Shore Hospital Pomona Superior Court San Diego City Risk Management San Diego County HHSA Section 7: Vendor Company Data Informational Audiotex!, IVR Doctor Insurance Inquiry, IVR Traffic, Auto-attendant, IVR, ACD, CTI, Electronic Payment Hospital Staff Locator/Paging, IVR Traffic, Auto-attendant, IVR, ACD, CTI, Electronic Payment Juror Self-Serve, IVR, ACD, CTI Property Tax Inquiry and Payment, IVR, ACD, en, Electronic Payment Property Tax Inquiry and Payment, IVR, ACD, en, Electronic Payment Traffic, Auto-attendant, IVR, ACD, CTI, Electronic Payment Juror Self-Serve, Web Traffic, Auto-attendant, IVR, ACD, CTI, Electronic Payment Re~ervation System, Information~! Audiotex!, IVR · Informational Audiotex!, IVR License Verification, IVR Weather Conditions, Informational Audiotex!, IVR Traffic, Auto-attendant, IVR, ACD, CTI, Electronic Payment Juror Self-Serve, IVR, ACD, CTI Help Desk Automation, IVR, ACD, CTI Help Desk Automation, IVR, ACD, CTI Help Desk Automation, IVR, ACD, CTI Criminal Informational Audiotex!, IVR, ACD Civil Filing Fees, Web, IVR, Electronic Payment Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment License Renewal, Auto-attendant, IVR, ACD, CTI, Electronic Payment Juror Self-Serve, IVR, ACD, CTI Juror Seif'Serve, Web, IVR, ACD; CTI Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment Hospital Staff Locator/Paging, IVR Hospital Staff Locator/Paging, IVR Hospital Staff Locator/Paging, IVR Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment Employee Benefits/Survey, IVR Timecard Entry, Deferred Comp., IVR 21 Sonant Corporation Response San Diego County Human Resources San Diego County Tax Collector San Mateo County. Court San Mateo County Tax Collector Santa Monica Superior Court South Bay Superior Court Veterans Administration, PA Ventura County Tax Collector West Los Angeles Superior Court Fresno Tax RFP No. 208-3975 Open enrollment, IVR, ACD Property Tax Inquiry and Payment, IVR, ACD, CTI, Electronic Payment Family law. jury traffic small claims Property Tax Inquiry and Payment, IVR, ACD, CTI, Electronic Payment Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment Insurance, Gl Bill Certification, IVR Property Tax Inquiry and Payment. IVR, ACD, CTI, Electronic Payment Traffic Citations, Auto-attendant, IVR, ACD, CTI, Electronic Payment 7.1.7. Financial Information. Please include the following information. 7.1.7.1. Please describe any transaction insurance or bonding that you provide. In lieu of transaction insurance or bonding, Error and Omission liability insurance must be provided. Please describe an upper limit on possible transaction losses. Due to the nature of Sonant's product and services, the Company has never been required to provide Performance Bonds, or other forms of transaction insurance. Since its inception in 1993, Sonant has never failed to satisfactorily deliver its product and services within the required schedule. 7.1.7.2. Please describe any pending or threatened litigation, claim or assessment against Proposer's company, the company's subsidiaries, the company's principals or the company's officers. Please describe the nature of the action and an estimate of potential losses. Please describe an upper limit on possible losses. Neither Sonant, its principles, or its officers, have ever had been sued or have had litigation threatened since its inception. The Company is not affiliated with any other Company or Organization and does not have any subsidiaries. 7 .1. 7.3. Please describe any litigation, claim or assessment settled in the past three years against Proposer's company, the company's subsidiaries, the company's principals or the company's officers. Neither Sonant, its principles, or its officers, have ever had been sued or have had litigation threatened since its inception. The Company is not affiliated with any other Company or Organization and does not have any subsidiaries 7.1.7.4. Please describe the annual growth of your company over the past 3 years. Although many of Sonant's municipal Customers have been under severe budget constraints, Sonant has maintained relatively stable revenues over the last 2 to 3 years. . Based on year-to-date performance, Sonant is projecting a 20% increase in revenue over its previous year. 7.2. If a private company, please describe or provide: 7.2.1. Who are the owners and their ownership percentage? Sonant is a privately owned California C corporation. The Company has no corporate or institutional shareholders. The Company is closely held with over twenty individual shareholders and does not Section 7: Vendor Company Data 22 , I• I ' Sonant Corporation Response Fresno Tax RFP No. 208-3975 ' have any corporate or institutional investors. No shareholder has either a direct or indirect controlling interest in the Company. 7.2.2. Financial statements for the past three years (Balance Sheet, Income and Statement of Cash Flows). Because the Company is privately owned it does not publicly disclose its financial statements. However, questions concerning the Company's financial status can be addressed directly to its Chief Financial Officer, Mr. James Reeg. The company is solely owned by its management and individual private investors. No institutions, public or private corporations, or any other type of organization has ownership in the Company. Sonant does not currently have any institutional debt or investment and, therefore, has the ability to withstand rough economic conditions better than most companies similar in size. 7 .2.3. Audited statements if available. Not available. See response to question 7.2.2 above. 7.3. If a public company, please describe or provide: Not applicable. 7 .3.1. Who are the principal owners and their ownership percentage? See 7.3 above 7.3.2. What is the your 52 week high and low? See 7.3 above 7.3.3. Year to date% change? See 7.3 above 7.3.4. What is your price-to-earnings ratio and how does it compare to the S&P 500? What is the stock selling at in comparison to earnings? See 7. 3 above 7 .3.5. What is the price of your stock and how does it compare to the rest of the market? See 7.3 above 7.3.6. Audited financial statements for the past three years. See 7.3 above 7.4. All companies should provide the following ratios: See Section 7.2.2 7.4.1. Debt to equity. Section 7: Vendor Company Data 23 Sonant Corporation Response Fresno Tax RFP No. 208-3975 See 7.4 above 7.4.2. Current ratio. See 7.4 above 7.4.3. Return on net worth. See 7.4 above 7 .4.4. Return on assets. See 7.4 above 7.4.5. Estimated gross revenue. See 7.4 above 7.4.6. Percentage of gross revenue invested in research and development See 7.4 above 7.5. Key Personnel and Subcontractors. 7.5.1. Specify the key individuals who would work with the ACTTC in performing the contract and provide the following information about them: The following are Sonant's key personnel who would be involved with the proposed contract: Jack Buell, VIce President, Operations -Mr. Buell joined Sonant in 1996 where his responsibilities include management of customer funded projects, manufacturing and facilities. Prior to joining Sonant, he was Director of Engineering at lndyme, a manufacturer of in-store communications systems. Prior to that he was Vice President of Engineering at Simpact , Inc. during the company's transition from a small software projects business to a hardware and software products business with 10x revenue growth. At the General Atomic Company he was responsible for project management during the creation of the industrial automation products business and later was responsible for the establishment and operation of the Manufacturing Department during the growth of this products business. Prior experience was in the design, engineering and project management of leading edge hardware and software systems. Mr. Buell has a BS in General Science from MIT with additional graduate studies at MIT and Harvard in the design of computers and automata. Murray S. Judy, Vice President, Engineering-Mr. Judy is Vice President of Engineering and was a member of the founding team for Sonant. He has twenty-seven years of experience in the fields of engineering, product management, and marketing of computer-based systems and products. At Sonant, he is responsible for all the technical aspects of the products and services, and was the architect for the Company's family of eCenter products. Prior to Sonant, he spent eight years at Simpact, Inc. during its high growth period. There, he served in a variety of roles including managing Simpact's early image and voice processing efforts, corporate business development, and product management for voice and data communications product lines. Prior to Simpact, he was an engineering manager with General Atomic Company where he was responsible for the design of its petroleum industry distribution automation products. Mr. Judy has a BS/EE degree from UCSB and is listed on multiple patents. Reginald Rawdon, Director, Customer Service-Mr. Rawdon oversees Sonant's team of customer service representatives who develop voice processing applications, install and maintain systems at Section 7: Vendor Company Data 24 Sonant Corporation Response Fresno Tax ,RFP No. 208-3975 customer sites, and train and support customers with Voice Processing applications running under Windows 98, NT, 2000, UNIX, and PDOS. Mr. Rawdon has over 20 years experience developing voice processing systems and applications for use in a variety of situations. Mr: Rawdon has the responsibility of managing the Information Systems for Sonant, and has extensive telecommunications skills. Prior to joining Sonant Corporation, Mr. Rawdon was the Applications Development Manager at Data Acquisition Services, a manufacturer of voice processing platforms. There he was responsible for the design and implementation of all voice processing applications and the main point of contact between the company and its OEM Product Agreement with their partner, Northern Telecom. Jim Stafford, Executive Vice President-Mr. Stafford joined Sonant in November 1999 as Executive Vice President and was appointed a member of the Board of Directors. His responsibilities include business development, marketing and distribution. In previously related companies, Mr. Stafford served as Vice President of Sales for Syntellect Corporation, an Interactive Voice Response (IVR) call center provider, where he set record level sales volumes that led to the company's I PO. Prior to that he was Vice President, Marketing and Sales for Celerity Computing, a mini- supercomputer manufacturer that is now a multi-billion dollar division of Sun Microsystems. At Prime Computer, Inc., a computer systems provider, Mr. Stafford built an organization from scratch to 350 people and increased revenues from zero to $100 million in seven years. Mr. Stafford holds an M.B.A. and B.S. from San Jose State University. Section 7: Vendor Company Data 25 Sonant Corporation Response Fresno Tax RFP No. 208-3975 7 .5.2. An organizational chart that shows the key individuals' placement within the firm. Eleclltbal QHice President/CEO Charles Snith I . I I I I 9*!1"" Sales&fla!cetlng --..,....,.,. """""" ....... -........ , Jim Starford Jim .... --... -VP -VP CI'O VP - I I I I I ¥ """""'"'" """" """"' """""'""' -"""""""' ,_ I I I I ,_, .... Hna1 a-""""' -""''"""' --"""""""' ll'tEQ:BJa1 & Test I I I I I FmiiUes ---""""' Tra!!!l! ......... I """"" ,....,,., 7.5.3. Describe each role the key individual will play in providing services to the County under the contract. See Section 7. 5. 1 7.5.4. Evidence of key individuals' knowledge, experience and proficiency in the area of intended utilization. See Section 7. 5. 1 7.5.5. List all subcontractors that your firm intends to utilize in performing this contract, if any. Also describe the portions of work they will be performing and their experience and qualifications in performing the same or similar work. No subcontractors will be used on the proposed contract. Section 7: Vendor Company Data 26 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Scope of Work ' Bidders are to use this section to describe the essence of their proposal. This section should be formatted as follows: A general discussion of your understanding of the project, the Scope of Work proposed and a summary of the features of your proposal. A detailed description of your proposal as it relates to each item listed under the "Scope of Work" section of this RFP. Bidder's response should be stated in the same order as are the "Scope of Work" Items. Each description should begin with a restatement of the "Scope of Work" item that it is addressing. Bidders must explain their approach and method of satisfying each of the listed items. When reports or other documentation are to be a part of the proposal a sample of each must be submitted. Reports should be referenced in this section and submitted in a separate section entitled "REPORTS." Include a complete description of any alternative solutions or approaches to accomplishing the desired results. 1. SCOPE OF WORK The successful respondent will be expected to provide a Tax Collector IVRIWEB Information and Payment solution that allows us to meet our objectives. This solution should take into account and leverage existing IT investments. Vendors are also encouraged to make recommendations for functionality not specifically requested in this RFP which may be of benefit to the ACTTC in handling taxpayer requests for information and the efficient processing of IVR or electronic payments. Currently, Fresno County Tax Collector has 5 tax rolls with approximately 341,000 accounts and an approximate dollar value of $450 million. Note that at the time of issuance of this RFP, the Fresno Regional a-Government Task Force expects to implement a-payment functionality to be provided by the common portal software provided under the response to RFP 208-3840 submitted by Ciber, Inc., Plumtree Software, and Farallon Geographies, Inc. As stated in the Overview section, vendors should propose separate IVRIWEB Payment solutions that stand-alone and that integrate with the Regional Task Force initiative respectively. General Discussion of Proposed Solution TaxTalk is a turnkey, fully integrated, custom-tailored application. The proposed solution will be tailored to the needs of the county of Fresno's ACTTC. Tax Talk will require minimal customization, allowing it to be implemented in a short period of time. The system will enable the County to provide better service to the public, while reducing the costs of internal operations. The system is easy to use and can be accessed from any telephone or Internet connection. As a result, our customers have seen a reduction in the number of walk-in and mailed installment payments. The proposed ClientCall TaxTalk system will provide callers and web site visito"rs with information and allow them to make payments on Current Secured, Supplemental, Unsecured, and Defaulted Section 8: Scope of Work 27 Sonant Corporation Response Fresno Tax RFP No. 206-3975 Scope of Work Bidders are to use this section to describe the essence of their proposal. I This section should be formatted as follows: A general discussion of your understanding of the project, the Scope of Work proposed and a summary of the features of your proposal. A detailed description of your proposal as it relates to each item listed under the "Scope of Work" section of this RFP. Bidder's response should be stated in the same order as are the "Scope of Work" items. Each description should begin with a restatement of the "Scope of Work" item that it is addressing. Bidders must explain their approach and method of satisfying each of the listed items. When reports or other documentation are to be a part of the proposal a sample of each must be submitted. Reports should be referenced in this section and submitted in a separate section entitled "REPORTS." Include a complete description of any alternative solutions or approaches to accomplishing the desired results. 1. SCOPE OF WORK The successful respondent will be expected to provide a Tax Collector IVRJWEB Information and Payment solution that allows us to meet our objectives. This solution should take into account and leverage existing IT investments. Vendors are also encouraged to make recommendations for functionality not specifically requested in this RFP which may be of benefit to the ACTIC in handling taxpayer requests for information and the efficient processing of IVR or electronic payments. Currently, Fresno County Tax Collector has 5 tax rolls with approximately 341,000 accounts and an approximate dollar value of $450 million. Note that at the time of issuance of this RFP, the Fresno Regional a-Government Task Force expects to implement e-payment functionality to be provided by the common portal software provided under the response to RFP 208-3840 submitted by Ciber, Inc., Plumtree Software, and Farallon Geographies, Inc. As stated in the Overview section, vendors should propose separate IVRIWEB Payment solutions that stand-alone and that integrate with the Regional Task Force initiative respectively. General Discussion of Proposed Solution TaxTalk is a turnkey, fully integrated, custom-tailored application. The proposed solution will be tailored to the needs of the county of Fresno's ACTIC. TaxTalk will require minimal customization, allowing it to be implemented in a short period of time. The system will enable the County to provide better service to the public, while reducing the costs of internal operations. The system is easy to use and can be accessed from any telephone or Internet connection. As a result, our customers have seen a reduction in the number of walk-in and mailed installment payments. The proposed ClientCall TaxTalk system will provide callers and web site visitors with information and allow them to make payments on Current Secured, Supplemental, Unsecured, and Defaulted Section 8: Scope of Work 27 PCl XL error Subsystem: TEXT Error: I llega lAttributeVa lue Operator: SetFont Position: 13989 Sonant Corporation Response Fresno Tax RFP No. 208-3975 After listening to the status information, the caller can request that a duplicate tax bill be mailed. If the download form the host includes text information, such as property location/situs, that is to be voiced to the caller, Sonant's text-to-speech (TIS) engine will be employed to voice it. The system supports a payment "shopping cart" approach in which the caller can include payments on multiple properties and/or types of bills in a single credit card or eCheck transaction. In conjunction with the credit card and eCheck processing, the system will create a Transaction File that contains the details of each authorized transaction. For each transaction, the file will contain the date and time paid, method of payment, the authorization/confirmation number voiced to the caller, the total tax(es) paid and the total fees paid. For each item in the transaction, the file will contain the roll type, parcel or bill number, the designated installment and the amount paid. Typically, this file will be transmitted to the County's financial system nightly for use in automatic distribution of the collected funds. This will eliminate the manual keying of payments by staff. Separately, the system provides a credit card Batch Settlement Report and an eCheck Batch Report that the staff can use to reconcile the Merchant Banks daily report of funds received. Depending on when the nightly processes are scheduled, funds are received in the County's account the same or next day. Initial Call Processing If the County agrees that the priority should be given to callers wishing to make a payment, the system will be configured to streamline that process. Immediately after answering a call and greeting the caller, the system will ask for a parcel or bill number and will check the various rolls for a match (e.g., a parcel number for which there are both Secured and Defaulted taxes). The system will also check the Electronic Payment System's Pending Payments Table to see if there are any pending IVR or IWR payments. Based on this information, the system will offer the caller the available payment choices. Callers who do not enter a parcel number will be offered the choices of listening to information messages (audiotex!) or requesting operator assistance during the assistance hours. Alternately, the County can chose to have the caller navigate to the tax type and activity desired by means of a more conventional menu structure. With this approach, after the greeting, the caller will be asked to choose between the rapid payment path and the full information and payment path. After this choice, the caller will select the tax type. (A third alternative is provided when the Taxpayers are provided different phone numbers to call for the different types of taxes.) Secured Tax Fulllnfonmation and Payment Processing Whenever the Secured Tax option is selected, either initially or subsequently during a call, the caller will hear the Secured Main Menu. It offers the options of hearing current year tax payment status, hearing prior year payment information, paying a current tax bill, listening to general information messages regarding the Secured Taxes responsibilities, options, and procedures or switching to a different tax type; in this case, Supplemental, Unsecured or Defaulted. If the caller chooses to hear current year tax bill status, the system will prompt the caller to enter the property parcel number. The system will then retrieve the Secured Tax infonmation from the downloaded data. (If the County chooses, the property location will be voiced and the caller will be asked to verify it before continuing.) The system will also check the EPS Pending Payments Table for any pending IVR or IWR payments on the parcel. (Depending on the sequence and timing of the County's processing of the Transaction File and producing a new daily download, a payment may be pending for one to four days.) If a payment is still pending, that information will be included in the payment status message. The payment status infonmation provided includes tax amount and due date of each installment and any penalties applied, amount of taxes and penalties paid and when paid. The caller will also be informed if there are any special conditions that require operator assistance. If the download includes information about cross-referenced or defaulted bills, the caller will be informed. Section 8: Scope of Work 29 Sonant Corporation Response Fresno Tax RFP No. 20S•3975 After the parcel information is played to the caller, the Secured Closing Menu offers options to pay any taxes due with a credit card or eCheck, request a duplicate tax bill be sent .or return to the Secured Main Menu. If the caller chooses to hear prior year tax payment information, the system will, prompt the caller to enter the property parcel number and the Tax Year. The system will retrieve the information from the downloaded data or the TaxTalk Secured Payment History Table, as appropriate. For each installment, the caller will be told the tax paid, penalty amount paid, if applicable, and the date of the payment. If the information provided by the County for the History Table includes year-end delinquency status that information will be provided to the caller. Then Closing Menu for prior year information only offers the caller the options of choosing another year or returning to the Secured Main Menu. Secured Tax Rapid Payment Processing The streamlined rapid payment path only voices status information about conditions that directly impact the payment process. Further it only asks the caller if he/she wants to pay the amount(s) that are still outstanding; e.g., "To pay Installment 1 in the amount of $XXX.XX, press 1. To pay Installments 1 and 2 in the amount of $YYYY. YY, press 2." It does not provide any information about payments already made or the dates when the payment(s) are/were due and any payment that were already made. Supplemental Secured Tax Full Information and Payment Processing The system's features and processing for current year and prior year Supplemental Secured taxes is essentially identical to the Secured Tax process described above. Unsecured Tax Processing The system's features and processing for current year and prior year Unsecured taxes is essentially identical to the Secured Tax process described above. Situs verification is not an optional feature for this roll. Defaulted Secured (Redemption) Current Year Tax Processing The system's features and processing for current year Defaulted taxes is similar to the current year processing of Secured Tax described above. Note that for Defaulted, the current year's downloaded data includes the information on prior year outstanding taxes. The primary difference with the Defaulted Tax processing is that there are more problem conditions to check and there are more payment possibilities offered to the caller. Sonant's understanding is that initially there is no requirement to create, maintain and offer the caller information from a 12-year history of Defaulted payments. Payment Processing As noted above, the caller may elect to make a payment either before or after hearing the information about the current status of the bill/account. If the County wishes, the system will play a general introduction to the payment process the first time that a caller indicates that he/she wishes to make a payment via the system. After voicing the optional message, the system will initializes a "shopping cart," allowing callers to pay multiple tax bills with a single payment transaction. A new transaction entry is made in the EPS database. This record will be updated as the payment process progresses. The record contains all of the information necessary to process the payment, create the daily Transaction File and support staff research and reporting functions. The payment options offered to the caller depend on the tax roll chosen and the status of the bill/account; e.g., first installment, first and second installment, or five-year payment plan installment. Before adding an item to the shopping cart the system will voice the total tax amount with the item added and the total fee with the item added. If the caller confirms that this amount is to be paid, the system adds the item and its amount to the "shopping cart" and updates a temporary Transaction File Section 8: Scope of Work 30 Sonant Corporation Response Fresno Tax RFP No. 208-3975 record for the payment. The caller is then given options to pay additional tax bills, to return to the Main Menu for the currently selected roll, or to complete the payment. Completing the Payment Process with a Credit Card When the caller decides to complete the payment transaction, he/she is instructed to enter a credit card number, expiration date and billing ZIP code. The system will perform preliminary data format checks and then send an Authorization request to the credit card network. If the transaction is authorized, the system updates the database record with selected information from the processor. The caller is then notified that the transaction has been approved and is given a confirmation reference number. The caller is then given the options noted above. The Authorization verifies that the funds are available and earmarks the money in the cardholder's account but does not move it to the County's Merchant Bank. The funds are moved when the Settlement process is performed-typically once per day, in the late evening. The authorized, but unsettled, transactions are submitted in a batch. On very rare occasions, an authorized transaction may be rejected at settlement because the card was subsequently reported as stolen. Each transactions database record is updated upon successful completion of the Batch Settlement transaction. The Batch Settlement Report can either be automatically printed at this time or printed on demand by authorized County staff at a later time-typically at the beginning of the next business day. The daily Transaction File is created after the settlement is successfully completed. (Per County instructions, the system does not update the county's Tax roll host record directly when a payment is made. The update is made by the host system from the Transaction File that it receives each day alter the system performs the credit card Batch Settlement process.) Completing the Payment Process with an eCheck When the caller decides to complete the payment transaction, he/she is instructed to enter the checking account routing information and a check number. The system will perform preliminary data format checks and then send a request to the ACH processor. The processor will determine if the routing information is valid for an account that can accept checks. If the transaction is verified, the system updates the database record with selected information from the processor. The caller is then notified that the transaction has been accepted for processing and is given a confirmation reference number. The caller is then given the options noted above. Unlike credit card payments, there is no verification or earmarking of funds with an eCheck. The check routing information is verified to be legitimate when the request is submitted. The verified transactions are batched at the end of the day and submitted by the ACH processor to the Clearing House for movement from the caller's checking account to the County's Merchant account. A Batch report is available and the Transaction File creation is analogous to that described above for the credit card payments. Agent Pay Path The proposed system includes a hidden path that authorized staff can use to make payments in special cases. It can be used to assist callers who are having difficulty using the system or can be used when it is determined that a non-standard payment is to be accepted. The public callers are not allowed to make partial payment of an amount due. An example of a special case would be for a caller who wants to split the payment between two credit cards. Using the Agent Pay path the operator can process a payment of less-than-the full-amount with one card and then initiate a second transaction of the remaining amount with the second card. Operator Assistance Features The proposed system includes a sophisticated, integrated capability for transferring or routing calls to an operator when required. It is designed to: a) minimize the number of times callers will "abandon" their calls while waiting to talk to an operator, and b) minimize the time required by the operator to satisfy the callers needs. The routing function incorporates computer-telephony integration (CTI) that eliminates the annoying need for callers to repeat information already entered into the system; the Section 8: Scope of Work 31 Sonant Corporation Response Fresno Tax RFP No. 208-3975 information pops to the operator/agent's desktop as the call is presented. This capability significantly improves customer satisfaction as well as staff efficiency. Most call center managers are confronted with finding the proper mix of improving customer service while operating more efficiently. Typically, one of the decision is that operator support is not promoted or offered in the opening greeting of a call, but is made available after the caller is informed of the self-processing features that are available. Selectively, after that point, callers can opt to speak with an operator if they have a question or dispute the information offered by the IVR system. During office hours, callers who request assistance are routed to an operator via the County's existing telephone equipment. If all operators are busy, the call is placed in a queue where callers alternately hear information messages and music. Periodically, while waiting for an operator the callers are informed of their place in line and given the opportunity to transfer to the information message section of the IVR application without loosing their place in line. If the caller decides to return to the self· processing section of the application, it is assumed that they will make changes that require re- establishing the CTI information and their place in the queue will not be retained. When an operator is ready to take a call, the information gathered during the IVR portion of the call (e.g., tax type and parcel number) is presented in a small window on the agent's desktop PC known as the lnfolockTM window. A section of this window also contains a message informing the operator why the call is being routed to the call center. If the caller has entered a valid parcel or bill number, the system will also initiate a request to the County host computer from the agent's desktop for the host screen containing the caller's tax record; i.e., it will also be popped to the agent's PC. These productivity features allow operators to handle more calls in the same period of time by eliminating the prompting for, and manual keying in of caller information. In addition, since operators already know why the caller needed help, they can begin the conversation in a way that eliminates time wasting general questions that often elicit long-winded responses from the callers. Typically, the system allows operators to handle 15 to 20 calls per hour, and in some cases over 30 calls per hour. Each day when the operator turns on their computer the TaxTalk operator (Agent) software will automatically start and take the operator to the login screen. During the day, the operator can easily opt out to Other Work with a pull-down list and a simple mouse click. When the operator is again available to take calls, a click of the mouse puts them back into operation. When in Other Work, the system does not try to route calls to the operator. This allows operators to leave their desk without missing calls. Supervision is infomned if calls have to be routed to another operator because an operator leaves his/her desk without going to Other Work or logging out. Figure 2, below, shows how the lnfolockTM window will compliment the County Tax application. The APN collected by the IVR is shown here and used to cause the appropriate record in the County's mainframe Tax application to be sent to the operator's desk top PC. This screen will"pop" to the operator's PC as the call rings through to the operator's telephone. Section 8: Scope of Work 32 Sonant Corporation Response Call Status Section ~ Shows caller entered information · gathered by the IVR application Agent Status Section Shows "--.. 1 Login/out -........... '! status, number of calls completed, and allows you to Group Status......_ Section ~ Shows current r.::~.ll vnh1mP Call Routin~ and Transfer ............ Allows operators to return callers to specific IVR rn11tinDo nr 1nstant ............... Messagin ~ g Section Internet WEB Functionality Fresno Tax RFP No. 208-3975 Figure 2. Sample lnfolockTM Window Timer Wtndow IVR Time: Time in minutes and seconds (MM:SS) caller used lhe IVR application Queue Time: Amount of time caller wa1ted after requesting operator assistance Agent Time: Amount of time spent with a live operator Total Time: Cumulative Sum of =oil ti ..... .,,.., The proposed system will include website functionality that extends TaxTalk features to the Internet web user. The information and payment processing will be equivalent to that described above for the IVR functionality. It is assumed that the web application can be hosted on an existing Windows server supporting . Net. Sonant will provide website software including HTML, Active Server Pages (ASP}, a COM client for accessing the Tax Payment Processing Server in the IVR Tax Talk Server and a COM client for communication with the EPS Server, also located in the TaxTalk Server. The ASP and HTML will implement web application in a manner analogous to that provided to IVR callers by the ClientCall script. The Com Clients perform the same access and update functions performed by the IVR's dlls. These pages will be used to collect parcel or bill number requests, to return tax bill statements with payment options, to collect credit card ore-check information, and to return payment authorization results. The HTML pages will also provide the textual pages that present general information and answers to frequently asked questions. Section 8: Scope of Work 33 Sonant Corporation Response ; ... • COUNT'r.SWEBSERIIERc: '· HTML PAGES · -2 liS INTE~ET CONNECTION ASP PAGES L:~)· i~-r:. f----L---1 MTS TIPPS COM Client ;. .· .... · .. : ·' . ~·: '- Fresno Tax RFP No. 208-3975 · ·. . .:,: •.. TAXTALK SE!l.VER'.· .• ... '-_ ,, .. ··.COUNty · •. :":. MAINFRAME"·': TAX INFORMATION &PAYMENT PROCESSING SERVER (BUSINESS RULES FOR TAX) ..._:_ Download ~+--+-TAX DATABASE . . Data db •,· .. "" .,_: .. ,,.-,_ .- . . . ·~ '. - ' . ' ~ ·-:-·. . : .. ;:; . . '>;"; :·.· :·· ., ·'. ',.' I Callen; I Figure 3 TaxTalk Website and IVR System Diagram Kiosk Functionality The County has specified that the kiosks functions are to be the same as those provided to the users accessing the County's Website with a browser. ACTTC Host Interfaces Sonant has developed interfaces to numerous host computers. We have extensive experience in screen-scraping, file transfers and direct interfaces. As is the case for the County of Fresno, the solution often requires a mixture of these techniques. The proposed system will receive a daily extract file of the ACTTC tax records from the County's mainframe computer in the form of a file transfer to be mutually defined by Sonant and the County. The County will be responsible for creation of the Download File and delivery of it to an FTP folder on the TaxTalk system. Sonant will be responsible for populating the local database with the information from the file. The TaxTalk system will create a daily Transaction File of all payment transactions with the content and format to be mutually defined by Sonant and the County. Sonant will be responsible for creating the file and placing it in the FTP folder. The County will be responsible for retrieving it and performing the associated host database updates and funds distribution. 2. DELIVERABLES Implementation deliverables are expected to include the following items: Section 8: Scope of Work 34 Sonant Corporation Response Fresno Tax RFP No. 208-3975 • Delivery, installation, and testing of all software products required by the selected solution; (operating systems, data base system, system utilities, etc.) for the IVRIWEB computing environment • Host system hardware and software required • Completed customization of all software products • Completed Management Plan including the following documents: • Implementation Plan • Quality Assurance Plan • Acceptance Test Plan • Training Plan • Risk Management Plan • Completed system acceptance testing • Completed system training • Completed system documentation • Maintenance plan The proposed system includes the design, development, installation, testing, acceptance, and training for the IVRIWEB system for the Fresno County Tax Collector. All of the specified deliverables are included. 3. MINIMUM QUALIFICATIONS: 3.1. Prior Experience For offers to be considered responsive, respondents must meet these minimum prior experience requirements: • Not less than three years experience in the development of public solutions for government agencies, preference may be given if some of that experience has been gained in multi-jurisdictional installations. • Not less than three years experience developing interfaces to public systems. • Not less than three years experience in supporting installed systems up to a level of 24 x 7 x 365. • Vendor is required to be currently providing payment solutions and service to public or private sector entities within the State of California with similar or greater requirements than that of the COUNTY. Failure to meet these minimum prior experience requirements may cause a vendor's proposal to be considered non-responsive and the proposal will be rejected. Sonant or its predecessor companies have been in the IVR business for over twenty years with over ten years experience with Tax Collector payment systems. The company has been involved with web·based government information and payment applications for the past four years. Sonant has provide 7 x 2.4 support for those systems that require it for over fifteen years. Sonant systems are currently providing information and payment solutions for the San Diego County and Ventura County Section 8: Scope of Work 35 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Treasure-Tax Collector, the Traffic Division of the Los Angeles County Superior Court and the San Mateo County Superior Court. 4. Customer References Using the Customer Reference Form, please provide a list of at least four similar installed a-Government and/or Tax Collector IVRIWEB Information and Payment systems of the same size and environment as the one proposed for the Courity of Fresno and/or Fresno Region. o It would be preferable if one of these references have a similar communication network as the Northern Telecom network that exists in the County of Fresno. o It would be preferable if one of these references include an inter-agency cooperative scenario similar to the Fresno Regional a-Government Initiative, preferably including more than one level of local government. It would be preferable to have these sites in California, however we will accept installations in other geographical locations. See Vendor Data Section that includes the requested Customer Reference Forms. 5. Related Tax Collector and/or a-Government Information and Payment References Please provide information about all subcontractors and/or business partners that you are proposing to do business with as part of your response to this RFP. Sonant does not propose to subcontract any of the work for the proposed system. • Provide the last three years of financial statements for your company as well as all subcontractors and/or business partners associated with your proposal. See Vendor Data Section 7 .2.2 • Provide information regarding previous working relationships with the proposed subcontractor and/or business partners. Not Applicable o Indicate how long your company, as well as subcontractors and/or business partners, have been in the Tax Collector and/or a-Government IVRIWEB Information and Payment business. Sonant has been providing and supporting similar systems for Tax Collectors and other local government agencies for over eleven years. 6. Other Standards Describe your involvement in, or support of related industry and government standards. At a minimum, you should address the following points: o operating system Section 8: Scope of Work 36 Sonant Corporation Response Fresno Tax RFP No. 208-3975 • graphical user interface • database query language • programming languages • communications The proposed system will use Microsoft Windows Server Operating system and an industry standard SQL database. Sonant has developed numerous systems based on both the Unix and Windows operating systems. For the past eight years Sonant has employed GUI techniques in the administration of its systems, especially with respect to call center agent/supervisor/administrator interfaces and finance/accounting staff. The company's experience with accessing host information runs the gamut from screen scrape for legacy systems to query-based access to a variety of data base applications. 7. Desired Goal. The desired goal is to improve the level of service available to the public and increase the availability of data. It will also allow for different methods of data access and payment. The ACTIC would like to implement a modular solution that would take IVR, cashiering, web and kiosk payment processes and integrate them into a single, highly reliable, easy to manage, fault tolerant system that can be expanded to encompass future needs and changes in technology and business practices. Sonant-designed systems have typically allowed over 60% of the IVR callers to self-process information retrieval and payments without the need for operator assistance. 8. Scope of Work -Other departments. Although the scope of work is strictly for the ACTIC, it is also a primary goal of the ACTIC to establish a basic system for the acceptance of electronic payments that all COUNTY departments and other COUNTY jurisdictions may utilize. Other COUNTY departments and jurisdictions should have the ability to choose whether they want to host services on their own servers or sites and pass payment information to the ACTTC Vendor, or COUNTY departments may opt to have the ACTIC Vendor develop and host an application for them. This will be determined and negotiated separately by each department and jurisdiction that has a need for such services. Response Sonant's Electronic Payment Server product has been configured in various ways to support the payment needs of its customers. For example, the Los Angeles Superior Court's Web server contains a Traffic application and multiple Public Access (Civil) applications that share a single EP$ COM Client that interfaces to two separate EPS servers. In this installation, the Traffic EPS also services the Traffic IVR system. These servers currently process approximately 3,000 payments a day-and the volume continues to grow. At San Mateo, payments for multiple web applications are processed by a single EPS that segregates the funds into separate settlement batches that end up in the same merchant account. Section 8: Scope of Work 37 Sonant Corporation Response Fresno Tax RFP No. 208-3975 9. Basic Service. Our approach is to embrace technology and use it to streamline our operation so that we may better serve the public. The ideal solution would be to select a vendor that has developed integrated system relationships requiring little or no customization that could be implemented in a short period of time. Response Based on years of experience, Sonant has developed products that serve as building blocks for numerous applications. As new technology becomes commercially viable it is folded into enhanced versions of the products. For example, Sonant monitored the progress in speech recognition and when it became financially viable for our customers it was introduced into our ClientCaiiScript (CCS) IVR application development and runtime product. Our server platforms are routinely upgraded to take advantage of improvements in performance and reduction in the cost of computer and telephony hardware. Products that originally used the Windows 95 workstation operating system now typically use Windows 2000 Server. Processing of e-checks has recently been added to EPS. 10. The solution should be able to satisfy the following high-level requirements: 1 0.1. Integration: The banking and payment system should be modular so that only those sub-systems that are desired can be selected and installed. In addition, other modules should be able to be added as needed without re-designing or tailoring the system. All interfaces should access data from a centralized data store and utilize a single data base management tool. The solution should also be capable of integration with other potential data resources such as (Electronics Record Management (ERM) systems, document imaging, mainframe, etc. Sonant's EPS suite can be configured to process credit card payments, e-check payments or both- without modification of the basic software. Communication with the card processor can either be via dialup modem, leased line modem or over the Internet, using HTTPS. The architecture of EPS includes the ability to exit the product and execute a custom dll method before continuing the payment process or returning to the calling application. This architecture allows the EPS product to be used, unmodified, for several applications whose special requirements can be implemented via the Custom dll. EPS 4 uses a central database for the storage of payment information. The user organization that has primary responsibility can grant other organizations and applications privileges to view, read and add data. Financial integrity requires that certain EPS-related data cannot be modified by other applications and some data is encrypted for the protection of the public user. 1 0.2. IVR: Provide tax bill information including tax rates, special assessments, lien dates, etc. and accept payments of various types. To the extent that the desired information is available in the host database lite that is downloaded to the ClientCall system each night, or in the resident history file, it is available to the public. Callers access the information by providing a parcel number or a bill number. If prior year information is desired, the caller will also have to input the desired year. Depending on the availability of cross reference information in the download (and possibly the history file), the system can inform the caller of other related payments that are due or have been made. The proposed IVR application and EPS support a "shopping cart" approach to payments; the caller can include payment on multiple parcels and different tax rolls on a single credit card ore-check transaction. Section 8: Scope of Work 38 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Please note that whereas the IVR application can present all of the information to the caller, voice is linear and the medium is not well suited to providing large amounts of data. Good design practices dictate that the amount of data presented carefully reviewed so that it doesn't become cumbersome and difficult for the caller to understand. The payments that can be accepted are determined by the County's Business rules. For example, the caller's ability to set up an installment payment plan for a defaulted property may be limited to certa1n times of the year. If tax bill information shows defaulted taxes on the parcel, track incoming phone number with parcel number-provide report. Provided that the County has arranged for the teleco and on-premises switch to supply the caller's number to the system, the proposed system will create a special script report containing this information. If taxpayer does not have time to wait on phone for customer service representative, taxpayer should be able to leave a return phone number and system will call them back (information on customer service representative screen) when their turn comes or they can set up an appointment to get a call back. System does all this automatically. The system is capable of performing the requested outdialing for the agent. However, our experience is that this is not a practical approach for call centers with a small number of agents. 1 0.3. Internet: Provide access to bill information (bill presentment) via web browser to individual owners as well as tax service agencies and owners of multiple parcels. The solution should also accept payments of various types via the Internet. At a minimum, the IWR application will provide the same functionality as the IVR application (as noted in 10.2). Additionally, the webs graphical medium is well suited to presented more complex data such as tax rates, special assessments, lien dates etc. It also is practical for the user to enter alpha data such as names and addresses. 10.4. Kiosk: Allow the COUNTY to provide the public an added ability to make timely payments through the use of web-based kiosks located in remote areas. The proposed system can provide information to and process payments for taxpayers using the County-provided, web based kiosks. Basically, the Kiosks are treated the same as the "normal' web browsers. 1 0.5. Secure: Provide a method of securing all transactions. The system should also convey and instill trust with the public in order to gain acceptance. The IVR and EPS are located inside the County's firewall and are inherently secure. Access to the servers, whether by LAN or via their diagnostic/maintenance modems, is password restricted. Sensitive taxpayer information, such as credit card number, are encrypted in the EPS entries in the database. For the web application, It is recommended that the County obtain an SSL certificate and that the taxpayer be informed that he/she is entering a secured area before being asked to provide any a- check or credit card information. Section 8: Scope of Work 39 Sonant Corporation Response Fresno Tax RFP No. 208-3975 10.6. Scalable: Designed to be highly scalable from a small installation to a large-scale operation gracefully. Sonant systems are inherently scalable as has been proven by a number of customers who have already expanded their systems to handle four to five times the initial volume of calls. The systems are expandable both in the number of ports that can be accommodated in a given platform and in the number of platforms that can be operated as a system. 10. 7. Reliable: The tax payment system should be fault tolerant and designed to provide maximum uptime with as little management as necessary. The proposed system utilizes a RAIDS, 5-disk array with hot swappable disks. The power supplies and the fans are also hot swappable. Redundant LAN connections are employed. Diagnostic and maintenance access is provided via a dialup modem and VPN. The IVR's phone interface modules operate independently so that one module can fail without affecting the performance of the other modules. When host database access is employed, it is typically implemented with multiple simultaneous sessions. The Guardian software is capable of detecting and reporting a variety of degradation and failure conditions via e-mail or e-mail initiated pages to County staff and/or to Sonant's Customer Support organization. 10.8. Reports: The banking and payment solution should include various reporting capabilities for each of the sub-systems (IVR, internet, kiosk) including ad-hoc, statistics, general accounts receivable reports, reports by payment type, etc. The proposed system provides standard batch settlement reports for the credit card transactions and a pseudo settlement report for the e-check payments. These reports include the total payments for the batch, segregated by user defined type, such as IVR, Web Kiosk. Batch processing is usually done at least daily with funds available in the County's merchant account the next day. Because EPS supports a shopping cart approach, the system normally creates a Transaction File, to the customer's specifications, that details the items covered by each credit card ore-check payment in the batches 1 0.9. History: Provide up to twelve (12) year online history for tax service agencies and taxpayers alike to track changes in their bills from year to year and to keep their payment history. The IVR -Web system would need to provide a mechanism to save this history as Fresno County's current property system only has two years of history for the Current Secured Tax roll. The system will include a file that covers 12 years of historical Secured Tax billing and payment information for each parcel. The data will be accessible by the IVR and the IWR applications. 10.10. Consolidation: If applicable, consolidate all of a tax service agencies and taxpayers bills into a summary page with totals and relevant information regarding their bills and billing status that can be "drilled" into as more detail is needed. This description is too open ended; it does not identify what bill, what information is to be displayed, what business rules apply, how the data will be provided and what presentation format is acceptable to the County. Sonant will respond to this requirement after it is fully defined. 1 0.11. Screen Pop: Provide "screen pop integration" with the existing Northern Telecom Option81 telephone switch as a means of providing help to customers using the IVR, internet payments or kiosks. For the purposes of this document, "screen pop integration" pertains to automatically displaying Section 8: Scope of Work 40 Sonant Corporation Response Fresno Tax RFP No. 2!llih3!\l'75 call information on the operators PC screen when the call is switched from a voice response system to a operator involved system. The proposed system includes an integrated ACD-CTI capability that allows information to be popped to an agent's PC as a call is presented to the agent. Information gathered from the caller and the caller-selected tax record in the local database (e.g., the tax roll selected, the parcel or bill number entered, the amount duei are presented in the lnfolock portion of the Agent's ACD window (shown in section 1, above). In addition, the Message section of the window will contain information pertaining to the reason that the call is being routed to an agent. Depending on the ability of the County's host computer to accept a ClientCall (??or, Tax Talk??) screen/record request from the agenfs PC, the system will also pop the appropriate screen for the selected roll and parcel/bill number. In cases where the main frame application can not support the request from ClientCall, the required data (e.g., the parcel number) will be placed in the buffer of the agent's PC and the agent will merely have to perform a paste of the data into the appropriate area of the main frame's request screen. These powerful capabilities significantly reduce caller annoyance at having to supply information multiple times and reduce the agent's talk time though the elimination of the need to request information, key it in and retrieve it from the main frame before starting to deal with the caller's request. 10.12. Payment Options: The banking and payment system should provide various methods of making payment including: Credit cards, electronic checks and debit cards all from the various sub-systems. The proposed system will accept e-checks, credit cards and debit cards, to the extent that the County's merchant banking account agreement allow. 11. Scope of Services. Although the ACTTC would prefer to evaluate complete proposals, Vendors will be allowed to respond to this RFP with proposals that cover the Vendors area of expertise. Vendors who respond in part will be required to work with competing vendors to integrate their respective products. Vendor must indicate in its response either acceptance or any exceptions to those requirements specified in this request for proposal. Absence of acceptance or exceptions may, at ACTTC's discretion, disqualify the proposal as non-responsive. Sonant's base IVR and IWR proposal includes the EPS product that processes payments to the selected credit card processing network (e.g., Vital) and e-checks either through ACH Direct or the County's bank. Although Sonant believes this integrated approach is the most powerful and cost effective for the County, we are willing to interface with an alternate payment engine. 12. Services Provided by the COUNTY. During implementation and for the term of the agreement, the ACTTC will provide a primary contact person who will arrange for staff assistance by COUNTY IT and ACTTC staff, as required. The proposal should identify all services and equipment to be provided by the COUNTY and ACTTC as required to implement and support the Vendor's proposal. The COUNTY and the ACTTC will furnish no material, labor or facilities unless otherwise provided for in this RFP • Staff with knowledge of Business rules and practices employed by the County who can assist Sonant in the documentation of this information. Section 8: Scope of Work 41 Sonant Corporation Response Fresno Tax RFP No. 208-3975 • Staff with knowledge of the County's phone system who can assist Sonant in defining the precise interface that will be provided to the ClientCall system. • Staff with knowledge of the County's LAN who can arrange for VPN access and provide information about restrictions, addressing, etc. • Conditioned space for the installation of the ClientCall system. • All power, telephone and LAN wiring to the location of the ClientCall system. • All on-premises telephone switch and phone instruments and head sets. • Any interface hardware required to be added to the on-premises phone switch for the purposes of delivering calls to the system and accepting calls from the system for routing to an agent. • Unpublished extension numbers for each of the agents (and supervisors who may take calls) that the system can use to route calls to the agents. (Note: Since the agents/supervisors typically need to use their phones for other calls at some time during the day, this normally means that the instruments must be wired for and support at least two phone lines.) • A DID modem line, available at the location of the system. (If the system is expanded to multiple platforms, a diagnostic modem line will be required for each platform.) • A phone line and instrument at the system location for use in coordinating trouble shooting and maintenance. • ACD agent and supervisor PCs, with Windows 95 or later and sufficient RAM and disk space for the respective ACD software. • If the County does not purchase the optional UPS from Sonant, it is highly recommended that the power for the system be provided by a County-supplied UPS. 13. Work Timetable. Provide a project work plan and schedule including milestone project tasks, deliverables and timeframes for their completion. Project Schedule Item/Task Completion Responsibility No. Descriction (weeks ARO) 0 Issue Purchase Order 0 COUNTY 1 Meeting to Define County Provided Technical Information 1 Joint Business Rules applicable to IVR and IWR Information available in Host Download file(s) Information needed in Transaction File 2 Submit Project Draft Documentation 2 Sonant Project Plan IVR Functional Description Database Download File Specification Transaction File Specification Call Flow Diagram English Phrase List Electronic copy of phrase list IWR Map and Page Functional Descriptions ClientCall Installation Reouirements Document 3 PrOTect Review Meetino 3 Joint 4 FaciffiV Precaration Orders Section 8: Scope of Work 42 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Item/Task Completion Responsibility No. Description (weeks ARO) a Decide if there will be any changes to the phone service 3 COUNTY provided by the telco b Order telco chanqes, if any 3 COUNTY c Order changes to internal phone services (wiring, 3 COUNTY equipment, and programming), if any 5 Document Revisions a Provide comments on Draft Documents 3.5 COUNTY b Submit revised documents 4 Sonant c Final Comments/Approval 4.5 COUNTY 6 Acceptance Test Plan a Submit Draft 5 Sonant b Review and provide Comments 5.5 COUNTY c Submit revised Plan 6 Sonant d Approval 6.5 COUNTY Provide Test Environment 4.5 COUNTY VPN access to Host for development and testing download and Transaction File Sample Download File with test cases Description of test cases 7 Build ClientCall Platform (hardware and system software) 6 Sonant 8 IVR Script and dll Development 7 Sonant 9 IWR Paoe and COM Client Developmnet 7 Sonant 10 Facility Preparation for System Installation 7 COUNTY (includes phone lines from telco, internal phone equipment and wiring, and Website firewall access riqhts) 11 Factory System Integration and Pre-ship Testing 7.5 Sonant 12 Delivery 8 Sonant 13 Installation, Functional Acceptance Testing, and User Training 9 Joint 14 Additional System Testing a Functional, operational and load testing 9.5 COUNTY b Correction of any documented problems 10 Sonant 15 Final Voice Files a Approval of any changes to English Phrase List resulting 10 COUNTY from Functional Acceptance Testing and additional testinq Section 8: Scope of Work 43 Sonant Corporation Response Fresno Tax RFP No. 208-3975 ltemfTask Completion Responsibility No. Description (weeks ARO) b Remote installation of final changes to voice files 11 Sonant 16 Svstem Acceptance and cutover to Operational status 11 COUNTY 14. Can your proposal be considered by the ACTTC on a separate component-by- component basis or must your proposal be considered in its entirety? Our proposal offers two system configurations that should be considered in their entirety: a complete system including IVR, Web, and the payment system; and a system with the IVR and Web components without the payment system. Sonant components are available separately, but the proposed pricing includes system integration and installation and assumes delivery of a complete system configuration. 15. If you allow consideration on a component-by-component basis, will you agree to work with competing vendors to integrate those components chosen by the selection committee? Are there vendors that you will not work with? If so, please list them. Sonant has a long history of working successfully in a multi-vendor environment. There are no vendors with which we will not work. 16. Describe the transmission process from the point where a transaction is initiated on IVR, Web, Kiosk and Cashier to where the credit/debit card information is processed and an approval message is returned stating that the transaction has been accepted. Are telephone circuits or an Internet connection used to transmit the payment data? The IVR, Web, and desktop applications gather transaction data from the taxpayer and pass it to a local EPS (Electronic Payment System) client. (The client is a DLL for the IVR system and a COM component for the Web and desktop systems.) The client sends the payment information to the EPS Server using an encrypted connection (HTTPS) over the local network. The EPS Server connects to each payment processor depending on its capabilities. For ACH payments, the connection will be an outbound HTTPS connection via the Internet. For credit card payments, Sonant recommends that the County use Vital because it offers a high-speed outbound HTTPS connection via the Internet. If the County prefers to use Nova, the connection will be a dialup modem connection via a telephone line. 17. Describe the processing cycle, identifying each step within the process and the timeframe in which it occurs. Credit card authorizations and e-check routing code verifications are performed in realtime so that the caller or web user can be provided with a confirmation number or told that the transaction was not completed. For credit card payments, an Authorization request checks for the availability of the funds in the cardholder's account and earmarks them as reserved for the transaction. Typically, the system submits a batch containing the day's authorized transactions for settlement at the end of the day. (Although very rare, an authorized transaction may be rejected at settlement, e.g., if the card was Section 8: Scope of Work 44 Sonant Corporation Response Fresno Tax RFP No. 208-3975 subsequently reported as stolen.) Settling results in the funds being transferred from the cardholder's account to the County's merchant bank account. The ACH-approved e-check process does not provide for verification or earmarking of funds in the taxpayer's checking account. At the time of the request by the taxpayer, the system will connect either to ACH Direct or the County's merchant bank to verify that the routing code entered is valid. If it is, the request will be added to the e-check batch for the day. At the designated end-of-day time, the batch will be submitted to the Clearing House for processing. The timing of when the funds will appear in the County's merchant account depends on the County's agreement with ACH Direct or the merchant bank. The County can request that funds be moved the next day. However, the quicker the transfer is made, the greater the NSF risk, with the resultant need to reverse some payments and incur charges for these items. 18. Describe the specific information that must be provided on the initial load from our host systems and on an on-going basis by the host systems and the taxpayer. The system will treat the initial down load the same way as it will each subsequent daily down load. The downloaded file will be used to populate local database tables with the tax information from the host that is required by the IVR or IWR applications. None of this information is retained from day-to- day. 19. Describe your method for extracting data from the legacy COBOL Property System on the mainframe. We propose that the mainframe Property System create a flat file containing property and tax information on each business day. We recommend that the file be formatted as readable text with comma-delimited fields. FTP is the preferred file transfer method. Sonant will write a utility program that will import the extract file and update the database. The ClientCall software includes utilities that can automate this process. 20. The payment information returned to the host computer must include a parcel number, sub number (if applicable) , roll year, payment date, payment amount, Installment Identifier, Transaction Identifier, and default number, if applicable. How do you propose to update the COUNTY mainframe-based systems? We propose that the mainframe be updated using a process similar to the one used to extract mainframe data. The ClientCall system will generate a daily transaction file containing the required information. The file will be formatted as a readable text file with comma-delimited fields. It will be transferred on a daily basis to the mainframe for update using FTP. 21. Is a particular browser type or version required on the payee's computer for the Internet payment option? Virtually any browser can use the proposed web payment system. The application (EPS) is design to function with the latest versions of the most popular browsers including Internet Explorer, Netscape, Mozilla, and Opera. The system does not use browser "plug-ins" or browser scripting. 22. Does your system meet all "accessibility" requirements mandated by the Americans With Disabilities Act in regards to access by disabled persons via IVR, Internet, kiosks, and over the counter transactions? The proposed TaxTalk system will be accessible via telephone, Internet, and kiosks. Access via telephone by the hearing-impaired can be accomplished with the assistance of Telecommunications Relay Service (711), thus meeting those "accessibility" requirements outlined within the American Section 8: Scope of Work 45 Sonant Corporation Response Fresno Tax RFP No. 208-3975 with Disabilities Act. The County will determine the location of the kiosk, which ultimately determines its accessibility to those in whe.elchairs, etc. 23. Where is the server that performs the processing located? If located at the Vendors' site, do you have a backup site? If so, where is it located? What other types of redundancy are in place to ensure a minimum of downtime? The proposed system utilizes servers located in the County's facilities. Third-party processors, located off-site, are used to process the credit and ACH payments. These processors service thousands of government and commercial payment sites and have extensive redundancy. 24. Give a complete description of what type of cookies or other modifications are left on the payee's computer after a transaction is complete. The web payment system does not download cookies, browser plug-ins, or scripts to the payee's computer. This enables the system be used from kiosks, government computers, or corporate computers with 'locked-down" security settings. 25. What types of communication links are used to connect with the Internet? Are backup circuits installed and operational? Are the backup lines with the same service provider as your primary circuits? We assume that this question applies to proposals that host the web payment system off-site. Sonant's proposal utilizes the County's Internet connections. 26. What access to the internal network will the COUNTY need to provide the Vendor? The IVR and EPS (payment system) server must be installed on the County's internal network. It should be able to support the following connections: a. Incoming HTTPS requests from the payment web server (located presumably in the County's DMZ network) b. Outgoing HTTPS requests to the off-site payment processors c. FTP to import mainframe data and export transaction files d. Remote support by Sonant is best provided using VPN access via the Internet 27. Where is the credit/debit card information stored and for how long? What methods are employed to ensure it is confidential? The EPS payment system stores all of its information in a relational database. As proposed, this database will be lnterBase installed on the same server as EPS. (EPS can be configured to use most other relational databases.) All private financial data, e.g. credit card numbers, expiration dates, checking RTN and account numbers, etc. are stored in encrypted form. The encryption is performed using commercially accepted algorithms. The transaction data is purged based on the retention time configured by the administrator. This time is typically set between 90 days and one year. 28. How will payment history be accessed, through the COUNTY mainframe or an online database? Will the IVRIWEB system store only payment information from day one of operation, or convert and maintain a history database and update utilizing a batch method, or perform real time queries against the COUNTY mainframe? From a technical perspective, we would recommend real-time queries to the mainframe. However, we understand that this may not be possible and are proposing an online database. As described above in question 19, we propose that payment data be exported from the mainframe into the Section 8: Scope of Work 46 Sonant Corporation Response Fresno Tax RFP No. 208-3975 system's local database. At a minimum, this data must include payment information for the current tax role. If desired, payment history from prior years can be imported during system installation. We assume that prior year payment data will be purged from the system based on a reasonable retention policy. 29. Will the ACTTC and COUNTY be able to maintain its branding and logos on the Internet sites to provide a seamless look to the user? From a technical perspective, we would recommend real-time queries to the mainframe. However, we understand that this may not be possible and are proposing an online database. As described above in question 19, we propose that payment data be exported from the mainframe into the system's local database. At a minimum, this data must include payment information for the current tax role. If desired, payment history from prior years can be imported during system installation. We assume that prior year payment data will be purged from the system based on a reasonable retention policy. 30. Please identify the hardware requirements needed to implement the property tax payment system. Sonant proposes to deliver a turn-key solution including all hardware and software required. The base TaxTalk system is implemented on a ClientCall4055 hardware platform and consists of the following items: • Telephony grade rack mount fault tolerant server platform with redundant cooling fans and hot-swappable redundant power supplies • Pentium IV processor • 512Mb RAM • RAIDS Hard Disk array with 4 drives, a RAID SCSI controller and a hot Spare Hard Disk on board. • Dual Ethernet Controllers • CDRWDrive • 3.5" floppy disk drive • Keyboard mouse and 15" color monitor or Rack mount hardware and slides for rack and KVM installations. • 12 port analog telephone network interface module • Single line data modem for access to the credit card network • Single line data modem for remote diagnostic and maintenance 31. Where is the server to be located that contains the centralized data store, and if not at the ACTTC location, how do you propose to move large volumes of data from ACTTC to your location and how frequently? The proposed system is to be installed at your ACTTC location. 32. Movement of Funds. 32.1. Provide a description of the movement of funds as a transaction is posted. The movement of funds depends on the type of transaction and particular financial institutions involved. The following descriptions are typical: Credit Card Transactions We assume that transactions will be processed using the County's merchant bank agreement. (This provides that lowest transaction cost and fastest availability of funds.) Typically, funds are deposited into the County's merchant bank account directly from the Section 8: Scope of Work 47 Sonant Corporation Response Fresno Tax RFP No. 208-3975 merchant bank five days after the transaction is settled. (Settlement is typically scheduled on a daily basis.) The merchant bank agreement will define the exact timeframe for the distribution of funds. Sonant interfaces to the credit card processing network to perform the transaction processing, but does not receive or distribute funds from the transactions. ACH (electronic check) Transactions ACH transactions are processed by the Federal Reserve's Automated Clearing House (ACH) and are subject to the Federal banking regulations. A simplified explanation of the ACH system is that transactions submitted to the ACH network require two consecutive banking days to clear. For example, if a payment is submitted on a Tuesday before the cutoff time, funds will be made available by the start of the banking day on Wednesday. The timeframe can be affected by the policies of the "originating" financial institution. Some banks, such as Bank of America, have interfaces that allow Sonant to submit daily batches of ACH transactions. The bank consolidates these transactions and originated them to the ACH network. We have assumed that your bank does not have an ACH interface and are proposing that we use a third-party processor to originate the transactions. The County will enter into a processing agreement with the third-party processor that is similar to a merchant bank agreement. 32.2. Please provide a complete list of all financial institutions and clearing houses that are involved in the movement of funds. Credit transactions are processed by the County's merchant bank. ACH transactions are originated by the third-party processor's originating bank. (There are several.) Funds flow from the receiver's bank (the taxpayer's bank) to the originating bank to the County's bank. No Sonant accounts are involved 32.3. Can the COUNTY select a financial institution to clear payments or is it necessary to use your provider? Yes, the County can select the merchant banking financial institution for credit transactions. As described in 31.1, your financial institution may be able to originate ACH transactions depending on their ability to accept transactions from Sonant's system. 32.4. Please provide a list of all the accounts the money will pass through or be deposited in. Please see responses to 31. 1 and 31.2. 32.5. Please provide the time intervals related to the transfer of funds in terms of the maximum number of days before the funds move from one entity to another (i.e. process flow for data, money and user traffic). As described above, timeframes are governed by the banking agreements between the County and their financial institutions. The maximum timeframe to complete an ACH transaction occurs when a banking holiday occurs on a Monday or Friday. For this case, a transaction originated on Thursday will clear on Tuesday. 32.6. Please provide details of reporting options for each option -IVR, Internet, over the counter credit card and kiosk. The payment system is designed to segregate transactions by transaction type. We would expect that we would configure your payment system such that each of the above sources of payments would have a unique transaction type. The reports show totals in various formats including transactions by transaction type. 33. Please answer the following questions on bank accounts: Section 8: Scope of Work 48 Sonant Corporation Response Fresno Tax RFP No. 208-3975 33.1. Is a separate account needed for different types of transactions (i.e. internet versus IVR versus over the counter versus kiosk)? No. The system is highly configurable. Each transaction type defines the details of how it is to be processed. All transaction types can be processed as a single batch with funds directed to a single account. The reports can be used lo show transactions by transaction type. 33.2. Does the credit card company retain the right to debit or credit our account for errors, improper payments or other adjustments? Your merchant bank agreement governs the terms for charge backs and credits. 33.3. How is the payment identified on the bank download? Is it a combined payment for all daily collections or is it identified by location and type? Payments are identified by transaction type. As described above, the system can be configured to assign a different transaction type to each source of payment. 33.4. If separate agencies' credit card/eCheck payments are being deposited through the system, can funds settle into the various agencies' bank accounts? Yes. EPS, the Sonant Electronic Payment System proposed, is suitable for a single department. Within the County's Tax department, payments can be settled to different accounts if needed. EPS can be easily upgraded to Enterprise EPS for support of multiple departments (agencies) across the County. The Enterprise version provides independent accounting for each department. 34. Please answer the following questions on payments: 34.1. On credit card, is the payment tracked by the individual cash register? Yes. Each source of payment, such as a counter terminal, can be configured with a unique transaction type. 34.2. Is the payment tracked by the type of transaction (i.e. IVR, internet and kiosk)? Yes. See response to 31.6. 34.3. Can your sysem add a date based penalty charge that was not uploaded from the Property Tax System? Yes. The system can accommodate custom fees and penalties. The County defines the business rules for applying the penalties and Sonant will implement the custom processing. 34.4. Is the wire/ACH amount a separate amount for each transaction type? Each ACH transaction is submitted individually and includes a unique transaction ID, transaction type, memo data (such as APN and installment) and amount. 34.5. What about payments recorded on weekends and holidays? What is the effective date? Is the system set up so that the programs know what to collect depending on the time/date? What if a customer starts a transaction on 11:59 p.m. December 10th? Does the transaction show payment on December 10th or on December 11th? Section 8: Scope of Work 49 Sonant Corporation Response Fresno Tax RFP No. 208-3975 The effective date of payments will be defined by the County's business rules. The effective time/date of a transaction can be assigned at various points, such as the start of the call, entry to the web payment page, start of transaction, or approval of the transaction. 34.6. What about federal bank holidays? Will the system process payments? The system accepts payments on a 24 by 7 basis. The processing of ACH payments is described above. See response to 31.5. 34.7. Are the payments segregated by location and type? Internet versus over the counter versus IVR? Yes. See response to 31.6. 34.8. How are refunds due to corrections handled? The County's financial staff log on to the EPS Data Manager, a web-based administration tool, to issue refunds. 34.9. What sort of receipt will taxpayers have for IVR, Internet and kiosk payments? Is the credit card number encrypted? The IVR system can provide an approval number to the caller. The Internet and kiosk user can print a receipt. The receipt conforms to current credit card association rules and shows only the last four digits of the credit card number. 34.10. Please explain how a payment made on the wrong bill would be reversed. The TaxTalk system is specifically designed to prevent a payment being made to the wrong bill. However, should such an event occur, a refund would be would be made as described in 34.8, and if required, a payment can be processed for the correct bill. 34.11. Is it possible for an individual to pay twice on the same bill producing a double payment; or for a tax service agency and ·a homeowner to pay on the same bill accidentally? If so, please explain in detail how the ACTIC would credit the doubled payment back to the taxpayer or taxing agency. It is not possible for duplicate payments to occur when both payment attempts are made using the system. Payments processed outside of the system, such as from check remittance processing, can be duplicated during the time window introduced by the mainframe batch processing. If the doubled payment was processed by the system, it can be refunded using the EPS Data Manager. 34.12. Can refunds be made directly back to the bill payer's originating debit/credit account number? Yes. 35. Please provide the following information on reports: 35.1. What reports are provided to the ACTTC, how often and what format? Sonant offers a wide array of reports that are generally run on a daily basis, however they can be run as often as needed. Normally they are available as printed reports, in rich text, or in comma-delimited format for use in importing into other applications. Call Activity Reports consist of two categories. Section 8: Scope of Work 50 Sonant Corporation Response Fresno Tax RFP No. 208-3975 ClientCall Script (CCS) Reports show call activity for the application, and ACD reports show call activity for the ACD Call Center. CCS reports generally are run daily and show hourly, and summarized totals for the day for all script events. These reports are customized to show the activity you need. ACD Reports are run daily as well. Report types include Agent Detail, Agent Summary, Call Detail, Call Summary, Group Detail, Group Summary, and Graphical Analysis reports. In addition to these daily reports, the system keeps a history of the data so that ad-hoc reports can be created for periods including weekly, monthly, or periodic summaries. Real time Graphical ACD reports are also available to AGO supervisors to monitor call center activity. This enables the call center supervisors to have the ability to control staffing requirements up to the minute. In addition to the call and ACD activity reports described above, the Electronic Payment System provides a wide variety of reports. The following are examples of reports that can be produced by the proposed web-based EPS Manager: 1. Single Transaction Report. 2. Transactions report by transaction summary: All transactions, accepted, declined, etc. 3. Batch reports 4. Ad hoc transaction and batch reports based on search parameters: date range, transaction type, merchant, department, etc .. 5. Custom reports based on customer requirements. 6. EPS usage report: statistics. 7. EPS Manager User audit report. 35.2. Does the company provide a link-up for downloading information I reports? Yes, in addition, since the proposed Sonant system will be onsite, reports can be set up to be generated automatically with no interaction from ACTTC staff, or run manually. 35.3. Who is responsible for daily summaries? The system will automatically create daily summaries. In addition the system creates a history so that you can get summarized periodic reports as well. 35.4. Will the COUNTY have the ability to perform ad-hoc reports/queries and generate custom statistics? Yes, The Call Center Report Manager tools enable ACTTC to create ad hoc reports on demand. If preferred, the data can also be exported to other report generation application tools such as Access, or Crystal reports for custom reporting. Private data, such as credit card numbers, can be unencrypted only by the EPS Server and is not available for ad-hoc queries. 36. Security. 36.1. What type of security and/or encryption is in place to allow for a secure transaction? All data is transferred between computers and the third-party processors during transaction processing using the HTTPS protocol to provide both encryption and authentication. (It is assumed Section 8: Scope of Work 51 Sonant Corporation Response Fresno Tax RFP No. 208-3975 that the County's web server will contain a trusted certificate that can be used by the payment web pages.) (Exception: If credit cards are processed using a dial-up link, the credit card data is not encrypted. Sonant recommends using a processor such as Vital that offer HTTPS processing for greater speed and security.) 36.2. Please provide explanation of data security measures, including security to prevent credit card fraud, credit card theft and data corruption. Also provide details of plans to provide web security, including firewalls. Database storage of the private portions of each transaction, such as credit card numbers and ACH account numbers, are encrypted using RC4, a widely accepted encryption standard. The decryption keys for this data are in encrypted form in the Windows Cryptography Provider database. This ensures that only the EPS Server can decrypt private financial data. EPS user accounts control which users have access to private data. 36.3. What type of fraud guarantees and protection are in place for the consumer? These issues are governed by Federal Banking Regulation "E" and the consumer's agreements with their issuing credit card and checking account bank. 36.4. Who has liability if someone uses a stolen credit card or ABA/account number to make a payment? Liability is governed by the terms of the County's agreements with your merchant bank and ACH originating bank. 36.5. How do you plan to impart to the public that the payment method they have chosen (Internet, IVR or kiosk) is safe and secure? Internet and kiosk transactions occur using HTTPS and trusted certificates. FAQs describing payment information handling and the logo of your certificate provider may be included on the web pages to promote trust with the public. The IVR system can include messages as required by the County. 37. Training and Support. 37.1. How much training will be required and how will it be handled? The amount of time depends on the number of Agents and Administrators that need to be trained. Typically Agent training takes 2 hours per session and Supervisors take up to 4 hours per session with up to 6 agents/supervisors in a given session. System administrators receive 3 to 4 hours of training on how to manage the system including variable maintenance, Report generation and printing, applying patches, and startup and shutdown issues. Overall training typically takes 2 to 3 days and is done while Sonant is on site as part of the installation process. In addition to the normal training of users and administrators, Sonant offers a three-day course for Sonant's AGE (Application Generator Environment) software. This course is designed for administrators who wish to make application changes without Sonant's assistance. This course is offered in San Diego, or can be customized and brought to a customer site if enough people from that location are registered. 37.2. Which issues will be handled by the Vendor and which by the ACTTC? Section 8: Scope of Work 52 Sonant Corporation Response Fresno Tax RFP No. 20S.39'75 After installation is completed, ACTTC will be responsible for notifying Sonant of Errors. Sonant will correct these errors based on contracted terms. 37.3. What support mechanisms are in place? In the event the system is "down," what are Vendor's solutions and what is the timetable for providing support? For the first year, Sonant's standard One Year Warranty covers the Clientcan system. This plan may be uplifted to the Enhance plan for an additional fee. During this period ACTTC will have access to email and telephone support via Sonant's response hotline. Response time is typically less than 30 minutes. In the event of a hardware failure, replacement parts are provided on a next day basis enabling the system to be repaired quickly. In addition many of the components already have failsafe components on board, such as hot spares for hard disk drives, redundant power supplies, and cooling fans. All Sonant software modules are updated as part of the warranty or continuing service plans. If the Standard and Enhanced service plans offered in Table 37.3 below do not meet your requirements, Sonant will be happy to create a custom plan specific to your needs. Section 8: Scope of Work 53 Sonant Corporation Response Fresno Tax RFP No. 208-3975 ~·: ·~:1 ·~ ;_~:~,~{iil1~~1!~f~i,;~':t ·.~-« M 'ji( ~~/~ ~11~.,.,}-~A~~\:, ·.fri~ffi~~-f~-~~.,:..-.~ t:~ litt~!\' .. ! l ~~, .. ~··-?.11r,:-: ":;-Yl~'1!~'~r~} .~fj'""-.1:~"~. Jtt'/::. &i .,,.....__ ' ---~----· ._ .. ~ ::;;:.; ''•-... ·-., __ .. =-~~~---· ........ . .. l ~~·' -'"'-~• -·----'. - Warranty Service Plan Phone support available M-F 5 (included with standard a.m. - 5 p.m. PT., except holidays. No charge for first year. warranty at no charge) Typical telephone response is • Monday-Friday within 30 minutes. Next day 5:OOAM-5:00PM replacements. Easily replaceable PT hardware units are sent to your site • Next day to arrive the next day in exchange replacements for failed components. • Dispatch to on-site if not resolved in two working days • Software updates Standard Service Plan The Standard Service Plan is a 15% • Mon.-Fri., 5 a.m.-5 continuation of the Warranty plan. of hardware and p.m. PT phone Phone support available M-F 5 system/application support a.m. - 5 p.m. PT., except holidays. software in 2nd year • Next day Typical telephone response is replacements within 30 minutes. Next day • Dispatch to on-site replacements. Easily replaceable if not resolved in hardware units are sent to your site two working days to arrive the next day in exchange • Software updates for failed components. Enhanced Service Plan Phone support increased from • 24/7 phone support above to 24/7, plus same next day • Next day replacement as above, and same 19% replacements on-site support as above. of hardware and • Dispatch to on-site system/application if not resolved in 2 software in 2nd year. working days • Software updates Table 37.3 37.4. Do you offer a guarantee of support and that problems will be resolved within a certain time? Please describe in detail any systems assurance plans or service level agreements that the COUNTY may participate in. Sonant will provide support for the first year following system installation. During contract hours, calls are normally answered right away. If all support analysts are on another call, you are encouraged to leave a message and your call will be returned, by a support specialist, within 30 minutes. Following Section 8: Scope of Work 54 Sonant Corporation Response Fresno Tax RFP No. 208-3975 the first year, ACTIC may purchase any of the Maintenance plans offered by sonant. Please see Table 37.3 for details. If the Standard and Enhanced service plans offered in Table 37.3 do not meet your requirements, Sonant will be happy to create a custom plan specific to your needs. See Appendix 1 for details of Sonanfs Standard service plan 37.5. Should the Vendor fail to resolve an issue within the service level, what recourse does the COUNTY have? Should Sonant fail to resolve an issue within the service level, the County may exercise those rights outlined in the' Equipment Warranty', the "Software Warranty', the "Product Maintenance and Support Agreement", and/or the "Standard Terms and Conditions". 37.6. Will the taxpayer contact your company for support or the ACTIC? The taxpayer would contact ACTIC for support. ACTIC will be provided with detailed guidelines to enable them to answer any questions posed by a taxpayer. Should ACTTC be unable to resolve a taxpayer question related to the use of the TaxTalk system, ACTIC should contact Sonant for additional assistance. 37.7. How will the ACTIC contact your company for support? ACTIC should contact Sonant via a toll-free hotline for all urgent customer support requests. Non- urgent requests may be made to the hotline, or via email to support@sonant.com 38. Fees and Estimated Transactions. 38.1. Please estimate your convenience fee surcharge. Is it a flat fee or is there a sliding scale? Sonant is proposing system configurations that will provide great flexibility to the ACTIC in its choice of a convenience fee charged to the public for a payment transaction. Sonant proposes that the County utilize its own merchant account contract with a credit card processing network. This will provide ACTTC with the best control of the services offered to the taxpayers, and the associated transaction processing fees. These fees typically run in the range of 2- 2.5% of the dollar amount of the payment. Sonant proposes that ACTTC use ACT Direct, Inc. to process all electronic check payments. Sonant is a member of ACH Direct's Certified Solution Provider Program, and as such is a reseller of ACH Direct's electronic check processing services. Please see the Cost Proposal of the proposal for the fees associated with this service. A number of components make up the convenience fee that ACTIC will want to charge for an on-line tax payment. The components of the convenience fee will be the following: • The on-line payment processing fee. This fee will depend on whether the payment is made by credit card or electronic check. The amount of this fee is discussed above. • The IVR/WEB system initial costs amortized over the estimated number of payment transactions during the estimated life of the system. • The IVR/WEB system on-going support and maintenance (or rental/service) annual contract cost divided by the estimated number of payment transactions during the year. Section 8: Scope of Work 55 Sonant Corporation Response Fresno Tax RFP No. 208-3975 • The County/ACTCC annual operating labor and expenses cost divided by the estimated number of payment transactions during the year. Since the cost components cited above will vary depending a number of factors that are yet to be determined, it is not possible for Sonant to estimate a convenience fee at this time. 38.2. While the Tax Collector needs to charge a convenience fee surcharge, other COUNTY departments or other jurisdictions may not want to change a convenience fee surcharge. Can your system handle both types of transactions? Yes. Each transaction type determines its fees independently. 38.3. How will any additional usage or convenience fee be disclosed to the customer? For the IVR, it will be voiced to the caller before he/she is asked to proceed with the processing of the request. For the IWR, the information is displayed on the Payment page on which the user requests to proceed. 39. Privacy requirements. 39.1. Vendors will provide taxpayers with details on what specific information will be collected from the taxpayer, what will be saved, where it will be saved and how it will be used. Please note the Vendor will be required to disclose to the user in a clear and concise manner why data is collected from him or her, how the data will be used and how long the information will be stored. This statement must address cookies, IP address collection and usage tracking. Sonant will work with the County to determine all information gathered by the system. Sonant does not gather any information from payees other than that required to process the transaction. The system does not utilize cookies and typically does not collect IP addresses. 39.2. The Vendor will collect only data that is specifically required for accurate processing of payments. Agreed. See response to 39.1. 39.3. No personally identifiable data will be stored for longer than the session in which the transaction takes place. Agreed. See response to 39.1. 39.4. No personally identifiable data will be shared with any third party, other than as required to complete the transaction for which the taxpayer visits the site. Agreed. See response to 39.1. 39.5. Non-identifiable (demographic) data can be collected and stored, but such data must be completely protected and anonymous. Agreed. See response to 39.1. Section 8: Scope of Work 56 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Cost of Proposal Sonant proposes two options for the system configuration and two pricing options for each of those system configurations. Both system configurations assume an on-site installation and operation of the system. Each system configuration option is priced as either an upfront capital purchase with an annual maintenance contract after expiration of warranty, or a rental/service contract with a nominal configuration/installation fee and a monthly rental/service fee thereafter that includes full maintenance support for the duration of the contract. System Configuration Option 1 A turn-key system solution that includes IVR, Web, and Electronic Payment fully integrated into a single server platform and based on Sonant's proven TaxTalk application software. For this configuration Sonant proposes that the County utilize its existing merchant account with Nova for credit card processing utilizing the payment processing fee structure in that contract. As a Reseller, Sonant offers the services of ACH Direct for eCheck processing. The fee for this service is a fixed amount per eCheck transaction. S.ystem Configuration Option 2 The same configuration as Option 1 without the Electronic Payment function. This configuration is assumed to interface to an electronic payment function provided by another party. In responding to the request for a five-year total cost, Sonant has assumed that the annual escalation for support and rental/services will be 3% per year, and that no enhancements, options or upgrades are implemented. Section 9: Cost of Proposal 57 Sonant Corporation Response Fresno Tax RFP No. 208-3975 System Configuration Option 1A-System Purchase :;'";'JP1~f6.l~~v, ··,(;:'~frl-~t\ <;.~ (V· ,!. ·.~~ ~ •• :·.~,.;~1-~'jD(-v:::r~r~n"8Jt;;1iif '·· .. ····, ·'·, -;~_', ~~-1--~ . :{U-!ij~';·'~-i;·!~'-i:~·J·rttl~' .:: ~l~:~!~~~~l;j\~~~~::tj::~-~~~~~.:;il1!~.f~;~~t~;~j>:.:~C: ~/r~:J;:.~::~-,: ~~ :;_;~ ,: . ·~·: /.~-~ ,.·: ,~.';.~lt~-~ ~;~~~[/,;,:!!; -;~~~~ --~~ Product Hardware 1 CC4055-PL01 ClientCall 4055 Rack Mount Server $10,220 $10,220 Platform, including 8u Chassis, RAIDS 5-disk hot swap hard drive array, and redundant fans and hot swap power supplies 1 CC4000-12AP 12 Port Analog Telephone Trunk or Station $3,700 $3,700 Interface Product Hardware Subtotal $13,920* Product Software 1 CC4000-AGE CllentCall AGE Software License, includes $4,165 $4,165 Application Generation Environment for IVR, audiotext, and auto-attendant, CTI software, and basic ACD, oer olatform. 8 CC4000-KEY IVR Port License, includes ClientCall Trunk-$170 $1,360 side Port License for DTMF Enalish, oer oort 1 CC4000-TTSB Text-To-Speech Base Software License, per $1,800 $1,800 olatform 1 CC4000-ACDSL ACD/InfoLock System Software License for $6,375 $6,375 up to 6 seats, including inbound calling, report generator, and CTI screen pops of lnfolock Window to aoents' PCs 1 CC4000-HI1 TN3270 Host Interface Software License $3,400 $3,400 1 CC4000-CTASL ClientCall TaxTalk Application Software $6,000 $6,000 License 1 CC4000-EPSL Electronic Payment Processing Software $6,800 $6,800 License for first portal (teleohone or web) 1 CC4000-EPSL 1 Electronic Payment Processing Software $3,400 $3,400 License for second aortal (telephone or web) Product Software Subtotal $33,300* Ap_gJicatlon Software Develop_ment 1 CC4000-ASD Application Software Development for $14,700 $14,700 TaxTalk IVR, including: specification, programming, documentation, customizalion, and test 1 CC4000-ASD Application Software Development for $15,200 $15,200 TaxTalk IWR, including: web specification, programming, documentation, customization, and test Application Software Development $29,900 Subtotal Sup_gort Services 1 CC4000-SCO System Configuration and Delivery for IVR $9,750 $9,750 including: system specification and configuration, project management, documentation, professional voice recordings, and factorv inteciration and test Section 9: Cost of Proposal 58 Sonant Corporation Response Annual Standard Level System Maintenance for 2"0 year (following of Five Year Total Cost Fresno Tax RFP No. 208-3975 $4,400 The total cost over five years for this system configuration and purchase method is estimated to be $151,684 System Configuration Option 1 8 with Rental/Service Contract Initial Configuration/Installation Fee Quarterly (three month) Rental/Service fee $22,450 $9,465 A minimum of a one (1) year contract is required. Payment of the Initial Configuration/Installation fee and first Quarter Rental/Service fee is due upon the installation of the system. Quarterly fees are due at the beginning of each quarter. Five Year Total Cost The total cost over five years for this system configuration and purchase method is estimated to be $211,750 Section 9: Cost of Proposal 59 Sonant Corporation Response Fresno Tax RFP No. 208-3975 System Configuration Option 2A -System Purchase p, j if)ilF-fl"' :• r ': '" r:;;·-;. r·' ··:r~t .. ,.,. l {... .· 1 ! • t'-~ .. fi'[•~. :.,~'-·-·1 H(''l -~ ' • . ". ~ -~ .-..• ;1 ~' )I,.'~ tU~IIir(' ,-.. ' < •• F-i(b-Jf!>l~~r lL~~rt~.~~ ;J:.~t~ ~-~;~~~~~~~;!;~J:~~~-~ ;i-.~~-~~ t ~~;:;; 1~:~·::~~~:_1 ~-~~~ ~~~~:~~~~~ L· ~: .. ~:_.-~~~:;(.: -~: r. · -~-~-~\<i:_{~I ~-~~~~-: :t~~if~~;;~; Product Hardware 1 CC4055-PL01 ClientCall 4055 Rack Mount Server $10,220 $10,220 Platform, including 8u Chassis, RAIDS 5-disk hot swap hard drive array, and redundant fans and hot swao cower suoolies 1 CC4000-12AP 12 Port Analog Telephone Trunk or Station $3,700 $3,700 Interface Product Hardware Subtotal $13,920* Product Software 1 CC4000-AGE ClientCall AGE Software License, includes $4,165 $4,165 Application Generation Environment for IVR, audiotex1, and auto-attendan~ CTi software, and basic ACD, oer olatform. 8 CC4000-KEY IVR Port License, includes ClientCall Trunk-$170 $1,360 side Port License for DTMF Enolish, per port 1 CC4000-TTSB Text-To-Speech Base Software License, per $1,800 $1,800 olatform 1 CC4000-ACD/InfoLock System Software License for $6,375 $6,375 ACDSL up to 6 seats, including inbound calling, report generator, and CTi screen pops of lnfoLock Window to aoents' PCs 1 CC4000-HI1 TN3270 Host Interface Software License $3,400 $3,400 1 CC4000-ClientCall TaxTalk Application Software $6,000 $6,000 CTASL License Product Software Subtotal $23,100* Aeelicatlon Software Deve/oement 1 CC4000-ASD Application Software Development for $12,800 $12,800 TaxTalk IVR, including: specification, programming, documentation, customization, and test 1 CC4000-ASD Application Software Development for $13,300 $13,300 TaxTalk IWR, including: web specification, programming, documentation, customization, and test Application Software Development $26,100 Subtotal Sueeort Services 1 CC4000-SCD System Configuration and Delivery for IVR $8,800 $8,800 including: system specification and configuration, project management, documentation, professional voice recordings, and factorv inteoration and test 1 CC4000-SCD System Configuration and Delivery for $5,200 $5,200 WEB including: system specification and configuration, project management, documentation, web oaoe desion, and factorv Section 9: Cost of Proposal 60 Sonant Corporation Response Fresno Tax RFP No. 208-3975 integration and test 1 CC41NSTALL-Onsite system Installation, testing, and $4,050 $4,050 us System Administrator traininq 1 MISC Total Misc. Travel Expenses $2,000 $2,000 1 CC4M-BW One Year Warranty Service Plan Included Included Support Services Subtotal $20,050 Svstem Total $83,170 CA Sales Tax-7.875% of Product $2,915 Total Price: $86,085 Annual Standard Level System $9,468 Maintenance for 2"d year(following expiration of warranty). *Taxable Five Year Total Cost The total cost over five years for this system configuration and purchase method is estimated to be $125,696 System Configuration Option 28 with Rental/Service Contract Initial Configuration/Installation fee Quarterly !three month! Rental/Service fee $20,050 $7,747 A minimum of a one (1) year contract is required. Payment of the Initial Configuration/Installation fee and first Quarter Rental/Service fee is due upon the installation of the system. Quarterly fees are due at the beginning of each quarter. Five Year Total Cost The total cost over five years for this system configuration and purchase method is estimated to be $174,990 Section 9: Cost of Proposal 61 Sonant Corporation Response Fresno Tax RFP No. 206-3975 Additional Components Pricing for System Options/Expansion/Upgrade ~ ('J ~ ;;•J!.. ~ ·,t·RI\, :·-:: r>''' ~ • .: ~-;. "i'1 ··.~,:}~' ... · ·•,, ~,:~; • •• tlJt,.;.l.;;j.>-, (Cot [:f_,,,' : ,• , • '"•• ' • •,· J1 1l r •• '] • :. 1 ,~l'~-'l •'. i;! '(!~·•·""~t•~o .. ""'f"::.Tr:"'r~ '''"~'•"'!'•'" ., . .,.,,..,,n·~ .. ,._,.~ .• -,._.._-_ _..1 -.'".,!'-''· ~; • ~l' !''·\~ 'I -..' 7,.-~<-i' ' r-. ~1 .. ' ',:''. ::. '~· ~.:'!i G' ·~-~--~-.. 'l"· <, ~ ~--~ I'\~' -.. ;~-1'"'1., ... '-1'""..:; ·---~~ " --t: f '•t?.o. :. '-=t· ·:·I·'-... > ~:;-·-... ~!.. • • . :.;:, ,~''• •• •·JI •••• t;• "'.:... '-:,;•;;'-'h!J !''{~•.ol:".~~'·i<'',• -:~.; '/"t'' i ,, ~!...,~/.,~'.-"~ :•-t., -~-:0~;,. .. 11,_;.;;;,_),.',,.., ••• ~ ,__ ~:~--,~ ::.': '•"'"' l C Y ), ~"<<>' ••• • --0,3,"-'' ''-> '\ .• "-• ··•'-' '• ~ ..!''l'n~o '-'"' • • • 1 CC4000-ACDSL 1 ACD Additional Agent Seat Software $550 $550* license, per seat 1 CC4000-24DP 24 Port Digital T-1 Telephone Interface $5,700 $5,700* 1 CC4000-Q4AP 4 Port Analog Telephone Interface $1,650 $1,650* 1 CC4000-12AP 12 Port Analog Telephone Interface $3,700 $3,700* B CC4000-ASR Speech Recognition Port License, includes $800 $6,400* Speech Recognition in English, with broad Yes/No, digits, plus numbers, date, time, currency, and full vocabulary for TaxTalk application, per port .. 1 CC4000-UPS2 Uninterruptible Power Supply (UPS), 1500 $1,950 $1,950* Volt Amps 1 CC4000-ER01 Equipment Rack, open frame $1,900 $1,900* 1 CC4000-KVMS Rack Mounted KVM Switch (for sharing $1,500 $1,500* monitor, keyboard, and mouse with multiple servers) 'Taxable '*No additional application development costs apply if speech recognition option is implemented for the initiaiiVR application development Kiosks Sonant offers a variety of complete, free standing, Kiosks in various configurations. Prices range from $3,000 to $5,000 depending on the following specifications: • Monitor size -15" to 21" • Data entry device -Keyboard trackball or touch screen • ADA requirements • Level of vandal proofing • Floor space envelop • Exterior finish Sonant would be happy to quote a particular Kiosk that would meet ACTTC specifications, or recommend a vendor where ACTTC could purchase a Kiosk directly. Electronic Check Processing Services Sonant offers on-line electronic check processing services from ACH Direct, Inc. This service is fully integrated wilh the proposed Electronic Payment Server (EPS) in Option 1 above. The price for this service is a flat fee of $0.30 per transaction. Section 9: Cost of Proposal 62 Sonant Corporation Response Appendix 1: Sample Contract Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 Sonant Corporation SAMPLE CONTRACTOR AGREEMENT THIS AGREEMENT is made and entered into this __ day of:-:-:-:-:-::--::::-:::-=::==~-=---;;:::-::-· by and between and SONANT CORPORATION (Tax ID No. 33-0555739) ("Contractor''.) Appendix 1: Sample Contract 63 Sonant Corporation Response 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. SAMPLE CONTRACT TABLE OF CONTENTS Term of the Contract Services to be Performed Consideration Authorized Representatives Nondiscrimination Conflict of Interest Default Amendments, Modifications and Waivers Extensions Captions Simultaneous Counterparts Notice Billing and Payment Contractual Terms and Condition Insurance Prior Agreements Complete Agreement Scope of Work Preliminary Project Schedule Pricing and Billing Schedule General Terms and Conditions Software License Agreement Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 Exhibit F. Standard System Service Maintenance and Support Agreement Appendix 1: Sample Contract 64 Sonant Corporation Response W I T N E S S E T H: Fresno Tax RFP No. 2.08-3975 Sample Contract Rev 3 7/15/04 In consideration of the mutual promises set out below Contractor and Customer agree as follows: 1. Term of the Contract 1.1 The period of this Agreement shall commence on and shall be for a period of:-c-::-::-=-:--:------'or this Agreement is terminated pursuant to Paragraph 13 in Exhibit D hereof. 2. Services to be Performed 2.1 Contractor shall provide an -,-.,-.,..,,---,--,-:-,-,-:::-----=---:--::-- System for the Customer, and the scope of Contractor's duties shall include those specific duties and responsibilities as set forth in Exhibits A and B, attached and incorporated into this Agreement as if fully set forth. 2.2 Contractor shall maintain books, records, files, documents and other evidence directly pertinent to all work under this Agreement in accordance with accepted professional practice and accounting procedures for a minimum of four (4) years after the termination of the Agreement. Customer, or any of its duly authorized representatives, shall have access to such books, records, files, documents and other evidence for purposes of inspection, evaluation, audit or copying. 2.3 Services and work provided by Contractor at the Customer's request under this Agreement will be performed in a timely manner, consistent with the requirements and standards established by applicable federal, state and County laws, ordinances, regulations and resolutions, including, but not limited to, a manner in accordance with the standards and obligations of Contractors profession. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for the satisfactory performance of Contractors obligations. 2.4 Contractor shall provide Customer with timely advice of all significant developments arising during performance of its services hereunder, orally or in writing, as Contractor deems appropriate. 2.5 Contractor specifically warrants that Contractor possesses all necessary and required licenses, permits and/or privileges necessary to perform the duties, responsibilities and services contracted for herein. 3. Consideration 3.1 The amount of compensation and the payment schedule for such compensation shall be· as specified in Exhibit C, attached and incorporated into this Agreement as if fully set forth. 3.2 Any special or unique conditions which may result in Customer withholding of consideration are set forth in Exhibit C. 4. Authorized Representatives 4.1 , or designee, is the representative of the Customer and will administer this Agreement for the Customer. Appendix 1: Sample Contract 65 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 Charles Smith, President/CEO, or his designee, is the authorized representative for Contractor. Changes in designated representatives shall occur only by advance thirty (30) day written notice to the other party. 4.2 This Agreement shall bind the successors of Customer and Contractor in the same manner as if they were expressly named. Waiver by either party of any default, breach, or condition precedent shall not be construed as a waiver of any other default, breach, or condition precedent, or any other right hereunder. 5. Nondiscrimination 5.1 Contractor and/or any permitted subcontractor, shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, medical condition, marital status, sex, sexual orientation, age or condttion of disability. Contractor and/or any permitted subcontractor understands and agrees that Contractor and/or any permitted subcontractor is bound by and will comply with the nondiscrimination mandates of all Federal, State and local statutes, regulations and ordinances. 6. Conflict of Interest 6.1 Contractor agrees at all times in performance of this Agreement to comply with the all laws of the United States, the State of California and all local ordinances regarding conflicts of interest, including, but not limited to, Article 4 of Chapter 1, Division 4, Title 1 of the California Government Code, commencing with Section 1090, and Chapter 7 of Title 9 of said Code, commencing with Section 87100, including regulations promulgated by the California Fair Political Practices Commission. 6.2 If any actual or potential conflict of interest arises during the term of this Agreement, Contractor shall promptly notify Customer of such conflict or potential conflict of interest so that the Customer may determine whether to terminate this Agreement. 6.3 Without limitation of the covenant in paragraph 6.2, Contractor is hereby admonished that these statutes, regulations and laws include, but are not limited to, a prohibition against any public officer, including Contractor for this purpose, from making any decision on behalf of Customer in which such officer has a direct or indirect financial interest. A violation occurs if the public officer influences or participates in any Customer decision which has the potential to confer any pecuniary benefit on Contractor any business firm in which Contractor has any interest of any type, with certain narrow exceptions. 7. Default 7.1 Upon the occurrence of any default of the provisions of this Agreement, a party shall give written notice of said default to the party in default. If the party in default does not correct the default within ten ( 1 0) days of the date of notice, then such party shall be in default. The time to correct may be extended in the discretion of the party giving notice. Any extension of time to correct must be in writing, prepared by the party in default for signature by the party giving notice and must specify the reason(s) for the extension and the date in which the extension of time to correct expires. 7.2 Notice given under this section shall specify the alleged default and the applicable Agreement provision and shall demand that the party in default perform the provisions of this Agreement within the applicable period of time. No such notice shall be deemed a termination of this Agreement unless the party giving notice so elects in this notice, or the party giving notice so elects in a subsequent written notice after the time to cure has expired. Appendix 1: Sample Contract 66 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 7.3 Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party as described in Paragraph 11.0 in Exhibit D. 8. Amendments. Modifications and Waivens 8.1 No amendment, modification or waiver of any provisions of this Agreement or its attachments shall be effective except by mutual agreement in writing, signed by all parties, and only for only for the period and on the conditions given. 9. Extensions 9.1 If authorized and approved by the Customer and the Contractor, the term of this Agreement may be extended for a time period specified in a request for extension from either the Customer or Contractor to the other party. 10. Captions 10.1 The captions of this Agreement are for reference convenience only and are not intended to explain, modify, amplify or aid in the interpretation, construction or meaning of the Agreement provisions. 11. Simultaneous Counterparts 11.1 This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument 12. Notice 12.1 All notices and demands of any kind which either party may require or desire to serve on the other in connection with this Agreement must be served in writing either by personal service or by registered or certified mail, return receipt requested, and shall be deposited in the United States Mail, with postage thereon fully prepaid, and addressed to the party so to be served as follows: If to Customer: If to Contractor: Charles Smith President/CEO Sonant Corporation 41 05 Sorrento Valley Blvd. San Diego, CA 92121 858/623-8180, X-218 12.2 Each party shall provide the other with telephone and written notice of any change of address as soon as practicable. Appendix 1: Sample Contract 67 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 12.3 Notices given by personal delivery or acknowledged shall be effective immediately. 13. Billing and Payment 13.1 Invoices shall be submitted upon completion of services, directly to----- or designee, for review and approval at the following address: Invoices shall be submitted upon completion of payment milestones in Exhibit B, and Customer shall pay Contractor within thirty (30) days after receipt of an appropriate and correct invoice. In the event Contractor fails to comply with any provisions of this Agreement, Customer may withhold payment until such non-compliance has been corrected. All billings are presumed to be accurate and fully payable in net thirty (30) days, unless disputed by the Customer within ten ( 1 0) business days of Customer's receipt of invoice. Payments are to be submitted as follows: Sonant Corporation 4105 Sorrento Valley Blvd San Diego, CA 92121 13.2 Payment Terms: as defined in Exhibit C. 14. Contractual Terms and Conditions 14.1 The following Exhibits are incorporated by reference and shall constitute a part of this Contract: Exhibit "D" Sonant Corporation General Contract Terms and Conditions For the Acquisition of Hardware, Software, System Design and Implementation Exhibit "E" Sonant Corporation Software License Agreement Exhibit "F" Sonant Corporation Maintenance & Support Agreement Standard System Service 15. Insurance 15.1 Contractor will maintain proper Worker's Compensation and General Liability Insurance for the duration of this contract. Certification of such coverage will be provided upon request. 16. Prior Agreements 16.1 All Agreements, regarding this subject matter between Customer and Contractor, prior to the beginning date of this Agreement, are hereby terminated. 17. Complete Agreement 17.1 This Agreement, together with its specific references, exhibits and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties to this Agreement. Unless otherwise stated in this Agreement, neither party shall be liable for any express or implied representations made. The parties Appendix 1: Sample Contract 68 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 intend this Agreement to supersede any prior agreements, discussions, commitments, representations written or oral, between the parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. APPROVED BY Customer: By: __________ _ Contractor: By: _________ _ Charles W. Smith President/CEO Federal Tax 1.0.#: 33-0555739 Telephone No: (858) 623-8180 extension 218 Appendix 1: Sample Contract 69 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 EXHIBITS TO PROFESSIONAL SERVICES AGREEMENT FOR SONANT CORPORATION EXHIBIT A SCOPE OF WORK Appendix 1: Sample Contract 70 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 EXHIBITS TO PROFESSIONAL SERVICES AGREEMENT FOR SONANT CORPORATION EXHIBIT B PRELIMINARY PROJECT SCHEDULE Appendix 1: Sample Contract 71 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 EXHIBITS TO PROFESSIONAL SERVICES AGREEMENT FOR SONANT CORPORATION EXHIBIT C PRICING and BILLING SCHEDULE Pricing Schedule Billing Schedule Appendix 1: Sample Contract 72 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 EXHIBITS TO PROFESSIONAL SERVICES AGREEMENT FOR SONANT CORPORATION EXHIBIT D GENERAL CONTRACT TERMS AND CONDITIONS FOR THE ACQUISITION OF HARDWARE, SOFTWARE, SYSTEM DESIGN AND IMPLEMENTATION 1.0 DEFINITIONS 1.1 "Contracr means the written agreement between Customer and Vendor for the acquisition of the equipment, hardware, software and/or services described therein, to which these terms and conditions are attached as an Exhibit. 1.2 "Customer" means---------------- 1.3 "Documentation" means any and all operator and user manuals, training materials, CO-ROMs, guides, media, commentary, listings, and other published and released materials for use in conjunction with the Hardware and Licensed Software which are to be supplied by Vendor to Customer. 1.4 "Functional Specifications" means the functionality requirements as described in this Contract. 1.5 "Hardware" and "Equipmenr means all materials, excluding software and documentation, provided by Vendor for the operation of the System. 1.6 "Installation" means the process Vendor performs to make the System and System Components available for Customer's use, testing and training. 1.7 "Licensed Software" means individually each, and collectively all, of the computer programs or modules provided by Vendor under the Contract, and identified in Vendor's System License Agreement, including as to each program or module: The processes and routines used in the processing of data, the object code, tapes, disks, documentation, corrections, updates, enhancements, improvements, releases and versions to such programs or modules as may generally be made available by Vendor, and any and all programs or modules provided by Vendor in the future under this Contract pursuant to the mutual written agreement of the parties. 1.8 "Premises" means the site or location identified in the Contract for delivery and/or installation of the products and/or performance of the services to be furnished by Vendor pursuant to this Contract. 1.9 "System" means the functionally integrated operation of the Hardware, Licensed Software and all interfaces with databases, which enables System users to communicate between and among one another and to access and input information to, from, or between, database(s), Hardware, Licensed Software or any portion thereof, all in accordance with the Specifications. 1.10 "User(s)" means any individual or entity authorized by Customer to use the System or a System Component under this Contract, including but not limited to, Customer and/or Customer and their employees, agents, consultants and subcontractors. Appendix 1: Sample Contract 73 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 1. 11 "Vendor'' means the person, firm or entity that has entered into a Contract with Customer to provide the equipment, hardware, software and/or services described therein and for which these terms and conditions apply. 2.0 INDEMNIFICATION 2.1 Patent/Copyright Infringement Vendor agrees to defend, indemnify and hold harmless Customer, its Users, directors, officers, agents, employees, consultants, members, subsidiaries, joint venture partners, Customers, and predecessors and successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost or expense, including, without limitation, attorneys' fees, as provided herein, arising out of any claim that the System or System Components or any part of them, infringes upon or otherwise violates any copyright, trade secret, trademark, service mark, patent, invention, proprietary information, or other rights of any third party, or that Customer's use of the System otherwise violates this Section [collectively referred to for purposes of this Section as "Infringement Claims(s)", by paying all amounts that a Customer finally awards or that Vendor agrees to in settlement of such Infringement Claim(s), as well as any and all expenses or charges arising from such Infringement Claim(s), including attorneys' fees, as they are incurred by Customer or any other party indemnified under this Section. Customer also agrees that, if the operation of the System or System Components, or any part of them, becomes, or in Vendor's opinion is likely to become, the subject of an Infringement Claim(s), Customer will permit Vendor, at Vendor's option and expense for all associated costs, either to procure the right for Customer to continue to use the System or affected System Component, or part thereof, or to replace or modify the System or System Component with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification does not cause the System or System Component, or any part thereof, to fail to comply with any of the requirements of this Contract, including but not limited to, all functionality, technical specifications and performance warranties. In the event Customer's ongoing use of the System or System Components, or any part of them, is the subject of any act by a third party arising from an Infringement Claim that would preclude or impair Customer's use of the System or System Component (e.g., injunctive relief), or if Customer's continued use of the System or System Component may subject it to punitive damages or statutory penalties, Customer shall give written notice to Vendor of such fact(s). Upon notice of such facts, Vendor shall procure the right for Customer to continue to use the System or affected System Component, or part thereof, or replace or modify the System or System Component(s) with another system or components of comparable quality and performance capabilities to become non-infringing. If Vendor fails to complete the remedial acts set forth above within forty-five (45) calendar days of the date of the written notice from Customer, Customer shall have the right to take such remedial acts it determines to be reasonable to mitigate any impairment of its use of the System or System Components or damages (hereafter referred to as "Customer's Remedial Acts.") Vendor shall indemnify Customer for all amounts paid and direct and indirect costs associated with Customer's Remedial Acts. Failure by Vendor to pay such amounts within ten (1 0) calendar days of invoice by Customer shall, in addition to and cumulative to all other remedies, entitle Customer to immediately withhold payments due Vendor under this Contract up to the amount paid in connection with Customer's Remedial Acts. 2.2 General Vendor agrees to defend, indemnify and hold harmless Customer, its Users, directors, officers, agents, employees, consultants, members, subsidiaries, joint venture partners, Customers, and predecessors and successors in interest harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgements, awards, Appendix 1: Sample Contract 74 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 attorneys' fees, and Customer costs which Customer or its respective officers, employees or agents or any combination thereof may suffer or which may be sought against, recovered or obtained from Customer or its respective officers, employees or agents or any combination thereof, as a result of, by reason of or arising out of or in consequence, directly or indirectly, of Vendor's installation and operation of the System. Vendor agrees that it shall at its sole cost and expense defend Customer and its respective officers, employees and agents and each of them in any suit or action that may be brought against any of them by reason of Vendor's installation and operation of the System or any act or omission, negligent or otherwise, against the consequences of which Vendor has agreed to indemnify Customer and its respective officers, employees or agents. If Vendor fails to do so, Customer shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including any attorneys' fees or Customer costs, to and recover the same from Vendor. No protection, indemnification, holding harmless, or defense is required to be paid for or provided by Vendor for any claim, loss or expense arising from the sole negligence or willful misconduct of Customer or its respective officers, employees or agents. 3.0 LIMITATION OF REMEDIES AND LIABILITY 3.1 THE REMEDIES PROVIDED HEREIN ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL SONANT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF PRODUCTS, LOSS OF DATA, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF THE BUYER FOR SUCH DAM- AGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Sonant's liability for property damage claims of any kind, whether based on contract, warranty, tort (including negligence) or otherwise and for any loss or damage arising out of, connected with, or resulting from this Agreement or from the performance or breach thereof, or from any services covered by or furnished under this Agreement shall in no case exceed the Purchase Order price. Any action against Sonant must be brought within twelve (12) months after the cause of action accrues. 4.0 GENERAL RELATIONSHIP 4.1 This Contract calls for the performance of the services of Vendor as an independent contractor. Vendor shall not be considered an employee of Customer for any purpose. Vendor also shall not be considered as an agent of Customer. Any provision in this Contract that may appear to give Customer the right to direct Vendor as to the details of doing the work or to exercise a measure of control over the work means that Vendor shall follow the wishes of Customer as to results of the work only. 5.0 RIGHTS AND OBLIGATIONS 5.1 Confidentiality and Non-disclosure Customer and Vendor each acknowledge that, in the course of performing this Contract, certain Customer and/or Vendor employees, agents or representatives may be exposed to or acquire information which is proprietary or confidential to Customer and its clients or to Vendor. Such proprietary and confidential information may include, but not be limited to, information related to research, development, designs, plans, reports, investigations, materials, data, pricing, lrade secrets, Customer lists, salaries or business affairs ("Proprietary and Confidential Information") of Customer and its clients or of Vendor. Appendix 1: Sample Contract 75 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 Customer and Vendor each agree to hold each other's Proprietary and Confidential Information in strict confidence and not to make each other's Proprietary or Confidential Information available in any form to any third party or to use each other's Proprietary or Confidential Information for any purpose other than for the performance of work under and implementation of this Contract. 5.2 Ownership Customer's Proprietary and Confidential Information shall remain the sole and exclusive property of Customer. Vendor's Proprietary and Confidential Information shall remain the sole and exclusive property of Vendor. 5.3 Employees Each party shall ensure that its employees, agents and consultants, and in the case of Customer's granting access to the System, its Users, as described herein, shall be permitted access to the other party's Proprietary or Confidential Information only on a need- to-know basis and are instructed regarding, and agree in writing to act in accordance with, the obligations of non-disclosure and non-use imposed by this Contract. Neither Customer nor Vendor shall solicit or hire any personnel of the other during the term of this project, or for a period of one (1) year following the completion of the implementation, without the written consent of the other party. 5.4 Proprietary or Confidential Markings Each party expressly agrees to include, maintain, reproduce and perpetuate all notices or markings on all copies of all tangible media comprising each party's Proprietary or Confidential Information in the manner in which such notices or markings appear on such tangible media or in the manner in which either party may reasonably request. 5.5 Customer's Data All Customer data, records, documentation, source codes, software and information ("Customer Data") processed by or input onto the System to which Vendor has access, or otherwise provided to Vendor under this Contract, shall be and remain the property of Customer, and Customer shall retain exclusive rights and ownership thereto. Vendor shall not use Customer Data for any purpose other than as required under this Contract, and shall return all such data to Customer upon implementation of the System or termination of this Contract. No Customer data, or any part thereof, shall be disclosed, sold, assigned, leased or otherwise disposed of to third parties by Vendor or commercially exploited or otherwise used by or on behalf of Vendor, its officers, directors, employees, consultants or agents. 6.0 TITLE, RIGHTS AND OWNERSHIP 6.1 Ownership of Materials and Documents Excepting such items which are specifically identified by Vendor as proprietary trade secrets, any and all sketches, drawings, tracings, field survey notes, computations, detail, and other materials and documents prepared by Vendor in the performance of this Contract shall be the property of Customer from the moment of their preparation, and Vendor shall deliver such materials and documents to Customer, upon request. However, Vendor shall have the right to make duplicate copies of such materials and documents for its own file, or for other purposes as may be authorized in writing by Customer. 6.2 Warranty of Tille 6.2.1 Equipment and Hardware Vendor warrants that it has good title to the equipment and hardware furnished under this Contract, and further has the right to sell it to Customer free and clear of any proprietary rights of any other party or any liens or encumbrances whatever, and that it is being sold to Customer free and clear of any such proprietary rights, liens and encumbrances. Title and risk of loss for equipment and hardware shall pass to Customer upon delivery. Appendix 1: Sample Contract 76 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 6.2.2 Software Vendor hereby warrants and represents that it is the owner of the Licensed Software or otherwise has the right to grant to Customer the license, and provide all related materials and services, without violating any rights of any third party, and there is currently no actual or threatened suit by any such third party based on an alleged violation of such right by Vendor. 6.3 Licensed Software 6.3.1 Scope of License Licensing of Licensed Software is subject to the terms and conditions of Attachment A to this Contract. 7.0 WARRANTY 7.1 Sonant Corporation warrants that the hardware and software provided under this contract shall conform to the technical specifications defined in this contract. All equipment, hardware, and software including any replacement items, are warranted against defects in materials and workmanship for a period of one (1) year. The warranty period begins on the date of shipment unless otherwise specified within the Contract. The terms of this warranty are equivalent to those defined in Sonant's Standard Annual Maintenance Agreement (Attachment C). 8.0 TAXES 8. 1 Customer shall be responsible for excise, sales and use ·taxes, fees, assessments and other charges imposed by any federal, state, or local government or governmental agency resulting from this Contract and the license granted hereby. Customer shall not be liable for any tax obligation of Vendor. Vendor will reimburse Customer for any Vendor tax obligations imposed on Customer. 9.0 FEDERAL, STATE AND LOCAL REGULATIONS 9.1 Vendor shall comply with all federal, state and local laws and ordinances applicable to the work under the terms of this Contract. 10.0 SAFETY AND OSHA REQUIREMENTS 10.1 Vendor will take all precautions necessary for the safety of the work undertaken and directly within its control pursuant to this Contract, the safety and adequacy of the methods and means Vendor employs in performing that work, and the safety of all employees performing that work and, all other persons who may be affected thereby. Vendor will at all times in the performance of the work comply with and provide the safeguards required by Federal, State and local laws, rules and regulations concerning the Occupational Safety and Health Act of 1970 ("OSHA"), and applicable state labor laws and the regulations and standards issued thereunder. Vendor warrants that any work performed on the Premises under its control will be performed in accordance with OSHA requirements. 11.0 EXCUSABLE DELAYS 11.1 Vendor will notify Customer promptly of any material delay and will specify the revised delivery date as soon as practicable. Vendor shall not be liable for delays in delivery or performance or for failure to manufacture, deliver or perform due to: (a) causes beyond its reasonable control or (b) acts of God, acts or failures to act of Customer, acts of civil or military authority, or (c) government priorities, strikes or other labor disturbances, floods, Appendix 1: Sample Contract 77 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 materials, components, services or facilities. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay. 12.0 DISPUTE RESOLUTION 12.1 Intent The parties shall resolve their disputes informally to the maximum extent possible. The parties shall negotiate all matters of separate and joint concern in good faith, with the intention of resolving issues between them in a mutually satisfactory manner. Only disputes within the scope of this Contract are subject to this clause. However, nothing in this clause shall preclude the parties from exercising their termination rights granted under law. 12.2 Informal Resolution If a dispute arises under this Contract, then within three (3) business days after a written request by either party, the Project Managers and Procurement Representatives of both parties shall promptly confer to resolve the dispute. If these representatives cannot resolve the dispute within three (3) business days after their initial conference, then the dispute may be submitted to the individual designated by Customer and the individual designated by Vendor, who shall promptly confer to resolve the dispute. If these individuals cannot resolve the dispute, or either one of them determines that they are not making reasonable progress toward resolution of the dispute within five (5) business days after the dispute is first submitted to them, then and only then the issue may proceed to any juridical remedies available 12.3 Dispute Resolution Mandatorv The dispute resolution process provided in this clause is a prerequisite to the exercise of any juridical remedies available to the parties, except in cases where a party is seeking injunctive or other equitable relief. 13.0 TERMINATION Subject to the provisions below, and without prejudice to any other rights of Customer hereunder or provided by law, this Contract may be terminated by Customer upon prior written notice to Vendor, but if any work or service hereunder is in progress, but not completed as of the date of termination, then this Contract may be extended upon written approval of Customer until said work or services are completed and accepted. 13.1 Termination for Convenience In the event the Contract is terminated or canceled upon request and for the convenience of Customer, without the required prior written notice, then Customer shall pay Vendor the amounts due and payable to the effective date of such termination, together with all charges and disbursements reasonably and properly incurred with respect to or as a result of the said termination. Reasonable efforts will be made by Vendor to minimize all costs incurred. 13.2 Termination for Cause Customer at its discretion, can terminate this Contract for cause, default, or negligence on the part of Vendor which then shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The prior written notice requirement is waived in the event of Termination for Cause. 14.0 ATTORNEYS' FEES AND COSTS 14.1 In the event that suit is brought upon thiS Contract to enforce the terms hereof, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. 15.0 MISCELLANEOUS Appendix 1: Sample Contract 78 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sam pie Contract Rev 3 7/15/04 15.1 Entire Agreement Each party acknowledges ttiat this written Contract and the documents incorporated by reference constitute the complete and exclusive statement of the terms and conditions between the parties, which supersede and merge all prior proposal understandings and all other agreements, oral and written, between the parties relating to this Contract. This Contract may not be modified or altered except by written amendment duly executed by both parties. 15.2 Force Majeure Neither party shall be liable to the other for any delay or failure to perform due to traditional force majeure events beyond either party's reasonable control; i.e., acts of God and certain governmental activities. Performance times shall be considered extended for a period of time equivalent to the time lost because of any such delay. 15.3 Assignment Except as otherwise stated in this Contract, Vendor may not assign this Contract or its obligations hereunder without the prior written consent of Customer. Any such assignment, sublicense or transfer attempted by Vendor without Customer's prior written consent shall be null and void. 15.4 Severability If any term, covenant, condition or provision of this Contract is held by a Customer of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 15.5 Survival All provisions of this Contract relating to confidentiality, non-disclosure, indemnity and publicity shall survive termination of the Contract. 15.6 Notice Any notice, payment or instrument required or permitted to be given under this Contract shall be deemed received upon personal delivery or seventy-two (72) hours after deposit in any United States post office, first class postage prepaid and addressed to the party for whom intended, as follows: If to Vendor: If to Customer: Sonant Corporation 4105 Sorrento Valley Blvd. San Diego, CA 92121 ATIN: Jim Stafford Notices, requests or demands may also be given by facsimile transmission to the respective facsimile numbers given by the parties to each other, and any such notice, request or demand shall be deemed to be delivered upon receipt, provided successful transmission of any such facsimile is confirmed by telephone by the receiving party. 15.7 Waiver No waiver shall be deemed to have been made by either party hereto unless expressed in writing and signed by the waiving party. The failure of either party to insist in any one or more instances upon strict performance of any of the terms or provisions of this Contract, or to exercise any election herein contained, shall not be construed as a waiver or relinquishment for the future of such terms, provisions, or election, but the same shall continue and remain in full force and effect. No waiver by either party of any one or more of its rights or remedies under this Contract shall be deemed to be a waiver of any prior or subsequent rights or remedy hereunder or at law. All remedies afforded in this Contract shall be taken and construed as in addition to every other remedy available at law or in equity. Appendix 1: Sample Contract 79 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 15.8 Contract Governed by Law of State of California This Contract and its performance and all suits and special proceedings under this Contract shall be construed in accordance with the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, under, or because of this Contract, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted. Appendix 1: Sample Contract 80 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 EXHIBITS TO PROFESSIONAL SERVICES AGREEMENT FOR SONANT CORPORATION EXHIBIT E SOFTWARE LICENSE AGREEMENT Sonant Corporation Software License Agreement This is a license agreement ("License") and not an agreement for sale. Sonant Corporation. (Hereinafter referred to as "Sonant") owns, or has licensed from the owner, copyrights in the Software and provides the Software under the licensing terms as provided below. The term Software means the logical instructions to which this License refers and all such human or machine readable or translatable versions whether they be stored on physical or electronic media. The term Software is also meant to include such ancillary materials, any user instruc- tions, design specifications or any other reference documentation supplied with the licensed Software. You assume responsibility for the selection of the Software to achieve your intended results, and use and results obtained from the Software. 1. LICENSE You may: a. use the Software on a non-exclusive basis with a single Sonant voice processing system, for each License purchased; b. copy the Software into any machine readable or printed !ann for backup in support of your use of the Software as permitted herein; · c. transfer the Software to another party if all of the following conditions are met: the other party accepts the terms and conditions of this License; a copy of this License signed by the other party is returned to Sonant; you transfer or destroy all copies, modifications or merged portions of the Software. Any such transfer tenninates your License. If you transfer the Software and this License to the U.S. Government such transfer shall be under the restrictions set forth in Arlicle 5 below. You may not: a. distribute copies of the Software or any portion thereof in any form, including but not limited to fiow charts, logic diagrams, computer codes, and listings to others without the prior written permission of Sonant; b. modify, reverse assemble, reverse compile, or translate the Software without the prior written consent of Sonant. Title to the Software and all rights therein, including all rights in patents, copyrights and trade secrets applicable thereto, shall remain vested in Sonant or its licensor. Title to any copies made, in whole or in part, shall remain vested in Sonant or its licensor. You must reproduce and include the copyright notice, other proprietary notices, or legends of the Software on any copy. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE, OR ANY COPY, MODI- FICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVID- ED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION, OR MERGED PORTION OF THE SOFTWARE TO ANOTHER PARTY, YOUR LICENSE IS AUTO- MATICALLY TERMINATED UPON SUCH TRANSFER. 2. TERM The License is effective until terminated. You may terminate it at any time by destroying the Software together with all copies, modifications, merged portions in any form, and documentation. It will also terminate upon conditions set forth elsewhere in this License or if you fail to comply with any term or condition of this License. You agree, upon such termination, to destroy the Software together with all copies, modifications, merged portions in any fonn, and documentation. 3. WARRANTY The terms of warranty offered by Sonant for this software, if any, will be defined separately as part of a purchase contract. Appendix 1: Sample Contract 81 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 4. LIMITATIONS OF LIABILITY SONANT'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE VALUE OF ANY CONTRACT UNDER WHICH THIS SOFTWARE IS LICENSED. IN NO EVENT WILL SONANT BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT, FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFT- WARE, EVEN IF SONANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL SONANT BE LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. 5. U.S. GOVERNMENT USE If this Software and related documentation is to be used by or for the U.S. Government, or under a Government Contract or Subcontract, by accepting delivery of this Software, the U.S. Government hereby agrees that this Software qualifies as "commercial" computer software within the meaning of FAR Part 12.212 (October 1995), DFARS Part 227.7202-1 (June 1995), and DFARS 252.237-7014(a) (June 1995). The terms and conditions of this Software License Agreement shall pertain to the U.S. Government's use and disclosure of this Software, and shall supersede any conflicting contractual terms or conditions. Sonant copyrighted documents and/or materials to be delivered hereunder are considered "unpublished works". 6. EXPORT CONTROL ASSURANCE You hereby assure Sonant that you will not export or re- export any Software or the direct product thereof supplied by Sonant, directly or indirectly, to the countries listed in Section 779.4 and associated or successor sections of the U.S. Export Adminis- tration Regulations of the U.S. Dept. of Commerce unless authorized by the U.S. Government. 7. ARBITRATION Any controversy or claim arising out of or relating to this License or the breach thereof shall be settled by arbitration in San Diego County, CA, in accordance with the Commercial Arbitration Rules of the American Arbitration Assn., and judgment upon the award rendered by the arbitrator(s) may be entered in any Customer having jurisdiction thereof. 8. GENERAL This License will be governed by the laws of the State of California. Should you have any questions concerning this License, you may contact Sonant by writing to Sonant Corporation, Contracts Dept., 4105 Sorrento Valley Blvd, San Diego, CA 92121. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT. AGREED AND ACCEPTED BY THE PARTIES HERETO: Sonant Corporation Customer Signature: -----------Signature: Name: Name: Title: Title: Date: Date: Appendix 1: Sample Contract 82 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 EXHIBITS TO PROFESSIONAL SERVICES AGREEMENT FOR SONANT CORPORATION EXHIBIT F Sonant Corporation MAINTENANCE AND SUPPORT AGREEMENT STANDARD SYSTEM SERVICE Contract No. Customer Name: Address: Start Date: City/State/Zip: End Date: Contact/Telephone: Authorized Customer Technical Contacts: 1. 2. 3. This Product Maintenance and Support Agreement ("Agreemenf') will confirm the terms and conditions under which Sonant Corporation ("Sonant") will provide software and equipment maintenance and support services (collectively referred to as "Services") to the above stated party ("Customer") for the software and equipment identified on Exhibit A attached hereto (the "Equipmenf'). I. TERM AND TERMINATION: The initial Term of this Agreement is for one (1) year. This Agreement shall commence on the "Start Date" shown above and shall remain in effect through the End Date shown above. This Agreement may be extended for additional one (1) year periods by mutual written agreement of the parties. After the first year of Service, this Agreement may be terminated either (i) by Customer upon thirty (30) days' written notice to Sonant, (ii) by Sonant upon sixty days' written notice to Customer, or (iii) by either party upon a default of the other party, such default remaining uncured for thirty (30) days from the date of written notice from the non-defaulting party to the other specifying such default, or (iv) upon the bankruptcy or insolvency of Sonant. Upon such termination, Sonant shall refund to Customer a portion of the annual fee prorated to reflect the date of termination and neither party shall have any further obligations hereunder. II. PAYMENT: As consideration for the Services, Customer shall pay Sonant an annual fee of:!!.$--. on or before the Start Date hereof and on the anniversary date for each subsequent renewal term. The payment terms for all other payments hereunder shall be Net 30 days from date of invoice. Appendix 1: Sample Contract 83 Sonant Corporation Response Ill. AVAILABILITY OF SERVICES: Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 The Services to be provided by Sonant to Customer under this Agreement are available as follows: Technical support hotline: Response Time: Initiation of Services: On-site Services: 5:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday, excluding Sonant standard holidays as published annually. Note: Extended coverage, outside the above stated availability period, is not provided under this Agreement. Between the hours of 5:00 a.m. and 8:00a.m. calls to the technical support hotline will be routed to a special voice mailbox that will immediately activate the duty beeper. The duty specialist will then retrieve the mailbox messages and respond accordingly. Sonant will make best efforts to acknowledge or reply to all requests for Services within 30 minutes of each request by Customer. Such response shall be provided during the time the technical support hotline is staffed. All Services requested by Customer are to be requested through Sonant's technical support hotline: 1-800-364-5171. Press "3" at the prompt in the greeting message to be connected with Customer Support. The technical support representative will log the call into the Sonant technical support system, and gather additional information about the reported problem. On-site software support or maintenance Services shall be provided by Sonant under this Standard System Service Agreement only in the event that remote diagnostic efforts cannot resolve the designated problem. IV. MAINTENANCE AND SUPPORT SERVICES: During the Term hereof, Sonant will (i) maintain the Equipment identified on Exhibit A, attached hereto and made a part hereof by this reference, in good working order and will make all necessary repairs and adjustments, (ii) cause the software identified on Exhibit A hereto (the "Software") to operate according to the published specifications and without error and (iii) make available one copy of any updated release of the Software, or part thereof, to Customer without charge, which Customer may substitute for a prior release. In addition, Sonant will provide published bulletins describing new releases, maintenance releases, temporary problem resolutions and circumventions, support level changes and other information with respect to the Software, which updated releases Customer may obtain at no additional cost, except for Sonant's then-applicable mailing and media charges. During the initial call from the Customer, Sonant will gather information and attempt to isolate a reported problem to a hardware or software failure. For hardware failures, it will be isolated to a Field Replaceable Unit (FRU). Any failed hardware will be replaced by Sonant in advance of receiving the . Customer's defective hardware. Subject to availability of hardware and diagnoSIS of the problem, calls received by 2:00 p.m. Pacific Standard Time will have hardware shipped the same day by Appendix 1: Sample Contract 84 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 overnight priority service (for arrival the next morning). For calls received after 2:00 p.m., the hardware replacement will be shipped the next business day. The Customer will be provided with a Return Material Authorization (RMA) number when replacement of the Customer's hardware is necessary. The Customer agrees to return, at their expense, the replaced hardware within thirty (30) calendar days in order to avoid being invoiced at full purchase price for the FRU. The Customer agrees to pay a restocking fee of 15% of the full purchase price if FRU is returned after the 30 day period. If Customer has paid full purchase price, Sonant will issue a credit of 85% of the purchase price upon receipt of FRU. Customer may contact Sonant after the FRU arrives for technical assistance and/or verify resolution of the reported problem. Sonant will supply, at no additional cost, all replacement parts necessary to ensure proper functioning of the hardware. Replacements will be new or reconditioned to meet new specifications. All replacement parts will become the property of the Customer while all replaced parts will become the property of Sonant. In the event that the shipped replacement parts do not resolve the reported failure within two (2) working days from the initial time of fault report, a specialist will be dispatched with additional spare hardware to the Customer site on the next working day. For Software problems, Sonant will determine if the reported problem is a Software Defect, defined as Software that does not conform to current Sonant specifications or product documentation. Software Defects will be corrected using a variety of methods including but not limited to an operational "work- around", software "patch", or upgrade to a newer version of the Software. The Software Defect correction method will be determined by Sonant. All Software Defects will be written up by the Sonant representative and submitted to Sonant engineering for correction in the next regularly scheduled Software release. For reported problems that are determined not be a Software Defect, such as a need for a new or modified feature of the Software, Sonant will make a reasonable effort to provide an operational work-around to the Customer. Changes to the Software that are required due to changes in other devices not supplied by Sonant and connected to the Equipment are not Software Defects and are not covered under this Agreement. Reported Software problems that are resolved at the Customer's site and are not due to Sonant Software Defects will be billed to the Customer at Sonant's published Time and Material (T&M) rates plus travel expenses which include an 10% burden (abated G&A rate). As an example, problems in the Software that arise due to changes made by the Customer to the Software or changes in the Customer's host computer or telephone system would normally be billable. V. SPECIAL TERMS AND LIMITATIONS: The following special terms and limitations for the maintenance and support are agreed upon by the parties: 1. The eligibility of the Customer's system(s) for this Standard System Service will be established by Sonant. Among other things, in order to be eligible for this Standard System Service the Customer's system(s) must be equipped with a remote diagnostic modem. 2. Sonant reserves the right to define the addition of a major function to the Software as a new product option and not as an update. 3. Sonant reserves the right to adjust its fee associated with this Product Maintenance and Support Agreement for any Renewal Term, provided it provides written notice to the Customer of the fee change a minimum of 30 days prior to the start of the Renewal Term. Appendix 1: Sample Contract 85 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 4. Sonant will have no obligation to correct defects or difficulties due to Customer modi- fying the Equipment, changing its system or computer environment, using the Software on equipment not approved by Sonant, or other causes external to the Equipment. Sonant shall have no obligation to correct defects or difficulties due to an environment out of specification (i.e. temperature, humidity, etc.) or utility power transient. 5. In those situations where Sonant has not dispatched a representative to the Customer site but has furnished replacement hardware or software, the Customer agrees to install and remove, at its expense, those hardware or software replacements provided by Sonant under this Agreement. Subject to availability of Sonant personnel, Sonant may perform additional, Customer requested, on-site Services outside the terms of this Agreement at Sonant's then current Time and Material rates. Travel and other related expenses will be billed at actual cost plus an 10% burden. 6. If after having received notice from Sonant prior to expiration, the Customer should allow this Agreement to expire for more than 15 days, a reinstatement fee will be charged for a renewal of this Agreement. Reinstatement is only available after an inspection, necessary repairs, and EGO's have been applied. Customer is responsible for all expenses associated with parts, labor, travel, etc. as required to qualify for reinstatement. 7. The Customer agrees to install any Sonant furnished Software updates within sixty (60) days of receipt. B. The Customer agrees to provide a telephone line for a remote diagnostic modem connected to the supported system if requested by Sonant 9. Sonant may refuse renewal due to breach of Agreement by Customer or discontinued production of Equipment by Sonant. 10. Risk of loss or damage to replacement Equipment will pass to Customer upon delivery to Customer's premises. At the time of receipt of replacement Equipment, Customer agrees to provide reasonable inspection for shipping damage, and to notify carrier and Sonant of any damage found. Title to Software products or modifications thereto remains with Sonant. 11. No training will be provided by Sonant under this Agreement. 12. Unless specified herein, Sonant's prices do not include sales, use, excise or similar taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the Equipment or Services supplied hereunder shall be paid by the Customer, or in lieu thereof the Customer shall provide Sonant with appropriate tax-exemption evidence acceptable to the taxing authorities. VI. LIMITATION OF REMEDIES AND LIABILITY: THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF PRODUCTS, LOSS OF DATA, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF Appendix 1: Sample Contract 86 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 CUSTOMERS OF THE CUSTOMER FOR SUCH DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Sonant's liability for property damage claims of any kind, whether based on contract, warranty, tort (including negligence) or otherwise and for any loss or damage arising out of, connected with, or resulting from this Agreement or from the performance or breach thereof, or from any Services covered by or furnished under this Agreement shall in no case exceed the fee paid hereunder; provided however, that this limitation shall not apply to instances where Sonant or its agents or employees has acted with gross negligence or willful misconduct. Any action against Sonant must be brought within forty-eight (48) months after the cause of action accrues. VII. EXCUSABLE DELAYS: Sonant will notify Customer promptly of any material delay and will specify the revised delivery date as soon as practicable. Sonant shall not be liable for delays in delivery or performance or for failure to manufacture, deliver or perform due to: (a) causes beyond its reasonable control after the exercise of reasonable diligence by Sonant to avoid such delays, or (b) acts of God, acts or failures to act of Customer, acts of civil or military authority, or (c) government priorities, strikes or other labor distur- bances, floods, earthquakes, epidemics, war, riot, delays in transportation or car shortages, or (d) inability on account of causes beyond the reasonable control of Sonant to obtain necessary materials, components, services or facilities. In the event of any such delay, the date of delivery or of perfor- mance shall be extended for a period equal to the time lost by reason of the delay. VIII. CONFIDENTIAL INFORMATION: All drawings, specifications or other information furnished by one party to the other party and identified as confidential or proprietary will be held in confidence by the recipient, will be used only for the purpose furnished, and may not be reproduced or further distributed without the written consent of the owner. These restrictions shall not apply to information (a) already known to the recipient, (b) generally known in the industry prior to receipt, (c) that is or becomes publicly known without any breach of this agreement by recipient, (d) is disclosed to third parties by owner without imposing at least the same obligation of confidence as placed on the recipient by this agreement, (e) that is independently developed by recipient, or (f) that is approved for release by written authorization of the owner. If disclosure is required by governmental authority or is required for the carrying on of the ordinary business of recipient, disclosure may be made provided owner is notified in writing and every reasonable effort is made to protect owner's proprietary interests in the information. If disclosure is required by government authority in the course of legal proceedings against the owner, disclosure may be made provided the owner is notified in writing at least 15 days prior to making the disclosure. IX. INTELLECTUAL PROPERTY RIGHTS INDEMNITY: Sonant shall defend, at its expense, any claim (including any suit) brought against Customer alleging that any Equipment furnished by Sonant hereunder infringes a United States patent, copyright, trade secret or other intellectual property right of a third party, and shall pay all costs and damages finally awarded, provided that Customer gives Sonant prompt written notice of such claim, and information, reasonable assistance and sole authority to defend or settle the claim. In the defense or settlement of the claim, Sonant may obtain for Customer the right to continue using the Equipment, replace or modify the Equipment so it becomes non-infringing, or, if such remedies are not reasonably available, grant Customer a refund for the Equipment as depreciated and accept their return. Sonant shall not be liable for any costs or damages and Customer will indemnify, defend and hold Sonant harmless from any expenses, damages, costs or losses resulting from any suit or proceeding based upon a claim arising from (a) compliance with Customer's designs, specification or instructions; (b) a modification of the Equipment by a party other than Sonant after delivery by Sonant; (c) the use of the Equipment or any part thereof furnished by Sonant in combination with any other product not approved by Sonant; or (d) the direct or contnbutory infringement of any process patent using Appendix 1: Sample Contract 87 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 Equipment furnished by Sonant. Sale of the ~quipment or any part thereof by Sonant does not confer upon the Customer any license under any patent rights. X. SOFTWARE PRODUCTS: Software products are copyrighted by and remain ·the property of Sonant. Sonant' Software products are protected by a software license agreement which accompanied the Software, or is attached hereto, and is incorporated herein by this reference. Any Software products or modifications thereto furnished hereunder to the U.S. Government shall be furnished with "Restricted Rights" in accordance with DFARS 252.227-7013. With respect to those products which Sonant licenses and which are supplied hereunder, the word "purchase" or similar or derivative words are understood to mean "license" and "Customer'' or similar or derivative words are understood to mean "Licensee." Title to Sonant Software shall remain with Sonant, notwithstanding anything to the contrary herein. XI. APPLICABLE LAW: Unless otherwise agreed to in writing by the parties, this Agreement shall be governed by, subject to and construed according to the laws of the State of California. XII. DISPUTES: In the event of any dispute concerning a question of law or fact, or both, arising under this Agreement which the parties are unable to resolve by mutual agreement, either party may pursue any right or remedy which it may have at law or in equity in any court of competent jurisdiction. XIII. COMPLETE AGREEMENT: No addition, modification, amendment, resc1ss1on, waiver or other change to these terms and conditions will be binding on either party unless assented to in writing by an authorized representative of such party. The following exhibits are attached to this agreement and· are made a part of the agreement: Exhibit A -Equipment List XIV. ASSIGNMENT: Neither party's obligations under this Agreement are assignable by one party without prior written approval of the other party. XV. MISCELLANEOUS: All rights and remedies conferred under this Agreement and by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Failure by either party to enforce any contract term shall not be deemed a waiver of future enforcement of that or any other term. The provisions of this Agreement are declared to be severable. Appendix 1: Sample Contract 88 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective authorized representatives effective as of the date set hereinabove. SONANT CORPORATION (Sonant) By: ---:-::-:--:---:----- (Signature) Name: ------------------- Title: ------------------- Date:---------~ Appendix 1: Sample Contract (Customer) By:----,~-,---,-----­ (Signature) Name: ____________________ _ Title: --------------------- Date:---------- 89 Sonant Corporation Response EXHIBIT A-Equipment List Customer: QlY. Description Appendix 1: Sample Contract Fresno Tax RFP No. 208-3975 Sample Contract Rev 3 7/15/04 90 ::>onant t.;orporat1on Kesponse Appendix 2: Sample Reports TaxTa/k IVR Call Detail Report Report for 06128/2001. Printed on 0612812001 at 02:54PM Call ID Started Type In Call ID Dialed Name Dialed Number :::am===== ======== ==== ======••=a •================~== =============== H63201 1463203 1463301 1463303 1463305 1463307 1463401 1463403 1463406 1463408 1463501 1463503 1463506 1463509 1463601 1463603 1463604 1463701 1463702 1463801 1463804 1463901 1464001 1464101 1464201 1464301 1464401 1464403 1464501 1464601 1464701 1464801 1464901 1464902 1465001 1465004 1465005 1465101 1465201 1465301 1465401 1465501 1465601 06:28:39 06:29:03 06:43:06 06:43:31 06:44:02 06:44:12 06:46:23 06:46:32 06:47:31 06:47:43 07:00:46 07:00:57 07:02:28 07:02:44 07:09:25 07:09:57 07:10:04 07:22:51 07:22:58 07:31:11 07; 31; 53 07:33:00 07:31:15 07:41:49 07:52:00 07:54:06 08:01:11 08:07:21 08:25:18 08:27:14 08:29:18 08:31:12 08:32:36 08:32:42 08:37:41 08:38:35 08:38:41 08:42:42 08:57:28 08:59:51 09:06:24 09:35:38 09:37:40 In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In Appendix 2: Sample Reports """ 000:06 000:09 000:06 000:06 000:08 000:10 000:07 000:10 000:09 000:08 000:08 000:11 000:09 000:09 000:05 000:10 000:11 000:09 000:10 000:12 000:05 000:09 000:09 000:10 000:10 000:07 000:07 000:10 000:10 000:09 000;08 000:09 000:09 000:11 000:07 000:11 000:14 000:06 000:10 000:09 000:10 000:08 000:10 Queue 000:03 000:07 000:03 000:03 000:06 000:40 000:07 000:16 000:06 000:32 000:06 000:40 000:07 000:21 000:03 000:08 000:15 000:07 000:19 000:11 000:04 000:08 000:06 000:07 000:06 000:08 000:06 000:17 000:06 000:07 000:06 000:08 000:07 000:26 000:08 000:09 000:21 000:03 000:07 000:08 000:07 000:08 000:06 Agent == ...... .,. 000:12 000:12 000:13 000:13 000:36 000:18 000:33 000:30 000:26 000:12 000:19 000:14 000:02 000:17 000:14 000:10 000:05 000:13 000:15 000:12 000:12 000:13 000:17 000:11 000:11 000:10 000:12 000:09 000:22 000:11 000:08 000:17 000:12 000:05 000:14 000:12 000:10 000:11 000:20 Fresno rax Kt-1-' No. lU~-J\lfo Total 000:21 000:28 000:22 000:22 000:50 000:50 000:32 000:26 000:48 000; 40 000:44 000:51 000:42 000:42 000:27 000 '32 000:28 000:33 000:43 000:33 000:14 000:30 000:30 000:29 000:28 000:28 000:32 000:38 000:27 000;26 000:26 000:26 000:38 000:48 000:23 000:37 000:47 000:14 000:31 000:29 000:27 000:27 000:36 Call Class ~~~·'"'""" Short Short OK-A OK-A OK-A Aband OK-A Aband OK-A Aband OK-A Aband OK-A OK-A OK-A OK-A Aband OK-A OK-A Aband OK-A OK-A OK-A OK-A OK-A OK-A OK-A OK-A OK-A OlC-A OK-A OK-A OK-A OK-A OK-A OK-A OK-A OK-A OK-A OlC-A OK-A OK-A OK-A 91 Sonant Corporation Response Call Summary Call Duration (BHHH:MM:SS) by Call Activity Activity Average Maximum Total ccs Brla.ng Percent IVR :18 01:23 11:05:33 399 11 20. Queue :59 01:14 34:45:09 1251 34 650 Agent :12 01:10 7:16:35 261 7 13\ In :12 01:10 7:16:03 261 out .......... . . . . . . . . . . . . . . . . . . . . Conf .......... . . . . . . . . . . . . . . . . . . . . Short a ========== ========== =======~== ===== ====== ======= Total 01:29 53:07:17 1911 52 lOOt There were problems while processing this log file: * 3 bas a logout at 00:00:00 without a matching login. There were problems while processing this log file: * 3 bas a logout at 00:00:00 without a matching login. Appendix 2: Sample Reports Calls by Call Completion Category Calls Completed in IVR 15 Abandoned in Queue 58 Agent Short Call 139 Completed in Agent 2016 ====== Total Calls: 2228 Fresno Tax RFP No. 208-3975 Calls by Call Type Category IVR-Only calls: IVR-Agent calls: Total calls: Calls 1 2228 .. ===== 2229 92 ;:,onam L.orporauon Kesponse C/ientCa/1 Center ACD Call Summary Report Report for 0312112001. Printed on 0312212001 at 10:15 AM Call Summary Call Duration (BBBB:MM:SS) by Call Acti~ty Calls by Call Completion Activity Average Maximum Total ccs Erlang Percent Category Calls IVR :35 06:03 2:13:06 79 2 •• completed in IVR 28 Queue 06:37 32:38 21:44:32 782 21 480 Abandoned in Queue 39 Agent 06:18 56:37 20:43:24 746 20 ••• Agent Short Call 8 Short 2t Completed in Agent 155 ::===~==== ~========= ========== ===== =====,.. ======== ==== .. ,. Total ~1:54 44:41;02 1607 43 100\" Total calls: 230 Appendix 2: Sample Reports t-resno 1 ax Kt-1-' No. zuts-j!Jto Calls by Call Type Category Calls IVR-Only calls: 16 IVR-Agent calls: 214 ::::::::::=== Total Calls: 230 93 Sonant Corporation Response Fresno Tax RFP No. 206-3975 C/ientCa/1 Center ACD Group Detail Report Report for 0312112001. Printed on 0312212001 at 10:15 AM Group Detail for 1 Statistic 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 Total Available Agents 12 Call Completions . -.. . . . . . . . . . . . . . . . . -... . ... . . . . . . . . . . . . 1 6 .... 2 . --. . . . -. ... . . . . . . . . . . . . . -.. . ... . . . . . . . . 9 Max Queue Length .... . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . 1 1 2 3 1 Max Queue Hold Time --.. . . . . . . . . . . . -... - -... .... . . . . . . . . . . . . 0.2 0.2 10.2 0.1 .... . ... . . . . . . . . . . . . . . . . . . . -.... . . . . . . . . 10:11 Avg, Queue Hold Time .... . . . -. . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.2 •... . ... . . . . . . . . . ... . ... . ... . ... . . . . . ... . . . . . . . . . . . . . . Abandons Calls . -.. -.-. -.-. -... . . . . .... . . . . . . . . . . . . . . . . 1 .... . ... . . . . . . . . . . . . . . . . . . --. ... . . . . . ... . ... . . . . . . . . 1 Avg. Hold Time . -.. . . . . . . . . . . --. . . . . . . . --.. . . . . . ... . . . . 0.2 . . . . . ... . ... . . . . . . . . . ... .... . . . . . . . . . ... . . . . . -.. .... :13 Talk Time . -.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.6 8.7 . ... s. 0 .... . ... . . . . . ... . . . . . . . . . . . --... . -.. . . . . 20:15 Queue Shutdown Calls .... . . . -.... . . . . . . . . . . . . . . . . . . . . . . . . . . --.... . . . . . ... . . . . . . . . . ... -... . . . . . . . . . -.. . . . . . . . . . . . . . ... . . . . . . . . . . Queue Overload Calls .... ---. -... . . . . . . . . . . . . . . . . . . . . . ... . ... . . . . . . . . . ... . . . . . ... . . . . . . . . . . . . . . . . . . . . . .. -. ... . . . . . .............. Group Detail for 2 Statistic 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 Total Available Agents 12 Call Completions .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 9 10 4 6 5 . ... . . . . . . . . . ... . . . . . ... . ... . ... . . . . 44 Max Queue Length .. -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 2 3 1 1 Max Queue Hold Time . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.3 11.1 13.2 11.5 10.2 1.7 12.6 .... . ... . . . . . ... . . . . . ... . ... . -.. . . . . 13:13 Avg. Queue Hold T1me . . -. . . . . . --. .... . . . . . .. --... . . . . 0.2 0.5 0.3 0.2 .... 0.4 .... ---. . ... . . . . . . . . -.--. . -. . . -. . . . . :04 Abandons Calls . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1 .... . ... . . . . 1 .... . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . 2 Avg. Hold Time .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -.. -3.6 .... . ... . . . . 0.3 . ... . . . . . . . . ... -. ... . . -. . . . . . . . . . . . . 01;47 Talk Time .. . --... --.. . -.-.... . . -. . . --.... 32.2 19.1 47.9 68.9 41.3 60.2 14.1 .... . . . . . ... . . . . . . . . .... . ... . . . . . . . . 4:43:35 Queue Shutdown Calls .... . . . . . . -. . . . . . . . . . . . . . . . . . . . . 1 2 1 2 .... 1 1 ..•. . ... . . . . . ... . . . . . ... . . . . . . . . . . . . 8 Queue Overload Calls .... . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . -.-. ... . . -. . ... . . . . . . . . . . . . . ... . . . . . . . . . . . . . ... . ... . . . . . . . . . . . . . . . . . . Group Detail for 5 Statistic 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 Total Available Agents 8 Call Completions . . .. . . . . . . . . . . . . . . . . . . . . . . . . 1 12 21 14 18 9 10 9 .... . . . . . ... . . . . . . . . . ... . ... . ... . ... 94 Max Queue Length . . . . .. -. . ... . . . . . . . . . -.. . -.. 1 2 2 3 2 3 1 1 Max Queue Hold Time . ----.. -. . . -.. ---... . . . . . . . . 0.2 31.8 12.2 29.0 18.4 16.2 20.5 32.6 .... .... . . . . . . . . . ... . ... . . . . . ... . ... 32:38 Avg. Queue Hold Time .... . . . . . . . . . ... . ... . . . . . ... . . . . 1.8 1.9 3.8 2.5 0.5 1.5 3.0 .... . . . . . . . . .... . . -. . . . --... -.-. . . . . :37 Abandons Calls . . . . . . . . . . . . . ... -... . . . . . . . . 1 7 6 6 4 1 6 4 . . . . . . . . . . . . .... . . . . . ... . . . . . . . . . ... 35 Avg. Hold Time . . .. . . . . . . . . . . . . . . . . . . . . . ... 7.2 3.4 0.8 2.2 3.6 0.4 1.6 3. 6 .... . . . . . . . . .... . ... . . . . . . . . -... . ... :41 Talk Time -.-. . . . . -... --.. . ... . ... . . . . 7.2 195 105 140 163 46.3 112 120 ... --... . . . . .... . . . . . ... . . . . . -.. . . -. 14:47:37 Queue Shutdown Calls .... . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . 1 . -.. . . . . 2 1 .... . ... . ... . . . . . . . . . . . . . -.. . . . . . . . . . . . . 4 Queue Overload Calla .... . . . . . . . . . . . . . . . . .... -.. -. ... . . . . . . . . . -.. . . . . . ... . . . . . ... . . . . . . . . . ... . . . . . . . . . ... . ... . . . . . . . . . . . . . . . . . . Appendix 2: Sample Reports 94 __ ,,.,..,,~ ._.._., ,.....,,._..,...,,, I ""'""t'VII.;;JV C/ientCa/1 Center ACD Agent Summary Report Report for 0212512001. Printed on 0212512001 at 09:13AM Agent Summary for the 1 Group Agent Name Adam Steve Jennifer Totals: Logins 6 1 7 Averages for active agents: Login Time 1:29:17 :06 39:33 2:08:56 1:04:28 Agent Summary for the 2 Group Agent Name Debbie F _ Debbie S. Charles Totals: Log ins 2 9 3 Averages for active agents: Login Time :12 6:36:22 41;09 7:17:43 7:17:43 Agent Summary for the 5 Group Agent Name Chris Darrin Andrea Liz Mike Totals: Log ins 2 5 1 1 3 Averages for active agents: Call Center Summary Total Agent Calls Answered: 127 Totals: Averages for active agents: Appendix 2: Sample Reports Login Time 3:10:33 4:27:44 :17 5:40:36 13:19:10 4;26:23 Login Time 22:45:49 3:47:38 Calls 5 15 20 10.0 Calls 24 24 24.0 Calls 26 32 25 83 27.7 Calls 127 21.2 Short NoAns 0 0 4 0 4 2.0 0 0.0 Short NoAns 1 7 1 1.0 Short 0 0 0 0 0.0 Short 5 0.8 8 B.O NoAns 1 2 1 4 1.3 RoAns 12 2.0 Min Talk :14 :06 :10 Min Talk :23 :23 Min Talk :26 :04 :12 :14 Min Talk :14 Max Talk 01:21 02:45 02:03 Max Talk 27:54 ........... "' .... 27:54 Max Talk 17:37 22:51 25:32 22:00 Max Talk 16:20 Avg Talk :14 :33 :28 Avg Talk 01:14 01:14 Avg Talk 03:57 04:01 05:48 04:32 Avg Talk 03:16 t-resno I ax KI-P No. £Uthj~/o Total Talk %Talk 01:13 1\ 08:24 21\ 09:37 04:48 70 Total Talk %Talk 29:41 7l 29:41 29:41 Total Talk 1:43:03 2:08:40 2:25:20 6:17:03 2:05:41 Total Talk 6:56:21 1:09:23 •• %Talk 54t 48\ 42t 47t %Talk 3Dt %Idle 24t ot 53t 33\ %Idle •• 66t ••• ••• %Idle St 7t DO Ot 12t •• IIi Idle 30t %Wrap 1\ 100~ 1Bt 6\ \Wrap 91\ 3\ ot 3\ ~\Wrap 50 3\ Dt ot ot 20 IIi Wrap 3t lkOt.her 7Dt Ot 30 sot \Other 00 •• Dt St lkOther 320 •• Ot 100\ 3Dt 23\ II;.Other 20t 95 Calls/Hr 5.0 15.0 20.0 Calls/Hr 24.0 24.0 Calls/Hr 26.0 16.0 12.5 ............... 13-8 Calls/Hr 21.2 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Electronic Payment Server Batch Report Report printed on September 25,2001 at 02:39PM Batch Number: 00129 Merchant Name: Sonant-Test Merchant Batch Processor: ACH Commerce Batch State: Batch settled by processor. Settlement Response: "Accepted" Open Date/Time 09/25/2001 14:19:17 Close Date/Time 09/25/2001 14:20:42 Settlement Date/Time 09/25/2001 14:20:43 Authorized Transactions Terminal: Voice No. Tranoaction_Id Client Date Time 0001 0000000382 9009 09/25/2001 14:19:20 0002 0000000385 9012 09/25/2001 14:19:23 0003 0000000394 9021 09/25/2001 14~19:32 0001 0000000390 9017 09/25/2001 14:19:28 0001 0000000374 9001 09/25/2001 14:19:14 0002 0000000375 9002 09/25/2001 14:19; 14 0003 0000000376 9003 09/25/2001 14:19:1.4 0004 0000000377 9004 09/25/2001 14:19:14 ooos 0000000383 901.0 09/25/2001 14;19:20 0006 0000000389 901.6 09/25/2001 14:19:27 0007 0000000396 9023 09/25/2001 14:19:34 0008 0000000399 9026 09/25/2001 14:19:37 0009 0000000400 9027 09/25/2001 1.4:19:38 0001 0000000378 9005 09/25/2001 1.4:19:16 0002 0000000380 9007 09/25/2001 14:19:17 0003 0000000388 9015 09/25/2001 14:19:25 Terminal: Web Ho. Transaction_Id Client Date Time 0001 0000000379 9006 09/25/2001 14:19:17 0002 0000000386 9013 09/25/2001 14:19:24 0003 0000000401 9028 09/25/2001 14:19:39 0001 0000000391 9018 09/25/2001 14:19:29 0002 0000000395 9022 09/25/2001 14:19:33 0001 0000000387 9014 09/25/2001 14:19:25 0002 0000000392 9019 09/25/2001 14:19:30 0001 0000000381 9008 09/25/2001 14:19:19 0002 0000000384 9011 09/25/2001 14:1.9:22 0003 0000000393 9020 09/25/2001 14:19:30 0004 0000000398 9025 09/25/2001 14:19:35 Appendix 2: Sample Reports Rounting/Traneit ID Account Number Amount 559900000000 009009009009 640.38 559900000000 00901200!:1012 288.76 559900000000 009021009021 826.89 371449635392 009017009017 716.12 601100000000 009001009001 630.59 601100000000 009002009002 59.09 601100000000 009003009003 842.79 601100000000 009004009004 736.46 601100000000 009010009010 601.51 601100000000 009016009016 657.41 601100000000 009023009023 612.76 601100000000 009026009026 498.53 601100000000 009027009027 4. 63 385555650100 009005009005 527.51 385555650100 009007009007 49.93 385555650100 009015009015 694.80 •a••••"""" Voice Total; $8.388.16 Rounting/Transit ID Account Number Amount 421700000000 009006009006 203.62 421700000000 009013009013 633.89 421700000000 009028009028 62.83 559900000000 009018009018 755.67 559900000000 009022009022 912.03 371449635392 009014009014 910.88 371449635392 009019009019 847.30 601100000000 009008009008 853.65 601100000000 0090)..100901.1 154.4.8 601100000000 009020009020 138.23 601100000000 009025009025 825.02 Parcel Number 1000101172 2000131524 2000221252 5000lB1616 2000021400 5000031648 3000041692 2000051920 5000111612 2000171268 3000241540 5000272084 2000028436 2000061700 5000081216 1000161512 Parcel Number 3000072156 1000142192 1000029724 3000019924 5000231716 3000151500 5000201620 1000091472 4.0001.21944 3000211664 5000261444 Settled Total $16,705.91 96 Sonant Corporation Response Terminal: Web (cont) No. Transaction_Id Client Date Time 0005 0000000402 9029 09/25/2001. 14:19:39 0001 0000000373 9000 09/25/2001 14:19:14 0002 0000000397 9024 09/25/2001 14:19:35 Appendix 2: Sample Reports Rounting/Transit 601100000000 385555650100 385555650100 ID Account Number Amount 009029009029 675.68 009000009000 691.29 009024009024 653.18 Web Payment Total: $8.317.75 Purchase Transactions Total: $16,705.91 Batch Total: $16,705.91 Fresno Tax RFP No. 206-3975 Parcel Number 1000302096 4000001932 1000025548 97 Sonant Corporation Response Electronic Payment Server Batch Report Report printed on September 25,2001 at 02:29 PM Batch Number: 00130 Merchant Name: Sonant-Test Merchant Batch Processor: VitaiNisa Batch State: Batch settled by processor. Settlement Response: "Accepted" Open Date/Time 09/25/2001 14:23:13 Authorized Transactions Terminal: Voice Card Type: Visa-1 transactions. No. Transaction_Id Client 0001 0000000411 9008 Date 09/25/2001 Close Date/Time 09/25/2001 14:23:38 Time 14:23:17 Card_ID 4217000000000001 Exp. 1202 AVS 85284 Settlement Date/Time 09/25/2001 14:23:38 Fresno Tax RFP No. 208-3975 Settled Total $10,638.22 Amount ABC ARC ADS AVR AppCode Terminal_Message Parcel Number 3000009548 653.51 00 @ Y 009008 APPROVAL 009008 = ......... Visa Total: $653.51 Card Type: American Express -3 transactions. No. Transaction_Id Client Date Time Card_ID Exp. AVS Amount ABC ARC ADS AVR AppCode Terminal_Message Parcel Number 0001 0000000410 9007 09/25/2001 14:23:16 371449635392376 1202 85284 870.30 00 .. y 009007 APPROVAL 009007 3000081444 0002 0000000415 9012 09/25/2001 14:23:22 3 7144 963 53 923 76 1202 85284 651.21 00 .. y 009012 APPROVAL 009012 2000131620 0003 0000000418 9015 09/25/2001 14:23:25 371449635392376 1202 85284 226.31 00 Iii y 009015 APJ?ROVAL 009015 1000161512 "'•aaaaaa American Express Total: $1,747.82 Card Type: Discover - 1 transactions. No. Transaction_Id Client Date Time Card ID Exp. AVS Amount ABC ARC ADS AVR AppCode Terminal_Message Parcel Number 0001 0000000407 9004 09/25/2001 14; 23:13 6011000000000004 1202 85284 182.20 00 " y 009004 APPROVAL 009004 5000005256 ......... ., ....... liS Discover Total: $182.20 Card Type: Diners Club -3 transactions. No. Transaction_Id Client Date Time Card_ID Exp. AVS Amount ASC ARC ADS AVR AppCode Terminal_Message Parcel Number 0001 0000000403 9000 09/25/2001 14:23:13 38555565010005 1202 85284 368.96 00 Iii y 009000 APPROVAL 009000 4000012104 0002 0000000417 9014 09/25/2001 14:23:24 38555565010005 1202 85284 135.89 00 .. y 009014 APPROVAL 009014 5000151716 0003 0000000422 9019 09/25/2001 14:23:28 38555565010005 1202 85284 373.33 00 @ y 009019 APPROVAL 009019 1000020924 """""' ___ ,_ Diners Club Total: $878.18 ................ Terminal TIPS Voice Total: $3.461.71 Appendix 2: Sample Reports 98 VUIIGllll VUI tJUI dUUII N.t:::i}JUIISe Fresno I ax Hl-P No. 2Utl-:3975 Tennina/: Web Payment Card Type: Visa -2 transactions. No. Transaction_Id Client Date Time Card_ID Exp. AVS Amount ABC ARC ADS AVR AppCode Terminal_Message 0001 0000000412 9009 09/25/2001 14:23:19 4217000000000001 1202 85284 836.92 00 .. y 009009 APPROVAL 009009 0002 0000000421 9018 09/25/2001 14:23:27 4217000000000001 1202 85284 263.79 00 .. y 009018 APPROVAL 009018 ""=' ........ = Visa Total: $1.100.71 Card Type; MasterCard - 3 transactions. No. Transaction_Id Client Date Time Card_ID Exp. AVS Amount ABC ARC ADS AVR AppCode Termdnal_Message 0001 0000000408 9005 09/25/2001 14:23:15 5599000000000006 1202 85284 323.41 00 .. y 009005 APPROVAL 009005 0002 0000000409 9006 09/25/2001 14:23:16 5599000000000006 1202 85284 843.65 00 .. y 009006 APPROVAL 009006 0003 0000000420 9017 09/25/2001 14:23:27 5599000000000006 1202 85284 498.89 00 @ y 009017 APPROVAL 009017 =~ ............ MasterCard Total: $1,665.95 Card Type: Discover -4 transactions. No. Transaction_Id Client Date Time Card_ID Exp. AVS Amount ASC ARC ADS AVR AppCode Terminal_Message 0001 0000000404 9001 09/25/2001 14:23:13 6011000000000004 1202 85284 985.43 00 @ y 009001 APPROVAL 009001 0002 0000000406 9003 09/25/2001 14:23:13 6011000000000004 1202 85284 242.34 00 " y 009003 APPROVAL 009003 0003 0000000413 9010 09/25/2001 14:23:20 6011000000000004 1202 85284 933.23 00 @ y 009010 APPROVAL 009010 0004 0000000416 9013 09/25/2001 14:23:22 6011000000000004 1202 85264 697.95 00 @ y 009013 APPROVAL 009013 ............... Discover Total: $2.858.95 Card Type; Diners Club -3 transactions. No. Transaction_Id Client 0001 0000000405 9002 0002 0000000414 9011 0003 0000000419 9016 Legend: ADS: Authorization Data Source ARC; Aulhonzatlon Response Code Date 09/25/2001 09/25/2001 09/25/2001 Time 14:23:13 14:23:21 14:23:26 Card_ID Exp. AVS 38555565010005 1202 85284 38555565010005 1202 85284 38555565010005 1202 85284 Diners Club Total: Terminal Web Payment Total: Purchase Transactions Total: Batch Total: Amount ABC ARC ADS AVR AppCode Termdnal_Message 334.98 00 @ y 009002 APPROVAL 009002 360.66 00 "' y 009011 APPROVAL 0051011 855.26 00 @ y 009016 APPROVAL 009016 .................. $1.550.90 .............. $7.176.51 ............... $10,638.22 ................. $10.638.22 ASC: AuthonzatJon Summary Code (A=Authorized, D=Decfined, N=NotAuthorized, P=Processor Problem, T=Temp. Problem, X=Authorizatlon Failed, Blank=Authorizalion not started) AVR. Address Venficalion Result (ZIP Code Match) (N=No match, W=9 digit match, Z=5 digit match) AVS: Address Verfication Services (Cardholder's ZIP Code). N=No match, W=Q digit match, Z=5 dig1t match Client Identifies the caller port Formatted as MPPP where M=Machine 10 and PPP=Port * Transaction contain mulllple items. Double dick on lme to view transaction details. Appendix 2: Sample Reports Parcel Humber 5000101252 2000191172 Parcel Number 3000062096 5000072084 1000181612 Parcel Humber 4000021996 1000042~44 1000011436 4000141268 Parcel Number 4000031892 1000121664 2000171944 99 Sonant Corporation Response Fresno Tax RFP No. 208-3975 Appendix 3: Product Literature Appendix 3: Product Literature 100 COUNTY OF FRESNO ADDENDUM NUMBER: ONE (1) RFP NUMBER: 208-3975 TAX COLLECTOR IVRIWEB INFORMATION June 25, 2004 PURCHASING USE ORG/REQUISITION: I jig C:\DOCUMENTS AND SETTINGS\VFILIPPIILOCAL APORT ANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME MARKED LEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMIL TON AVENUE FRESNO, CA 93702-4599 !CLOSING DATE OF PROPOSAL WILL BE AT 2:00P.M., ON JULY 15, 2004.1 •ROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M. Proposals will be opened and publicly read at that time. All proposal information will be available for review after contract award. :larification of specifications are to be directed to: Gary W. Parkinson, phone (559) 456-7110, FAX (559) 456-7831. IOTE THE ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST 'OR PROPOSAL NUMBER: 208-3975 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN AND tETURN THIS ADDENDUM WITH YOUR PROPOSAL. The following tax documents are attached. A. Secured Property Tax Bill B. Unsecured Property Tax Bill C. Supplemental Property Tax Bill D. Abstract of Delinquent Secured Taxes or Certificate of Redemption The above documents are included to provide the bidder a better understanding of County's needs as identified under this RFP. ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE 11\ TO REP 208-3975 COMPANY NAME: (PRINT) SIGNATURE: NAME & TITLE: (PRINT) C:\DOCUMENTS AND SETTINGS\VFILIPPI\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK2E\20B-3975 ADD #1.DOC (12/03) ADDENDUM NO. ONE (1) REQUEST FOR PROPOSAL NUMBER: 208-3975 June 25, 2004 Page 2 2. Various questions pertaining to the RFP have been submitted by potential bidders, each question is listed below with County's response. A. Vendor Question: If the County selected to outsource the payment solution, would they possibly decide to host the system themselves at a later date? County Response: That would always be a possibility. B. Vendor Question: 2. What are the County's business rules for rejected payments- refunds? County Response: The County refund policy for items that reject from the system are governed by the California State Revenue and Taxation Code Sections 5096 -5180. C. Vendor Question: If a payment is accepted at the cashier window and through the IVR-Web system on the same day, which payment will you refund? County Response: If two payments apply on the same day and we can determine which payment was the second/replicated payment, the second/replicated payment will be refunded. If we are unable to determine which payment was the second/ replicated payment, we will refund the mail or cashier payment and accept the credit card or ACH payment. D. County banking relationships 1. Vendor Question: Does the County have a preferred acquiring bank? County Response: Answer-Bank of the West (NOVA) 2. Vendor Question: What bank is the currently depository bank for the existing a- commerce program {Plumtree)? County Response: E-commerce does not currently have a payment module. They will be added to whatever payment system is selected for the Tax Collector's IVR-WEB System E. Vendor Question: On Page 19, section 1, the RFP states that the winning vendor must integrate with the Plumtree a-commerce system. Will the new system eventually replace this existing system, or permanently integrate with it? If so, what type of payments will be managed by the old system and which be the new one? County Response: the e-commerce system is a portal software that will manage various applications for varies department and agencies. It does not have a payment piece. The TIC IVR-WEB payment solution must be robust enough to be able to handle payments from the various application software that will become part of the a- commerce system. C:\DOCUMENTS AND SETTINGSIVFILIPPI\LOCAL SETIINGS\TEMPORARY INTERNET FILES\OLK2E\208-3975 ADD #1.DOC ADDENDUM NO. ONE (1) REQUEST FOR PROPOSAL NUMBER: 208-3975 June 25, 2004 Page 3 F. Vendor Question: On page 22, section 1 0.9, the RFP states that the vendor must provide 12 years of bill payment history to the customer. Will the vendor or the County host this data? County Response: The County will host the data. G. Vendor Question: On page 23, question 18 and 19, the RFP refers to transferring data to the vendor. Does the County envision periodically updating the vendor with file transfers, or having the vendor dynamically integrate with the County's COBOL property system? County Response: We envision a daily updating the vendor with a file transfer. H. Vendor Question: Should the vendor propose a kiosk provider, or will the County provide kiosks? County Response: Vendor should propose a kiosk provider. The County is open to various public workstation solutions. I. Vendor Question: On page 25, question 34.1, the County refers to a cash register. Is the County also seeking an in person payment solution and/or cashiering system? County Response: We will consider cashiering system separately. Please delete cashiering system from the RFP. J. Vendor Question: On page 26, question 38, the County refers to transaction fees. Does the County intend to implement a convenience fee model? County Response: The Tax Collector plans to implement a convenience fee. We would like a system that can handle fee transactions for some departments/agencies and non-fee transactions for other departments/agencies. This would be up to the individual department or agencies at the time they desire to interface with the payment portion of the system. K. Vendor Question: Does the County Treasurer's Office expect the system to enable centralized control of transaction types (e.g. credit card type, ACH) available at the application level? County Response: No. The County does not expect to dynamically change the transaction types without using the e-payment vendor. L. Vendor Question: Does the County expect the proposed system to control and analyze collection float, transaction costs, etc. to enable optimization of e-payment cash flows from a cost management perspective? County Response: Yes, we expected reports that would help in this area. M. Vendor Question: Should the proposal include a provider of ACH services? County Response: Yes. C:IDOCUMENTS AND SETIINGS\VFILIPPI\LOCAL SETIINGS\TEMPORARY INTERNET FILESIOLK2E\208·3975 ADD #1.DOC COUNTY OF FRESNO ADDENDUM NUMBER: TWO (2) RFP NUMBER: 208-3975 TAX COLLECTOR IVRIWEB INFORMATION July 9, 2004 PURCHASING USE ORGIREQUISITION: [ORG) I [requisition] [TYPIS1] C:\DOCUMENTS AND SETTINGSIVFILIPPfiLOCAL ~PORT ANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME MARKED :LEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing . 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 !CILOSING DATE OF PROPOSAL WILL BE AT 2:00P.M., ON JULY 151 2004 .JULY 22, 2004.1 'ROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M. Proposals will be opened and publicly read at that time. All proposal information will be available for review after contract award. :larification of specifications are to be directed to: Gary W. Parkinson, phone (559) 456-7110, FAX (559) 456-7831. IOTE THE FOLLOWING ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF tEQUEST FOR PROPOSAL NUMBER: 208-3975 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN •ND RETURN THIS ADDENDUM WITH YOUR PROPOSAL. CHANGE IN BID DUE DATE "CLOSING DATE OF PROPOSAL WILL BE AT 2:00P.M. ON JULY 22, 2004" ACKNOWLEDGMENT OF ADDENDUM NUMBER TWO 121 TO REP 208-3975 COMPANY NAME: (PRINT) SIGNATURE: NAME & TITLE: (PRINT) C:IDOCUMENTS AND SETTINGSIVFILIPPIILOCAL SETTINGS\TEMPORARY INTERNET FILESIOLK2EI208·3975 ADD #2.DOC (12/03) C:IDOCUMENTS AND SETTINGS\VFILIPPI\LOCAL SETTINGS\ TEMPORARY INTERNET FILES\OLK2E\208-3975 ADD #2.DOC COUNTY OF FRESNO ADDENDUM NUMBER: THREE (3) RFP NUMBER: 208-3975 TAX COLLECTOR IVRIWEB July 14, 2004 PURCHASING USE ORG/REQUISITION: 89050073/8904040684 jol C:IDOCUMENTS AND SETTINGSIVFILIPPI\LOCAL ~PORT ANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME MARKED LEARL YON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMIL TON AVENUE FRESNO, CA 93702-4599 !CLOSING DATE OF PROPOSAL WILL BE AT 2:00 P.M., ON JULY 22, 2004.1 ROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M. Proposals will be opened and publicly read at that time. All proposal information will be available for review after contract award. larification of specifications are to be directed to: Gary W. Parkinson, phone (559) 456-7110, FAX (559) 456-7831. IOTE THE FOLLOWING AND A IT ACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE :EQUIREMENTS OF REQUEST FOR PROPOSAL NUMBER: 208-3975 AND INCLUDE THEM IN YOUR :ESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR PROPOSAL ADDITIONAL QUESTIONS AND ANSWERS BIDDERS CONFERENCE SIGN UP SHEET ACKNOWLEDGMENT OF ADDENDUM NUMBER THREE 131 TO REP 208-3975 COMPANY NAME: (PRINT) SIGNATURE: NAME & TITLE: (PRIND C:IDOCUMENTS AND SEITINGS\VFILIPPIILOCAL SEITINGSITEMPORARY INTERNET FILESIOLK2E\208-3975 ADD -#3.DOC (1 2/03) ADDENDUM NO. THREE (3) REQUEST FOR PROPOSAL NUMBER: 208-3975 July 14, 2004 FRESNO COUNTY ACTTC-TAX COLLECTION DIVISION Responses to RFP 208-3975 Questions July 6, 2004 -Official Payments: Page 2 1. The cashiering system as referenced in Question 16-is this a system that the County currently operates, or is this a system that the County is asking the vendor to provide? We will not be implementing a cashiering system at this time, so delete all reference to that system. Tax Payments received in person will be handled entirely by the County with its own Remittance Processing System (lmageRPS from Wausau Financial Systems, Inc.) This is a data stream completely separate from the payment transactions file received from the online system you will propose. 2. Does this/will this cashiering system support face-to-face transactions between the County and the customer? We will not be implementing a cashiering system at this time, so delete all reference to that system. 3. Please provide further description of "the banking and payment system" as referenced in 10.1 integration. We mean the system you are proposing and we would like to look at all the options you offer. We believe our options to be the following: 1) We host the entire system and deal directly with our banking relationships. 2) The vendor hosts the entire system and we still deal with our banking relationships. 3) The vendor hosts the entire system and ACH the money and transmit a file to us daily. Please describe the system or systems that you would have available. June 30, 2004-Giber, Inc.: 1. Does the Nortel switch send the information using TSAPI or TCP/IP? The Norte/ Succession 3. 0 needs to be utilized. Vendors can also refer to the Norte/ web site for a product Matrix. C:IDOCUMENTS AND SETIINGSIVFILIPPI\LOCAL SETIINGSITEMPORARY INTERNET FILESIOLK2E\208-3975 ADD -#3.DOC ADDENDUM NO. THREE (3) REQUEST FOR PROPOSAL NUMBER: 208-3975 July 14, 2004 Page 3 2. Please provide more detail about what the County would like to see on operator screens and in what scenarios. Is it adequate to send a web browser link to the operator client software and then display the information in a web browser? We would like to see all the information that is currently available on our system screens for each tax roll. If a person is looking up prior year delinquent taxes on the IVR and wishes to speak to a customer service representative, then the Secured Delinquent screen information should pop up. If the person is looking up current taxes, then the Current Secured screen information should pop up. A web browser link to the operator client software is certainly an option or our actual Property Tax system screens can pop up. 3. Can the County host the IVR equipment? Yes, we have a data center set up for the County's servers. 4. Will you be publishing the vendor list that attended the bidder conference? ATTACHED June 28, 2004-Govolution: 1. On page 22, section 1 0.9, the RFP states that the vendor must provide 12 years of bill payment history to the customer.· a. Does the County have only 2 years of bill payment history on file today? Current Secured-2003-04 plus 2004-05 will be available October 1. Supplemental-2003-04 plus billings after June 30, 2004. Secured Delinquent-We only need current owing Current Secured-2003-04 and 2004-05 b. In what format is the bill payment history today and on what equipment is it stored? Each rolf has its own master fife and format. The payment history is stored on the master file and we do not expect the vendor to update those file. Our office will provide a file of updated information from those master files on a daily basis. At the end ofthe fiscal year; the Vendor needs to keep the final payment history records for that fiscal year as presented by our office for a 12 year period. c. What is the size in kilobytes of a typical bill? Our current bills are made up of a preprinted form and data from the system is printed on the preprinted form. Copies of the bills were provided to each vendor. The size of the record in your data base will depend on your database management system but will be at least the sum of the data fields represented on the printed bill plus system and auditing overhead. C:IDOCUMENTS AND SETTINGS\VFILIPPI\LOCAL SETIINGS\TEMPORARY INTERNET FILESIOLK2EI208·3975 ADD -#3.DOC ADDENDUM NO. THREE (3) REQUEST FOR PROPOSAL NUMBER: 208-3975 July 14, 2004 Page4 2. On page 23, questions 18 and 19, the RFP refers to transferring data to the vendor. a. Describe the current mainframe infrastructure-from a hardware, software, and database perspective. What is the hardware, how is account information currently stored, what is the current data schema, what are the current data update frequencies, is there an existing mainframe integration tool in place to expose the account information to the payment system? The Property Tax system uses an IBM 390. The mainframe is housed at the EDS Service Center. The system is updated once daily. Screen scrapping is the only integration tool in place for a foreign system to secure account information. The County will responsible for extracting the necessary data from the Property Tax System and will present the vendor with a daily interface file in a mutually agreed format (to be developed during the initial project phase). June 25, 2004-Official Payments Corp: 1. The RFP requires our answers to restate each section of the scope of work, which we feel would make the response cumbersome. We will make our responses very clear and will include some of the language used to each section so that there will be no confusion. Will we be penalized for not restating exactly each section? The intent is that RFP response is easy to follow and consistent with the instructions given. · 2. Sections 10.8 -10.10 lead us to believe that the county is looking for the functionality of a full back end remittance system, not just reporting and history on credit card transactions. Is this accurate? We are not sure what is meant by a "full back end remittance system· June 25, 2004-Sonant: 1. Is there an estimate of the number of telephone lines needed to handle incoming calls during peak calling period? If not, is there an estimate number of calls to be received during the tax payment periods of April and December? Since we do not currently have an IVR, it is difficult to estimate the number of calls. Another County that has about 350,000 secured parcels (Fresno County has 268,000) reports in their first year of usage the following information: IVR December 2003 April2004 Phone calls 2,400 2,000 Payments 591 497 The payments are exact numbers and they believe they have a 411 ratio for phone calls vs. payments (phone calls are estimated). C:IDOCUMENTS AND SETIINGSIVFILIPP~LOCAL SETIINGS\TEMPORARY INTERNET FILESIOLK2E\208·3975 ADO -#3.00C ADDENDUM NO. THREE (3) REQUEST FOR PROPOSAL NUMBER: 208-3975 July 14, 2004 Most call were made between the first and the 1 01h of the month. PageS 2. What level of service (percent of "busy" received by callers) is acceptable during the peak calling period (e.g.1 %, 5%, 1 0%)? 10 -15 percent is acceptable 3. Is there a preference for either analog or digital (T-1) inbound telephone circuits? The type that would work best with our current system is Northern Telecom Digital 26-16 station lines with ANI. This would include Caller /D. 4. How many Tax Collector staff members will need to receive calls that are transferred from the IVR sxstem? Currently, up to 13 staff could take calls. 5. Does the Tax Collector's staff use digital multi-button phone sets, or single line sets? Mostly single line sets. We do have one multi-line phone that is used by our Receptionist to answer and distribute the phone calls. 6. SOW Section 1: Is the information for all tax rolls accessible via a single request to the database? Realtime access will not be available. Our property system handles each roll separately. However, we can provide separate files or can combine files into one file depending on your requirements. We will transfer tax roll infonnation once a day to a location, which will be accessible by the IVR-WEB system. 7. SOW Section 1 and 10.9: Section 1 mentions five tax rolls, but Section 10.9 only mentions the Current Secured Tax Roll. Do you also have two years of history electronically for each of the other tax rolls? Fresno County has the following infonnation on the tax rolls: Current Secured 2 years Supplemental 2 years Secured Delinquent/Abstract Roll Current year will include all prior year outstanding taxes. No other infonnation will be needed. Current Unsecured 2 years Prior Unsecured-will not be available as these charge have been transferred to the County's Revenue Reimbursement (central collections). C:\DOCUMENTS AND SETIINGS\VFILIPPnLOCAL SETIINGS\TEMPORARY INTERNET FILES\OLK2E\20S·3975 ADD -#3.00C ADDENDUM NO. THREE (3) REQUEST FOR PROPOSAL NUMBER: 208-3975 July 14, 2004 Page 6 8. SOW Section1 0.2: What business rules and mainframe database documentation will be available to the selected vendor at the time of award? Business rules for payments and penalties will be available upon confirmation of the exact rules that are needed. 9. SOW Section 10.2: Are you planning on digital T-1 telephone line input to the system so that ANI can be provided for "Tracking' the callers who identify a parcel that shows defaulted taxes applied? See answer to your question No. 3 above. 1 0. SOW Section 10.8: What is the content of the "accounts receivable' report that is to be included in the system capabilities? Payments received report-A listing of all payments received for a specific date and time period. This would include parcel number, installment number, type of payment (credit card ore-check) etc. 11. SOW Section 10.9: Is there any requirement to provide access to the history other than that required for the IVR or IWR? Not that we are aware of. What other history access do you believe might need to be provided. 12. SOW Sections 10.9, 18, 19, 20, and 28: Do "current property system,' host systems,' "COBOL Property System,' "COUNTY mainframe-bases systems" and "COUNTY mainframe" all refer to the same database/application? Yes 13. SOW Sections 10.9 and 28: In order to avoid the pitfalls of dual databases, is it acceptable to retrieve data concerning the current prior year from your existing database(s) and the prior years from the IVRIIWR" History Table? Dual data bases will be required. No real time access will be available. 14. SOW Section 10.10: What "tax service agencies" and "taxpayers bills' are not included in the annual bill that is normally received by the taxpayer? C:\DOCUMENTS AND SETIINGS\VFILIPP~LOCAL SETIINGSITEMPORARY INTERNET FILESIOLK2E\208-3975 ADD -#3.DOC ADDENDUM NO. THREE (3) REQUEST FOR PROPOSAL NUMBER: 208-3975 July 14, 2004 Page 7 Sony, eliminate this requirement as it will not be possible unless you can search by name and that will not be possible. 15. SOW Section 10.12: Since Debit cards are reserved for "card Present: situations, are they only a requirement of the cashiering inputs? Since we will not have cashiering, please delete. 16. SOW Section 20: What is the "default number? What is the relationship between this number and the parcel number? A default number is a control number assigned to a property after the first year taxes are not paid and the property is declared to be in default. At this time the current year delinquent taxes transfer to the Secured Delinquent/Abstract tax roll. In most cases, there is a one to one relationship but there are a few conditions (example -bankruptcy payments) in which there can be one parcel number to 2 default numbers. C:IDOCUMENTS AND SETIINGS\VFILIPP~LOCAL SETTINGS\ TEMPORARY INTERNET FILESIOLK2E\20B-3975 ADD .JI3.DOC ADDENDUM NO. THREE (3) REQUEST FOR PROPOSAL NUMBER: 208-3975 July 14, 2004 Page 8 BID NO.: :208~ 3'f75 r'j~:J 1 f:::·"'i DATE: 6 -/tr-OY tll;(.~w,~ ·;:.,....., "7'"A,.. ("OCG&'C~ ---JOB SITE INSPECTION '-1: VENDOR CONFERENCE COMPANY RESS s~, e.r or. '1.~ I CCM/P*H NAME O,!._~JN ;-;- /) /.]_ COMPANY REPRESENTATIVE ~-' 0 t..:.N ;t I I 9 ~ DI!SCRJPT1DN 0Jr BID BIO'DUE DATE BUYER _ ___~,c;..;z_=:~="':~--- ""PH"'CN""E"'N"'U .. ;r.ER.,;=.-- G;VMSTER DOCUMEN11Sl81D-SIGN-IN SHEET PQ54.QOC CUMENTS AND SETI!NGS\VFILIPPI\LOCAL SETIINGS\TEMPORARY INTERNET FILESIOLK2E\208-3975 ADO -413.00C