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Agenda 11/13/2012 Item #16C711/13/2012 Item 16.C.7. EXECUTIVE SUMMARY Recommendation to approve an amendment in the amount of $26,900 to Contract 906 -3972 with Tele- Works, Inc., to transfer the existing delinquent water /sewer customer account courtesy calling system to a hosted environment. OBJECTIVE: Transfer the Utility Billing and Customer Service Department's existing Tele- Works, Inc., (TWI) eVision server -based delinquent water /sewer customer account courtesy call system to a hosted environment: TWI's Automated Outbound Delinquency Campaign Management application. CONSIDERATIONS: The server for the current system is a non - standard server residing on the County Manager Agency's data network. This server has reached the end of its contracted TWI maintenance service life. Instead of replacing the server hardware, the project management team recommends moving this application to a hosted environment. This will eliminate the need to replace the existing server, provide additional functionality to the system, and improve utility collection rates. These features will enable automated calls to customers with delinquent accounts, including the service location of the delinquent account. and will call all accounts with a past due balance. The hosted Automated Outbound Delinquency Campaign Management environment eliminates the need to replace the existing server and has the following additional functionality: • Text to speech capability • Automated call scheduling • Ability to identify the service location of the delinquent account • Will call all accounts with a past due balance, even if multiple accounts are owned by the same person. The existing delinquent water /sewer account courtesy call system calls customers with a past due balance greater than $5.00 as a courtesy to remind them that payment has not been received. During each outbound call cycle, the system makes three attempts to reach each customer and calls approximately 34,000 customers per year. The process is as follows: • Monthly bills are delinquent 20 days past the bill statement date • The billing system (Harris inHANCE) generates calling lists based on days outstanding • The customer with a delinquent balance automatically receives a courtesy call (three call attempts) 20 days past the due date (40 days from the bill statement date) • If the outstanding balance is not paid, the customer receives a second courtesy call (three attempts) 30 days past the due date (50 days from the bill statement date) • If the outstanding balance is not paid, the water service is discontinued (meter locked) approximately 52 days from the bill statement date. Packet Page -1999- 11/13/2012 Item 16.C.7. The current system is no longer supported; should it fail, the utility will no longer be able to process automated courtesy calls. In accordance with the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, Ordinance No. 2001 -73, service is discontinued when an account is delinquent for non- payinent of bills. Implementation costs are as follows. 3Ac>dq� b ..x �. Cost . � : . TWI — Automated Outbound Delinquency Campaign Management one time set up fee in FYI $18,000 TWI - Annual Maintenance /Automated Outbound Delinquency Campaign Management (recurring) FYI for 9 months $3,500 TWI — Annual Call pre -paid minutes (estimated at 30,000 minutes) — surplus minutes roll to following year $5,400 Contract Amendment Total $26,900 The Contract Amendment is attached at Exhibit A -2 FISCAL IMPACT: Funds in the amount of $18,000 for one -time set up costs are available in the Water User Fees Fund (412) and the Sewer User Fees Fund (414). On -going maintenance and pre -paid minutes costs are available in the Collier County Water -Sewer District Operating Fund (408). GROWTH MANAGEMENT IMPACT: The project associated with this Amendment is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient, and requires a majority vote for approval. - ERP RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District, approve an amendment in the amount of $26,900 to Contract #06 -3972 with Tele- Works, Inc., to transfer the existing delinquent water /sewer account courtesy calling system to a TWI- hosted environment; and, authorize the Chairman to sign the amendment. PREPARED BY: Peter Lund, Manager, Customer Service and Education and Compliance, Utility Billing and Customer Service Department Packet Page -2000- 11/13/2012 Item 16.C.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.7. Item Summary: Recommendation to approve an amendment in the amount of $26,900 to Contract #06 -3972 with Tele- Works, Inc., to transfer the existing delinquent water /sewer customer account courtesy calling system to a hosted environment. Meeting Date: 11/13/2012 Prepared By Name: debbie chinn Title: Administrative Assistant,Utilities Finance Operati 10/22/2012 10:21:37 AM Submitted by Title: VALUE MISSING Name: LundPeter 10/22/2012 10:21:3 8 AM Approved By Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations Date: 10/22/2012 10:47:53 AM Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 10/22/2012 1:27:19 PM Name: Susan Jacobs Title: Operations Analyst, Public Utilities Date: 10/22/2012 2:35:10 PM Name: BerriosMike Title: Manager - Network Operations,Infonnation Technology Date: 10/22/2012 3:36:19 PM Packet Page -2001- Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 10/22/2012 4:31:11 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 10/23/2012 10:54:20 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 10/24/2012 5:25:46 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/26/2012 11:56:43 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 10/29/2012 10:23:30 AM Name: KlatzkowJeff Title: County Attorney Date: 10/29/2012 11:33:59 AM Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Date: 10/29/2012 12:00:15 PM Name: UsherSusan Title: Management /Budget Analyst, Senior,Office of Manage Date: 11/2/2012 2:32:39 PM Name: OchsLeo Title: County Manager Date: 11/4/2012 12:24:36 PM Packet Page -2002- 11/13/2012 Item 16.C.7. 11/13/2012 Item 16.C.7. EXHIBIT A -2 Contract Amendment No. 2 06 -3972 "Utility Billing Interactive Voice Response" This amendment, dated , 2012 to the referenced agreement shall be by and between the parties to the original agreement, Tele- Works, Inc., (to be referred to as "Tele- Works") and Collier County, Florida, (to be referred to as "County "). RE: Contract # 06 -3972 "Utility Billing Interactive Voice Response" In order to continue the services provided for in the original Contract document referenced above, Tele -Works agrees to amend the above referenced Contract to provide Outbound Campaign Management using Automated Outbound Delinquency Campaign Management in the amount of Twenty Six Thousand Nine Hundred Dollars ($26,900.00) as described in Exhibit A2 -A "Statement of Work #7807 ", attached herein and incorporated by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, Tele -Works and County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate Secretary /Witness By;��� „tom Dated: 1! z} j 2 z ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: (e? Firm 4� Tele- Works, nc. By: Law A&u J 4^i_ Title: V2 5"S1R4as Z,"AA W► Dated: a,;L 2_617- OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred Coyle, Chairman Page 1 of 1 Packet Page -2003- 11/13/2012 Item 16.C.7. Exhibit A2 - -A "TAT,T-, r,34T 3FZV` RK Tele- Wcrks, Inc. (TWI) SOW No. 7807 Date: July 13, 2012 Agency: Collier County, FL Account Manager: Nicole Haskins Contact: Peter Lund Phone: (540) 953.2631 x462 PRIrrhIC rc tie r rn snn v un n w va Product or Service Pre -Paid minutes Package One -Time Fee Annual Fee OUTBOUND CAMPAIGN MANAGEMENT Using $e,aon $18,000 ;1.500 Eith.s... Automated Outbound Delinquency Campaign Management Application Scheduled & Fully Automated Delinquency Notifications (Single Program) • Completely Developed by Tele -Works • Automated Data Extraction rrom 1nHance • Call Disposition Updates into ]nHanee • - Prepaid Minutes.Packagr (30,000Ivlinures) OR :- rf3uNtea ' at Price = � 5 �__- -&g3A0 x'Vlrnu es a`�1.'sge"(9f1:999•iNlinsreva} Em Purchase Order TOTAL $26,900!$$,99'8 -? ~` {� (NOTE: The Purchase Order Total depends on the Agengv's choice between the two ci)aons provided for the delivery of Outbound Campaign Management functionaliti .) Optional Product or Service Pre.Paid i Une.Tirae TA nnual Minutes I Fee Fee^ Package • 1.lulbeuad- Gail -iwNs • Frtaaia- Alotifnat� r. SkFfi- 3'r•�i-hFeiif`teaeiu+ea I "Pteee<3�tr- Rey�nttet,i�tx�iay Prepaid Viwerset.4 ackage R@. .4>tetlwar�a��'otau— - ^ Ongoing annual lees. Alertworksoutbouad c, idiutr minutes are purchased is advance: pre-paid minute packages am. refilled automatically when tho balance falls to zero; prepaid minutes never expire (see alenworksterma and conditions below). SMS Text Messages are billed monthly at a coot of S.07 per U•an;nction according to the - alertworksSiv1S Usage" section below. The following is the propuaed Tele - Works solution for Collier County, FL (the "Agency "). OUTBOUND C&MAI N MANAGEMENT Tele -Works can provide the Agency with two options for impinmentation of its Automated Outbound Campaign Management functionality: 1) an application developed by Tele -Works staff OP, 2) our fully documented Outbound AM against which Agency e:taf} can code its own application and take advantage ut the TVP broadcast engine. Either option would use the Tale -Works Hosted Platform. Details for both options follow. Automated Outbound Delinquency Campaign Management Tele -Work; can fully automate the proceas for preparing and delivering delinquency collection call-ouu:. Once established, this process mill eliminate any ongoing manual steps and will run on a schedule established by the .Agency. The Agency will have the ability to administer and ad)u.at the calloWs and schedule through the administrative interface. Page I of Packet Page -2004- 11/13/2012 Item 16.C.7. Thy automated process wilt communicate wit.lr the Agen,.ry'n InHanee system collecting the npproptinte con inct records to include in a recurring, ,cheduled collections notifinnuon. Additionally. "call resultri' (e.g.. delivered to voicemail. delivered to human, phone numbercrror, busy, no answer, etc.) will be posted back to the In Hance system along rrith the date and time of the call. Leveraging our ongoing relationship with InHanee- Tele- Worli, will ensure that all interaction with the 1nHnnce system will be in real -time by levero6ling existing stored procedure functions. Outbound .1PI Tele -ll oi-Ms M%;beun 1P1 is a web•seivices based Well kit far Agencies to develop and manage their own custom automated outbound needs. The API ex ��dss for contact source and message creation. notification scheduling, and _f_ul es I result reporting. The API can be used to create. anr1 fully a mate the collection of contacts, the con�Lici and t i tion of an outbound job, and the subsequent update of the backers abas with call diQ ositionc.The Outbound APi cornea with complete documentation and a sample application with source code lbotran as r in Agency's programming efforts. While the Outbound APi fall, within the Agency's maintonance (premise) or subscription (e d) eement for questions arising from the documentation. Tele -Works duo B not directly support the actual programming efforts oft 6 . in instances in which an Agency uses t 7 f-Ias e' d Platform to conduct outbound broadcast., re.irlliug krom the Outboun er harwaction (e.g., calt,°'SMS iext, and email) charges apply. I­­_-L_T`,I 11 t�ToLi#ieatiouisys#.c>.ta� e«,u1d Web B&Aed Gainttic" Ge"wel An easy to Use Web ilatel4allf, is --.SAd 6119 .1-9 oilaff "-I • e= 63, ph aRel+wiRA, R n ail -a A c Gturrre«- 'r'1>tl+E3`-R - — .t.....r�;.i�traYS -sYrh us F .Ilb•F 1_ei�_� iwieadeee. A1wifisedi ec eon be c is , la WhOR 110 1l* @- he81e- i'6A1. WF i4q. • - 46ietapw "Ble, Mail i . _ g9Jh*@MJ CeOti¢ 11FatdG BiGLiinQtih?.LShC.AgatiC,} Qia 444 4004114 A94­ _ setting the _Le . C.. t_ ''0•0a'c —ice. • agr-be t�}te •e&i�- eb6ipi9wl. speeihe fI94M ill-Re " i6bo ieig.elelivered lot ismen, T leemail. buaprstc.l z' rd+tiottai},• -i uaisg the call r adsheer of 61IN 10 +h@ 00010.99 406 'A-68h SAO 111-61-4 fimigQ*1AERA that a J­. f Atecilie. mm,­ dwvera+��nd iaA6 aeeuree}� lift At Molirfg. w leeibe- mete- 9- �etyales! fir R050meqIR by ifial-ing Do a pa3 d' a eHd bhr +teni OR hAllfil- L Cover• Pier and Terms and Conditions: Issuance of a purchase order 1 notice- to-proceed based on this Statement of Work (SOW) represents agreement to the terms and conditions of th"s SOIV. Complete :Agreement. This SOW constitutes the complete agreement and terms and conditions relative to the products and services described herein. Perm / Contract Commitment. By agreeing to the terms of this SOW. the Agency is makings 12-month commitment to the TW1 hosted services and payment fm• those services as thew are defined in th;c SOW. The Agency may terminate the contract prior to the end of the 12 -month period but will not be entitled to any rchrnds for unused products or services. After the first year, eaher patty may terminate this kgreement at any time upon thirty (a0) days prior written notice to the other party. P1, r rscl 'i'errn- The Agency will pay the fee; listed in this SOW as follows (this SOW may not include all type. of fees referenced). See exceptions t0 'I'EI -M & Cbrlditions (attached) TWI Snw are., for 100% of the following at the Notice-to-Proceed unless terms defined in -he price quotation state otherwise: One -Time Set -up Fees. First Ycar's Subscription reel, and clertu:orks First Prepaid Minutes Package. TWI invnices for alertworks RA4S Text Messages monthly for the total number of trap .,actions processed in that month. The rate for messages is S.07/transaction. TM invoices for suh,requenr. Annual Subscription Fees each year prior to the start of the Annual Term. TWI inv tires for Wertu•orks Minute Packages at the time a new Package is refilled. Packet Page -2005- Page 2 of ii 11/13/2012 Item 16.C.7. l nfeeertk ... wiAg cite r#,wl reex:,sll N n+ a l tau« dwcuvlwd an e>a,c SC111 +vi1Wa ineroased by -3st - e arl_lilim,nl Sorru:es. (f Agent? n:quests any professional seriicns from Tele-Works in order to deplo }, Agency services or applications, mcludingbut not limited to. application development and enhanced support services, Tele-Works will provide any such additional proressionaI services at iu, standard rates. Delivurr or Services. Tele•Works shell provide its Pinducts and Services as specified in this SOW to Agency. subject to Ch: terms and conditions set forth herein and in the SOW. Tele-Works shall not be liable for any delays or failure to perform resulting from Agency's failure to timely provide any intbimation, content or other deliverables necessary to provide the Products and Services tc, Agency. Timely Completie n. Agency understands that the timely completion of the project w Lontingent upon timely performance by Agency of all of Agency's obligations described in ibis SOW. In the event that progress on the project is slowed or halted due to a delay by Agency, project schedules including milestones and deadlines may be delayed at Tele-Works' discretion. License Grant. Subject to all the terms and conditions of this SOW and timely payment of any and all fee+ due to Tele-Works under this Agreement. Tele-Works hereby grants a non - exclusive, nontransferable, non - assignable. non-sublicensable iic:ense to Agency, ro use the Licensed Software for the limited purpose of supplying and running Tele-Works Applications supplied hereunder. Agency- shall use the Liceased Software only for its own business purposes, by its authorized personnel. Tele-Works reserves all rights not expressly granted heroin. Notwithstanding anything to the contrary, nothing in this SOW or in the rights provided to Agency pursuant hereto shall prohibit or reatrict Tele-Works' ability to create, provide, and sell software and other produce and applications to or for other part ias that perform or use the same or similar fuuctions as Agency's use of the Licensed Software. ConyriL,ht. The Licensed Software is owned by Tele-Works and is protected by United States copyright laws and applicable international treatioe and /or conventions. The Licensed Software, and any and all modifications and improvements thereto and derivative works thereof, shall remain the exclusive property, of Teie-Works, and Agency shall have no right. title or interest therein whatsoever. Intelk etual Prrooern . till right, title, and interest. including all intellectual property rights in the Productz and Services and nn, associated hardware and software- of Tele-Works or its licensors, and any updates, upgrades or modifications thereof, or in any ideas• know-how, and programs developed by Tele-Works or its licensors during the course of performance of this Agreement shall remain the property of Tele•Works or its licensors. All right, title, and interest in any mritent communicated via Tele-Works* infrastructure through use of the Products and Services shall remain the sole property of Agency. Without the prior express written consent of Tele-Works. Agency may not. and shall not allow any third party (by license agreement nr otherwise), to (a) Lake any action that would cause the loss nr abandonment of Tele•Wnrks proprietary rights in the Licensed Software; (b) use in connection with a service bureau service. resell, distribute, publicly display. transfer, rent, lease, lend, copy, modify, translate, enhance, time-share, license, sublicense, electronically transmit or prepare derivative works of the Licensed Software, in whole or +Ml in part.: (c) disassemble, decompiie or reverse engineer in any way, any of the Licensed Software: or (d) otherwise use in any way the Licensed Software in any manner not expressly authorized by this Agreement.. With respect to any Hosted Subscriber Service: uuntraeced by Agency. Agency, will be responsible for. and shall pay smy applicable fees associated with, any unauthorized use by Agency or Agency's end-users of the Hosted Subscriber Services, telephone numbers assigned to Agency, and Agency's account. In the event Agency becomes aware of such unauthorized use. Agency shall promptly notify Tale-Works, Hosted alertworksTerms and Conditions nJcrtworksialinutes Usace. drinutes Usage: A cup of Lhirt_v (30) seconds or less will be billed the same as a call of thirty (30) ascends. After the first thirty (30) seconds, calls will be billed in six (6) second increments. All call co.st.s are rounded up to the nearest cent. There is no charge for calls that do not connect. 14tandxrd end High• Volume Call-our Capacity: The Agency can make cull -outs using either of two call-out capacities. Standard Capacity providta tho ability to place uppruximately 12 simultaneous calls: High-Volume Capacity provides the ability to place hundreds of calls simultaneously. High-Volume CapacitrSurcharye: When using Iligh-Valume Capacity Call-Out. Prepaid Minutes are used up at a 30°i higher ruts than during Standard Capacity Call -Outs. For example, a 60 second high-volume outbound call would use 9U seconds of Prepaid Minutes. Page 3 of ,9 Packet Page -2006- 11/13/2012 Item 16.C.7. Transsctions: A transaction represents each message that is sent or received through the Tele -Works SMS Gateway. Tale-Works charges for each transaction processed at the rate defined in this SOW. Response Messaging'Tele-Works counts each message received, including responses, as a transaction. Message Length A standard text message is limited to 160 characters (inolu ding letters, numbers, spaces, symbols, and punctuation). Alartwnrka will automatically break up the message and send it in separate messages. Each message sent will count as a transaction. Message Delis ©ry. Tele-Works cannot guarantee the delivery of every text message. Deliverabilfty and response times are dependent upon the carrier and their network. Supported 'Response "Messages. An end user can opt-out by replying with the text message, "STOP." This will block the number from receiving future messages. The user may text back "RESUME" to unblock the number. The automatic STOP and RESUME feature is not optional nor are the responses case sensitive. Alertwvrkswill post response messages up to 5 days from the time the recipient receives the message. AgencyResponsrbil loss The Agency is responsible for ensuring that approval to send text messages to intended recipients has been obtained; for the quality and appropriateness of the phone numbers used in its broadcast events. and for appropriately maintaining information regarding opt -ins and cancellations. The Agency is responsible for ensuring that all text messages are sent in accordance with applicable federal and state laws, rules, and regulations and in accordance with best practices according to guidelines such as those of the Mobile Marketing Association. Support for Hosted Subscriber Services: During the Term. Tale-Works shall be responsible for providing support to Agency with regard to the Hosted Subscriber Services according to Tele -Works prevailing Product and Services Support Policy. Agency shall be responsible for providing support to its end users with regard to the Hosted Subscriber Services. Tele-Works reserves the right to discontinue provision of support and maintenance on Products and Services according to the termination clause in this Agreement. Network Traffic. Agency acknowledges that Tele-Works is providing a boated service, which means that Agency content and data will pass through hosted Tole-Works' servers that are not segregated or in a separate physical location from servers on which the content of other third parties is or will be transmitted or stored. Conten Agency is and shall be solely responsible for the creation, editorial content, control, and all other aspects of content. Agency represents and warrants that it has obtained (or will obtain, prior to transmission) all authorizations and permissions required to use and transmit the content over the Tele-Works Hosted Platform as part of the Hosted Subscriber Services. No Harmful Code. Agency represents and warrants to Tole-Works and its suppliers that no content shall be knowingly transmitted by Agency or and users through the Tele-Works Hosted Platform containing any program, routine or device which is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, including without limitation, anytime bomb', virus, drop dead device, malicious logic, worm, Trojan horse or trap or back door (collectively, "Harmful Code'). Lawful Purposes. Agency agrees that it will use Tole-Works Products and Services only for lawful purposes and in accordance with this Agreement. Agency shall comply with all applicable laws and regulations when using the Products and Services, including without limitation, compliance with applicable international export and privacy laws, privacy policies of Agency and third parties and other laws regarding the transfer and/or transmission of data. Prohibited Uses. TWI hosted IVR cannot be used to "front end" calls to the Agents live agent queue or call group. The Agency must direct its customers to TWI's IVR by routing callers through the Agency's phone system auto - attendant and presenting the IVR as a choice. The auto - attendant should clearly inform those choosing the IVR option that they will encounter an automated phone experience and not directly speak to a live representative. Agency will be responsible for, and shall pay any applicable fees associated with, any unauthorized use, including but not limited to the aforementioned "front ending" of the Agency phone system, by Agency or Agency's end -users of the Hosted Subscriber Services, telephone numbers assigned to Agency, and Agency's account. In the event Agency becomes aware of such unauthorized use, Agency shall promptly notify TWI, TWI will issue to Agency, at Agency's request and expense, replacement telephone number(s) for use with the Hosted Subscriber Services. Critical Applications, Agency acknowledges and agrees that the Products and Services are not designed, intended, authorized or warranted to be suitable for hosting life-support applications or other critical applications where the failure or potential failure of the Products and Services can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, bospital life- support systems, delays in getting medical care or other emergency services, and Agency assumes all risk arising out of such use and shall indemnify Tole-Works and its suppliers for damages and expenses (including legal fees) arising out of same. Emergency uses. If the products and services are used in emergency situations for outbound notifications, then the products and services are intended to only increase the notice which will be given. There is and cannot be any guarantee that all persons intended to be contacted will be contacted. Tele-Worke accepts no responsibility for any failure of the products and services to contact any parson(s) and is not responsible for any damage or injury which results from any failure to contact anyone. Aeencv Maintenance. Agency is responsible for, and Tele-Works is not liable for Agency's failure in, (a) maintaining items received from Tele-Works, including but not limited to the Hardware and the Licensed Software, in a safe and stable environment that is out of the way of foot or machinery traffic, suitable for electronic equipment and within a secure network environment; (b) properly configuring, developing, programming, hosting and operating its hardware, software, web sites, content and all applications, and their respective telephone and Internet connections, to slow necessary access to and use of the Tele-Works Hosted Platform and Hosted Subscriber Services in accordance with the documentation provided by Tole -Works and all applicable protocols and requirements of the Tele -Works Hosted Platform; and (c) providing any connections necessary to communicate with Page 4 of 6 Packet Page -2007- 11/13/2012 Item 16.C.7. the Tele - Works - provided Hardware, Software, and/or Hosted Platform_ Agency is responsible for all standard maintenance and licensing for the application web server and/or telephony server including, but not limited to, data archival and backup, service packs, security patches and updates and domain registration_ Agency will license and install anti -virus software and periodically update virus definitions to assure that the Licensed Software and Hardware are protected from viruses that could be contracted from any source including, but not limited to, the local network, the Internet, email, physical disk or data exchange Fora Except for Agency's obligations to pay money, neither party shall be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, earthquakes strikes, war, crime, terrorism, shortages of materials, intemet, power or telecommunications failures, etc_ LIMITATION OF LIABILITY_ IN NO EVENT SHALL TELE - WORKS' LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF FEES PAID BY CUSTOMER FOR THE PRODUCTS AND SERVICES GIVING RISE TO THE LIABILITY DURING THE ONE YEAR PERIOD IlvaWLATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN TELE -WORKS SHALL HAVE NO LIABILITY FOR UNFINISHED PROJECTS WHERE NO COMPLETE PRODUCTS AND SERVICES HAVE BEEN DELIVERED_ DISCLAIMER. TELE -WORKS DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES SHALL MEET ALL OF CUSTOMER'S REQUIREMENTS, OR THAT THE USE OF THE PRODUCTS AND SERVICES SHALL BE UNINTERRUPTED OR ERROR -FREE. PRODUCT AND SERVICES ARE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS TELE -WORKS MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATING TO THE PRODUCTS AND SERVICES OR ANY OTHER MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT_ TELE -WORKS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT. Please return two signed copies of this agreement to Tele -Works at the address below. We will return a countersigned original for your records. Agency Signature Date PO Box M Blacksburg, VA 24060 Agency Billing Address Date L About Tele- Works: With more than 500 customer implementations across North America, Tele - Works, Inc. is a leading provider of electronic billing, payment and communications software for utilities and local governments. Our Summation3604 product suite is designed to bring billing and payment together into a single, highly cost - effective process that delivers savings by permanently elimination the cost and burden of manual billing and payment activities. ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal Sufficiency OWNER BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Fred Coyle, Chairman Page 35M Packet Page -2008- 11/13/2012 Item 16.C.7. EXCEPTIONS TO TERMS AND CONDITIONS TELE- WORKS, INC. (TWI) STATEMENT OF WORK (SOW) #7807 7. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Packet Page -2009- 11/13/2012 Item 16.C.7. Tele- Works, Inc. o (540)953 -2631 teleW ©RKS. 1080 South Main Street F (540) 951 -4016 Blacksburg, VA 24060 www,tele- works.com I, John A. Hall, Chief Operating Officer of Tele- Works, Inc., a Virginia corporation, hereby certify that Erik Amelink holds the position of Vice President of Business Operations which entitles him to execute and deliver proposals, contracts and agreements for the performance of professional services in the name of and on behalf of Tele- Works, Inc. I have executed this certificate on this 2 "d day of October 2012. John A. Hall Chief Operating Officer Packet Page -2010-