HomeMy WebLinkAbout20090869I i Mutare •
Proposal
Customer/Business Partner Information
Quotation Information
Organization:
Contact:
Phone:
Email:
Weld County
Susan Quick
Quote Date:
Mutare Contact:
Phone:
Email:
3/20/2009 (Quote Valid for 90 days)
Linda Collins
972.820.5779
Icollins@mutare.com
Additional Contact Information:
System Request: Add 12 port card, 4 licenses
Organization:
Contact:
Phone:
Email:
Annual Support Cost
Line # Part #
Description Qty List Price Ext. List
8x5 (15%) 24x7 (20%)
1
ENS -4
Enterprise Notification System - Each 4 Port
License Fee (includes 4 Port Licenses)
1
$ 4,000
$ 4,000
$ 600
$ 800
2
MCS-12P-AN
Port Card - 12 Analog Ports
1
$ 3,400
$ 3,400
$ -
$ -
TERMS: Net 30
Application Total:
$ 7,400
$ 600
$ 800
Application Total with 8 x 5 Support:
$ 8,000
Application Total with 24 x 7 Support:
$ 8,200
Description: Mutare's Enterprise Notification System (ENS) application supports rapid, mass message delivery to pre -defined ists of people. The message may
be initiated by any authorized broadcaster from any phone or web browser and delivered, both as voice and text, to all selected phones, PDAs, pagers and email
inboxes on the system.
The administrator creates the initial database of members on each list. Mutare will assist with a one-time import of member data. Each person in the system
controls his/her personal settings through the password -protected ENS website. Broadcasts may include a request for acknowledgement, request for a yes/no
answer to a specific question or, optionally, a full survey of questions. The broadcaster may review response activity on the ENS website and save data for
reporting purposes. Price includes remote installation, "train the trainer" training, and documentation.
Requirements:
- Application installation and support requires remote access to customer's application server. See document 112 for more details.
- The following technical documents found at httpl/www.mutare.com/techdocs asp, detail the requirements: 172-EEN, 145-MCS Specifications.
Language: Application will be delivered in English only.
Lead -Time: The lead-time on this application is eight (8) weeks from the time Mutare receives formal authorization, access to the MCS Server remotely or locally
at Mutare, and all necessary documentation completely filled out and returned to Mutare.
Feasibility: The phce on this quote is based on assumptions about how the application interacts with other systems in the Customer enterprise, such as
database server access and interaction with various components of the telecommunications environment. During the project kick-off, Mutare Software will explore
these assumptions in detail with all appropriate parties. If, during this process, it becomes necessary to broaden the scope of the project or components beyond
the original proposal, the proposal will be revised. If the revised proposal is not acceptable, the cyftomer may Cp. Rc9 the project.
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Additional Information: www.mutarecorn
Technical Documents: http://www.mutarecom/techdocs.asp
Terms & Conditions
1.0 License and Ownership. Pursuant to the terns and conditions specified in this
Agreement, Mutare hereby grants to Customer, and Customer hereby accepts from Mutare,
a nontransferable, nonexclusive right and license to use the Application(s) for Customer's
benefit. Unless specified otherwise in the application order, the Application, including any
patents, copyrights, trade secrets, procedures, techniques, data and other intellectual
property rights and technology therein, shall be owned by Mutare, and nothing herein shall
be deemed to transfer any ownership interest therein to Customer or to any of Customer's
end users. Without the pnor written consent of Mulare, Customer shall refrain from copying.
reverse engineering, disassembling, decompiling, translating, or modifying the Application,
or granting any other person or entity the right to do so.
1.1 Other Licenses. Unless specified provided otherwise in the applicable order, Customer
shall be solely responsible for procuring all rights and licenses for any systems the
Application will connect to, including, without limitation, any proprietary hardware and
software systems that may be required to utilize the applications.
2.0 installation and Acceptance. Mutare will install and test the Application on the
Application Server. Mutare shall notify Customer when Mutare's installation and preliminary
Authorized Signature ("Customer")
William F. Garcia, Chair, Board of County
Commissioners 04/13/2009
3.3 DISCLAIMER. THE WARRANTIES STATED IN THIS SECTION 3 ARE CUSTOMER'S
SOLE AND EXCLUSIVE WARRANTIES PERTAINING TO THE APPLICATIONS, AND
MUTARE HEREBY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
3.4 EXCLUSION OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MUTARE BE
LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY,
ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR
DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY
SOURCE.
3.5 LIMITATION OF LIABILITY. IN THE EVENT THAT, NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THIS SECTION 3, MUTARE IS FOUND LIABLE FOR
DAMAGES BASED ON ANY DEFECT OR NONCONFORMITY IN THE APPLICATION,
MUTARE'S TOTAL LIABILITY FOR EACH DEFECTIVE APPLICATION SHALL NOT
EXCEED THE PRICE OF SUCH DEFECTIVE APPLICATION AS SPECIFIED IN THE
SPECIFIC ORDER THAT GIVES RISE TO SUCH LIABILITY.
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testing has been completed and the Applications is conforming to the written specifications.
A thirty day test acceptance period shall commence on the date of the Customer's signature ! .,
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on the written notice. Customer's acceptance of the Applications shall occur automatically at
the end of the thirty -day test period unless, within that period, Customer notifies Mutare in
writing of a non -conformity between any application and its written specifications. Mutare
will replace or repair the non -conforming Application and notify Customer of the replacement
or repair. Following replacement or repair and notification, the Application shall be deemed
to be accepted on the later of five (5) days after the date of notification of such correction or
the expiration of the thirty -day test acceptance period (the "Acceptance Date').
3.0 Warranty. Subject to the terms and conditions of this Agreement, Mutare warrants to
Customer that the Applications shall substantially conform to their written spedfications for a
period of ninety (90) days after the Acceptance Date (the 'Warranty Period'). During the
Warranty Period, Mutare shall provide minor corrections, changes, and troubleshooting to
Customer as needed.
3.1 Customer Rights and Responsibilities. Mutare will provide warranty service and
support to Customer by remote access control of the Application Server. Customer and/or
its end user are responsible for confirming and ensuring that this access is available when
making a service request. Mutare shall make corrective action commitments only if and
when access to the Server is available. Customer and/or its end user shall notify Mutare in
writing of any changes in the information systems environment that may impact the Server
The end user is responsible for normal backup procedures of the Application Server
pursuant to normal and customary server backup protocol. Excluded from Mutare's
warranty are defects discovered in any Application that has been modified, altered, or
enhanced without Mutare's prior consent.
3.2 Post -Warranty Support. Mutare agrees to offer post -warranty support through a
Customer Service Agreement ("GSA"). Details of the service provided and related cost are
stated separately in this Agreement.
Post Warranty Support
Mutare Customer Support Agreement (CSA)
Post warranty support for the Application may be purchased through an annual agreement
from Mutare. Payment for CSA plans is due prior to the start of the support period. Post
warranty support plans provide for remote telephone support only. Customer is required to
provide the necessary tools to enable remote access capabilities, which is a requirement for
purchasing post warranty support.
General
Under any CSA plan, the customer calls Mutare and opens a trouble ticket for any problem
relating to the application. If the problem appears to be outside the application
environment, Mutare will assist the customer in finding the most appropriate path to resolve
problem.
Procedure for Support Calls. Customer will call 847-496-9000 and press 2. Mutare will
diagnose and correct the problem. If the problem appears to be outside the application
environment, Mutare will assist the customer in finding the most appropriate path to resolve
the problem.
$ x 5 Comprehensive CSA Business Hour Support
8:00 am - 5.00 pm CST, Monday — Friday. An initial response to the customer will be
provided within two coverage hours from the time the problem is reported. Corrective action
will begin that same day. Emergency service is available for an additional charge.
Requests for any type of service may be left 24 hours, 7 days a week.
24 x 7 Comprehensive CSA 24 x 7 Support
An initial response to the customer will be provided within two hours from the time the
problem is reported. Corrective action will begin that same day. Corrective action receives
priority treatment until resolved. Non -emergency calls will be prioritized during business
hours. In the event the Customer's security restrictions prevent Mutare's techniaans from
accessing the OA server from outside Mutare's offices, corrective action may be delayed
until the start of the next business day.
4.1 Consequences and Survival. Upon termination of this Agreement, Customer shall
immediately discontinue all further use of the Applications. Upon termination of this
Agreement, the fees associated with any work to date performed by Mutare (including pro-
rated amounts for work performed but not invoiced through the date of termination, as well
as all outstanding invoices for work already invoiced) shall automatically be accelerated and
all such invoices shall become due end payable. Notwithstanding any termination of this
Agreement, the provisions of Sections t, 2, 3, 4 and 5 shall remain in full force and effect.
5.0 General Terms. This Agreement may not be modified or amended except by an
instrument in writing signed by duly authorized officers of both of the parties hereto. Unless
otherwise specifically provided, all notices required or permitted by this Agreement shell be
in writing and may be delivered personally, or may be sent by facsimile or certified mail,
return receipt requested, to the address designated by each party. This Agreement may be
executed in two or more counterparts, each of which shell be deemed an original, and all of
which together shall constitute one end the same instrument.
5.1 Severability. In the event that any provision hereof is found invalid or unenforceable
pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid
and enforceable according to its terms, WITHOUT LIMITING THE FOREGOING, IT IS
EXPRESSLY UNDERSTOOD AND AGREED THAT EVERY PROVISION OF THIS
AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE
SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE
ENFORCED AS SUCH.
5.2 Entire Agreement. This Agreement constitutes the entire understanding and contract
between the parties and supersedes any and all prior and contemporaneous, oral or written
representations, communications, understandings, and agreements between the parties
with respect to the subject matter hereof. The parties acknowledge and agree that neither
of the parties is entering into this Agreement on the basis of any representations or
promises not expressly contained herein.
CSA Support (both S x 5 and 24 x 7) includes:
Troubleshooting. Isolate which component is causing the reported failure. Remote
investigation of the reported error or change and subsequent corrective action.
Minor Application Changes. Scheduled minor changes to an application such as adding a
new field, changing a parameter or reading beck a new field will be provided to applications
under CSA at no additional charge. Minor changes are those that Mutare estimates can be
completed within two hours, In the event a change is not considered minor, a quote will be
provided in advance of any work.
Discounts on Service. In the event a change is too large to be considered minor under
CSA, a 20% discount off Mutare's then current rates will be provided.
Packaged Application Enhancements. Some of Mutare's 'packaged' applications are
updated and enhanced on a regular basis. Enhancements to these applications are
available to CSA customers at no additional charge.
Upgrades. Any upgrades to the Application Server might require a corresponding upgrade
to the application software. This includes changes to the application that might be made
necessary or advantageous if the Application Server is upgraded.
Application Problems. Any reported program errors will be corrected.
Disk Failure. This includes reloading the application should the Application Server drive
crash and customer has no back up. Backup copies of software applications are maintained
by Mutare for all customers on CSA. The customer is still responsible for backing up any
and all other files (i.e. system prompts, database files, data, WAV or TIF files) used by the
application.
4/10/2009 Weld County Confidential - Mutare
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