ESBD_File_329629_Exhibit F.6_Schedule of Liquidated Damages.pdf

Exhibit F.6 Schedule of Liquidated Damages

Utility Invoice Services

Contractor and DPS agree and acknowledge that the measure of actual damages to DPS or the State of Texas as a result of Contractor’s failure to meet any aspect of the responsibilities of the Contract or to meet specific performance standards may be difficult or impossible to calculate with precision, depending on the nature of the default. Consequently, for the failure to fully perform or deliver each of the required service identified below, DPS may require Contractor to pay the amount indicated below for such service.

The Services listed below are each separately subject to the assessment of liquidated damages. The assessment of liquidated damages for the failure to perform or deliver any listed Services neither requires nor precludes the assessment of liquidated damages for any other failure to perform or deliver in accordance with this Contract. DPS and Contractor agree an event which may result in the assessment of liquidated damages is not the kind of event that can be cured by the contractor and therefore DPS and Contractor agree that DPS is not required to give notice or opportunity to cure prior to assessing these liquidated damages.

DPS and Contractor agree and acknowledge that the amounts of liquidated damages set forth in this Schedule are not intended to be in the nature of a penalty, but are intended to be a reasonable estimate of the amount of financial loss or damages to DPS in the event of the occurrence of any of the related categories of listed events. DPS does not waive any right to seek additional relief, either equitable or otherwise, concerning any breach of contract by Contractor. The failure of DPS to assess liquidated damages in any instance where DPS is entitled to liquidated damages pursuant to the terms of this Contract shall not constitute waiver in any fashion of DPS’s rights to assess liquidated damages. If any portion of the liquidated damages provisions as set forth below is determined to be unenforceable, the other liquidated damages provisions not found to be unenforceable shall remain in full force and effect.

DPS also reserves the right to deduct the liquidated damages from any payments owed by DPS or Customer to Contractor.

An assessment of liquidated damages pursuant to this Exhibit F.6 by DPS does not waive or otherwise affect any other remedy or claim of damages available to DPS pursuant to the contract for any breach or default by the contractor of the requirements of the contract. If DPS determines, in its reasonable discretion, that Contractor's failure to perform is continuing unabated or otherwise is likely to significantly and adversely affect the administration of the Contract or security of the account owners, DPS may elect to pursue one or more other remedies available hereunder, or under the Contract, including but not limited to, the termination of the Contract, filing a claim against Contractor's professional liability or other appropriate insurance coverage or performance bond or any other remedies available to DPS under this Contract, under applicable law or in equity.

IFB Section Requirement Measurement Assessment

Liquidated Damage

C.2.3.1.1 Contractor must notify DPS in writing, at least fifteen (15) calendar days prior to any change of a designated Project Manager.

Each failure to provide at least fifteen (15) calendar days’ notice.

$500 per failure to provide 15 calendar day’s notice.

C.2.3.1.2 Contractor must provide a designated Account Manager, accessible direct phone or email to address issues related to the implementation and operation of the Contract for specific accounts and correct any issues related to a Customer’s account, Monday to Friday (excluding Federal and State holidays) from the core hours of 8 am to 5 pm Central Time.

Designated Account Manager is unavailable in excess of 2 business days in a week day, Monday to Friday (excluding Federal and State holidays) during the hours of 8am to 5pm Central Time.

$250 per day $2000 maximum weekly cap for same occurrence

C.2.3.1.2 Contractor must notify DPS in writing, at least fifteen (15) calendar days prior to any change of a designated Account Manager.

Each failure to provide at least fifteen (15) calendar days’ notice.

$500 per failure to provide 15 calendar days’ notice

C.2.3.3 Provide a customer service and technical support call center, accessible by toll-free phone, to handle questions and customer service matters, Monday to Friday (excluding Federal and State holidays) from the core hours of 8 am to 5 pm Central Time

Each hour that a Designated CSR is unavailable during in excess of 2 hours during a week day, Monday to Friday (excluding Federal and State holidays) during the hours of 8am to 5pm Central Time.

$250 per hour $2000 maximum daily cap for same occurrence

C.2.3.3 Contractor must address all customer service and technical support issues within 48 hours.

Each failure to address a customer service issue within 48 hours

$250 for each occurrence

C.2.4.6 Contractor must have a process in place to prevent duplicate payment files from being transmitted to Customer.

Each failure to prevent duplicate payment files being transmitted to Customer.

$4000 for each occurrence

C.2.5 Contractor must provide a web-based application with 24 hours/7 days/week availability without any downtime in excess of 3 hours during any 24 hour period during Monday to Friday (excluding federal and state holidays), during the

Any downtime in excess of 3 hours in a 24-hour period

$250 per hour of downtime $2000 maximum daily cap for same occurrence contract term, except for scheduled maintenance for which DPS has received 10 days’ advance notice.