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HomeMy WebLinkAboutR-2003-268 Civic Plus RESOLUTION NO. 2003-268 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A THREE YEAR AGREEMENT WITH AN ANNUAL RENEWAL OPTION WITH CIVICPLUS, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS IN AN AMOUNT OF $7,400.00 START UP COSTS AND A MONTHLY FEE OF $625.00 WITH THE SOLE PROVIDER, CIVICPLUS; AUTHORIZING THE AGREEMENT TO PROVIDE WEB DESIGN, DEVELOPMENT, IMPLEMENTATION, HOSTING, TRAINING, MAINTENANCE, AND SUPPORT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (J), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that such services can be rendered to the City at the least cost from CivicPlus in an amount of $7,400.00 start up costs and a monthly fee of$625.00; and WHEREAS, the City Manager has determined that it is necessary to purchase the web hosting service to include design, development, implementation, training, maintenance and support for the City's website; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is hereby authorized to execute the agreement between the City of Dania Beach and CivicPlus, attached as Exhibit "A". The City Manager and City Attorney are authorized to make minor revisions to said exhibit as are deemed necessary and proper for the best interests of the City. 1 RESOLUTION NO. 2003-268 Section 2. That the City Manager is authorized to pay $7,400.00 start up fees and a monthly amount of $625.00 for FY 2004, for a three year term, with an option to renew consisting of two one year terms, payable from the Information Services Budget to CivicPlus, for the hosting of the City's website and related services. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 25th DAY OF N VEMBE , 2003. Ebb ANTON MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN- YES COMMISSIONER FLURY - YES • COMMISSIONER MIKES - YES CHARLEN J HNSON VICE-MAYOR MCELYEA- YES CITY CLERK MAYOR ANTON - YES APPROVED AS TO F rRM AND CORRECTNESS: BY: I T O SQ1 AN8BRO CITY ATTORNEY 2 RESOLUTION NO. 2003-268 Date Initiated. 11-10-03 CivicPlus License and Service Agreement for City of Dania Beach Contact Name: Joe Husosky E-mail Address jhusosky@ci.dania=beach.fl.us Beet Address: 100 W. Dania Beach Blvd. Address 2: City Dania Beach State: FL Zip Code: 33004 Phone: 954-924-3636 Ext: Fax: 954-921-2604 Billing Contact: Bonnie Temchuk Billing Address (if different) Billing Phone#: 954-924-3613 Fax:954-921-2604 Information required on invoices,e.g.P.O.#or Job#: Tax ID#: Sales Tax Exempt#: 16-00-196494-54C Payment Terms: Annual Acct.Rep. Laura Munsch Terms and Conditions: 1. Annual invoicing for this contract will take place 60 days after the contract is signed or upon the initially established go-live date,whichever comes first. 2. Either party may terminate the agreement at the end of the contract term by providing the other party with 60 days prior notice. 3. In the event that neither parry gives such notice prior to the end of the initial or any subsequent term,this agreement will automatically be renewed for an additional contract term. 4. In the event of a rate increase,CivicPlus will notify the client at least 60 days in advance of the annual renewal. 5. Upon completion of development the Setup and Development Fees will be invoiced. 6. Annual fees for CivicPlus services are invoiced prior to the year of service and are due by the first of the following month. AOh Modifications to the original"go-live'date may result in additional fees. IF Payment is due on the date annotated on the invoice for that term's service. Service will be discontinued if payment is not made within 20 days after the due date.Payments received will be applied first to finance charges,then to the oldest outstanding invoice. 9. If the account exceeds 60 days past due,the web service will be removed and the data will be erased. 10. CivicPlus will support one designated support contact for the client.Support will include providing technical support of the CivicPlus system.Page design, graphic design,word processing training,custom programming,and application support are not included in this contract.Additional support services may be contracted separately. 11. If service is unavailable for more than 24 hours because of technical problems on the part of CivicPlus,credit will be applied at$20.80 per day. 12. If service is unavailable for five days,contract will become void and prepaid fees will be refunded. 13. This contract will be binding for a period of three year with two one year renewals,at City's option,if written notice is given by City to Company at least thirty days before the end of the term,including any extended term. 14. This Agreement may be terminated by City at any time after thirty days'advance written notice to the company;provided,however,that City is obligated to pay for all costs and services rendered by company up to the date it receives such notice. 15. Upon termination of the agreement for any reason,the content developed for use by City shall be transmitted to City for its use,and City shall be deemed the owner of all such content. l j Page 1 of') CivicPlus e 317 Houston St. . Manhattan, KS 66502 888-228-2233, ext.250, Fax: 785-587-8951 www.civicplus.com Date Initiated. 11-10-03 CivicPlus License and Service Agreement for City of Dania Beach This document shall serve as the contract agreement for CivicPlus services to Dania Beach ervice Rates: Dania Beach agrees to ay CivicPlus for the following chosen services: Monthly Fee One-Time Fee x _Premium_Package, 300_MB includes: $ 475.00 $ 1,200.00 MODULES: Z Archive Center $ Included $ Included 0 Banner Development-Additional $ $ ❑x Bid Posting(requires Notify Me) $ Included $ Included * Business Directory $ Included $ Included ❑x Civic Alert or News Flash $ Included $ Included 0 Document Center-Standard $ $ x❑ Document Center-Enhanced $ Included $ Included x❑ Dynamic Breadcrumbs $ Included $ Included 0 E-Commerce $ $ 0 Events Calendar-Standard $ $ 9 Events Calendar-Enhanced $ Included $ Included 0 Extranet $ $ Forms Creation(2 forms—feedback and fix-it) $ Included $ Included O Intranet $ $ Job Posting(requires Notify Me) $ Included $ Included Notify Me(up to 1000 E-mail addresses) $ Included $ Included 0 Online Web Statistics $ Included $ Included O Opinion Poll $ Included $ Included Site Search $ Included $ Included ❑x Staff Directory $ Included $ Included Z Upgrade to CivicPlus Advanced $ Included $ Included Search Engine Registration Optimization O Web Mail #of Email $ $ Basic Registration One-Time Registration: Keyword Selection, Site $ Included $ Included Optimization Information,Link Popularity Boost Additional Domains $ $ !] Other:Online Job Application $ 150.00 $ $4,700.00 0 Initial Development: $ $ Training: CivicPlus will provide up to 12 hours of online phone training at$125/hr. for up to 2 $ $ 1,500.00 employees.Actual time will be billed but will not exceed$1.500.00. Excess funds may be used for banner development. Total: $ 625.00 $ 7,400.00 Is this a new domain name? Yes X No Web Site Name: www.ci.dania-beach.fl.us � List any other URLs associated with your web site. Setup Notes: CivicPlus will be responsible for the initial development of the look-and-feel, setup of the selected modules, and 4' hosting of site and application. CivicPlus will.upload at no additional cost additional banners. Dania Beach will be responsible for Hie development of content, data, menu and pages and ongoing maintenance of these areas. Annual Invoicing should begin on October 1, 2004. For the current year of service, invoice to Sept. 30th. Training and setup will be invoiced after the time is incurred. • Page 2 of 3 CivicPlus . 317 Houston St. . Manhattan, KS 66502 888-228-2233, ext. 250, Fax: 785-587-8951 www.civicplus.com Date Initiated: 11-10-03 CivicPlus License and Service Agreement for Dania Beach dditional Training: Training that involves billable time beyond the contracted amount will be documented and invoiced. 0 ort: 30 days of free user support will be provided with the purchase of CivicPlus services.Technical problems with the software PP _ are addressed throughout the contract period at no charge. Additional Projects: Projects that involve billable time beyond the contracted amount will be documented. Written approval by the client is necessary before billable time is incurred. Hourly rate of$125 per hour. Maintenance Upgrades: Maintenance upgrades to the CivicPlus service are provided at no extra charge.Additional modules may be purchased and activated at any time Indemnification and Liability Dania Beach shall defend, indemnify and hold harmless CivicPlus, its partners, employees, and agents from and against any and all lawsuits, claims, demands,penalties, losses, fines, liabilities,damages, and expenses including attorney's fees of any kind,without limitation, in connection with the operations of Dania Beach and installation of software by city contemplated by this agreement. This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of CivicPlus. CivicPlus will not be liable for any act, omission of act,negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the customer. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by customer or any entity other than CivicPlus that furnishes services, facilities or equipment used in connection with CivicPlus services or facilities. Except as expressly provided in this agreement, CivicPlus makes no expressed or implied representations, or warranties, including any warranties regarding merchantability or fitness for a particular cause. Development Specifications cdditional development specifications and requirements will follow upon commencement of the project.P ce tance: We theyn&�e , eein-to the co �ions pecified in this document,understand and authorize th provision of serv' es outlined in this c act. ILA ene J on, City Cler'. Name Ivy ato, City DIanager Date APPROVED AS FORM AND Dania Beach _ CORRECTNESS: Thomas , . sb�o, City Attorney Imam LAURA MUI�JSCH Date CivicPlus DIRECTOR OF SALES & MARKETING Please fax the above contract as soon as possible to your account representative at 785-587-8951 For any billing questions,Accounting can be reached at 888-228-2233,ext.215 �!'fir✓ rr' • Page 3 of 3 CivicPlus . 317 Houston St. . Manhattan, KS 66502 888-228-2233, ext. 250, Fax: 785-587-8951 www.civicplus.com CIVICPIUS 9 December 2003 City of Dania Beach ATTN: Miriam Nasser 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Subject: Agreement between CivicPlus and the City of Dania Beach—Resolution Number: 2003-268 Dear Ms Miriam Nasser As requested, your CivicPlus Account Manager and I have initialed all the pages of the signed agreement and have enclosed an original copy. We have already proceeded with this project and are in direct contact with Mr. Husosky at your location. ® Please feel free to contact me with any questions or concerns you may have. r Sincerely, Hank Franco Project/Contract/Support Manager Enclosures: as Y.. `x.= FLORIDA December 4, 2003 Hank Franco Project Manager CivicPlus 317 Houston Street Manhattan, KS 66502 RE: AGREEMENT BETWEEN CIVICPLUS AND THE CITY OF DANIA BEACH Dear Mr. Franco: On November 25, 2003, the Dania Beach City Commission adopted Resolution No. 2003-268 approving the above agreement. We enclose a copy of the resolution and two original agreements that have been executed by the City of Dania Beach. These agreements now require final execution by your company. Upon execution, please keep one original and return the other original to me for our records. If you have any questions regarding this agreement, please contact Joe Husosky, Information Systems Department, at 954-924-3636. Sincerely, Miriam Nasser Deputy City Clerk Enclosures i "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us Agenda Request Form City of Dania Beach Agenda Item • Date of Commission meeting: 11125/2003 Description of Agenda Item: Approving three year agreement with CivicPlus for website hosting Commission action being requested: Adopt Resolution or Ordinance ❑ Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other(Please explain) 'r' Summary explanation andbackground CivicPlus will supply web design, development, implementation, hosting, training, maintenance, and support of the City's website. This firm has provided this service to many cities throughout the United States, all with positive results. Research for other companies that do similar web hosting do not provide the advanced features and continuous updates required by City Staff. Therefore, staff recommends after one year of research, the approval of this contract. Attached exhibits and additional backup materials;(Pleasellist): Resolution -electronic attachment CivicPlus Contract-electronic attachment For purchasing requests ONLY Department: Information Services Amount: Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Contractual Service Account Number: 001-1202-512.34-10 Submitted by. btemchuk Date: 11/19/2003 Department Director.' btemchuk Date: 11/19/2003 Admin. Services Director.' Date: ® Finance Director: pvarney Date: 11/21/2003 City Manager. �1 / Date: 2!