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2014-66 Village Website Redesign ContractRESOLUTION 2014 -66 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO ICON ENTERPRISES, INC. D /B /A CIVICPLUS FOR REDESIGN OF THE VILLAGE WEBSITE BY PIGGYBACKING A GSA CONTRACT FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village wishes to retain the services of a professional firm to update and redesign the Village website; and WHEREAS, Village Administration recommends that a contract be awarded to Icon Enterprises, Inc. d/b /a CivicPlus by piggybacking General Services Administration (GSA) Contract GS- 35F -0124U (Technology Equipment, Software and Services); and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Contract with Icon Enterprises, Inc. d /b /a CivicPlus for the redesign of the Village website and authorizes the Mayor and Village Clerk to execute the Contract, a copy of which is attached hereto and incorporated herein by reference, on behalf of the Village. Section 3. The cost of this contract shall not exceed $36,445.18 and shall be funded utilizing budgeted funds from Account No. A5004 -33491 (IT — Contractual Services). Section 4. This Resolution shall be effective October 1, 2014. PASSED AND ADOPTED THIS 25TH DAY OF SEPTEMBER, 2014. (Village Seal) ATTEST: VILLAGE CLERK L(j 0�� 0 0 �I,Aydk Service & License Agreement for North Palm Beach, FL GSA Contract GS- 35F- 0124U Organization North Palm Beach, FL Street Address 501 U.S. Highway One Address 2 GSA Contract URA www.village - npb.org Postal City North Palm Beach state FL Code 33408 CivicPlus provides telephone support for all trained clients from lam —7pm Central Time, Monday - Friday (excluding holidays). Emergency Support is provided on a 24/7/355 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Michael Applegate 561- 841 -3356 Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Billing Contact Michael Applegate Phone 561- 841 -3356 Billing Address 501 U.S. Highway One Adoress z Ext. E -Mail mapplegate villa e -n b.org Fax 561- 848 -9698 city North Palm Beach ST FL Postal Code Tax ID 0 59- 6017984 Sales Tax Exempt # Billing Terms Annual Account Rep Info Required on Invoice (PC or Jab #) 33408 85- 8012646341 C -6 Bill Frankel Contract Contact Michael Applegate Email mapplegate @village - npb.org Phone 561- 841 -3356 Ext. Fax 561- 848 -9698 Protect Contact Michael Applegate Email mapplegate @village - npb.org Phone 561- 841 -3356 Ext. Fax 561- 848 -9698 Terms & Conditions Client Deliverable 1. Icon Enterprises, Inc., dlbla CivicPlus ( "CivicPlus ") will create a unique website for the City of North Palm Beach, FL ("Client ") that includes all functionality as defined in Exhibit A -- CivicPlus Project Deliverables, attached hereto. 2. After 48 consecutive months under these terms and associated pricing, Client becomes fully eligible for a CP Basic Redesign at no additional cost. See Exhibit B for complete details. Additional Services 3. Client may contract with CivicPlus for additional Consulting, Website Design, Setup, Programming, and Training services (Project Development Services) that exceed those defined in Exhibit A. CivicPlus will invoice Client for the additional services immediately prior to project Go -Live. 4. Client may contract with CivicPlus for additional Annual Services that exceed those defined in Exhibit A. CivicPlus will invoice Client for Annual services immediately prior to project Go -Live. Page 1 of 5 CivicPlus • 317 Houston St., Suite E - Manhattan, KS 56502 • wavw.CivicPlus.com Toll Free 888 -226 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 C Service & License Agreement for North Palm Beach, FL GSA Contract GS- 35F -0124U 5. Services that involve billable time beyond the contracted amount will be documented and invoiced. Written approval by the Client is necessary before billable time is incurred. 6. Modules that incur additional usage fees may be purchased and activated at any time. 7. Acceptance of this Agreement signifies Client's approval of any billable time specifically related to training services as detailed in Exhibit A, wherein a stated number of attendees is specified. Coverage for additional attendees not covered under this agreement is billed at a per diem rate specified in Exhibit A. Billing & Payment Terms 8. One -third of the total First Year Fee will be billed upon completion of Phase 1: Consulting; one -third of the total First Year Fee will be billed upon completion of Phase 3: Website Reveal Presentation. The remainder of the total First Year Fee and any additional Project Development services will be invoiced after Phase 4: Customized Website Training has been completed. 9. The Client shall sign a project completion and acceptance form prior to project go -live. The date may be extended if material system or operational failures are encountered. Immediately after completing training the final bill for the project development services will be billable and payable, and the first year's Annual Services fees will be billable and payable. All Parties agree that the website will not go -live until the project is accepted in writing by the Client. 10. First Year Fee and Project Development invoices are due by the first of the following month, but no sooner than 30 days from invoice date. 11. Invoicing for 2nd year and beyond Annual Services begins one (1) year from contract signing. 12. Annual Services invoices, beyond the first year, may be prorated in order to correlate with the Client's budget year. 13. Fees for CivicPlus Annual Services are invoiced prior to the year of service. They are due by the first of the following month, but no sooner than 30 days from invoice date. 14. Project development will be discontinued if payment is not made within 30 days after the invoice due date. 15. After project go -live, if the Client's account exceeds 60 days past due, Support will be discontinued until the Client's account is made current. If the Client's account exceeds 90 days past due, Annual Services will be discontinued until the Client's account is made current. Client will be given 30 days notice prior to discontinuation of services for non - payment. 16. The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience fee. 17. Unless otherwise limited by law, a finance charge of 2.9 percent ( %) per month or $5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 18. Provided the Client's account is current, at any time the Client may request an electronic copy of the website graphic designs, the page content, all module content, all importable /exportable data, and all archived information ( "Customer Content "). Client agrees to pay $250 per completed request. Provided the Client's account is current, upon termination of services Client may request a complimentary electronic copy of website Customer Content. Agreement Renewal 19. This contract shall remain in effect for a period of one year (12 months) from signing. In the event that neither party gives 60 days' notice prior to the end of the initial or any subsequent term, this Agreement will automatically renew for an additional contract term. After 48 consecutive months under the terms of this contract and associated pricing, Client will be fully eligible for a CP Basic Redesign at no additional cost. 20. Either party may terminate the agreement at the end of the contract term by providing the other party with 60 days written notice prior to the contract renewal date. 21. In the event of early termination of this Agreement by the Client, Client forfeits eligibility for the CP Basic Redesign and all funds applied to such eligibility and full payment of the remainder of the contract is due within 15 days of termination. Support 22. CivicPlus will provide unlimited telephone support Monday- Friday, 7:00 am — 7:00 pm (Central Time) excluding holidays, for all trained Client staff. Emergency Support is provided on a 24/7/365 basis for emergency contacts named by the Client. Client is responsible for providing CivicPlus with contact updates. Page 2 of 5 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicP[us.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 C p Service & License Agreement for North Palm Beach, FL GSA Contract GS- 35F -0124U 23. Support includes providing technical support of the GCMS@ software, application support (pages and modules), and technical maintenance of Client's website. Following initial setup, additional page design, graphic design, user training, site modification, and custom programming may be contracted separately for an additional fee. 24. During the period of this agreement and subsequent annual renewals, CivicPlus warrants that it will, without additional charge to the Client, take action to correct any problems or defects discovered in the GCMS@ software and reported to CivicPlus by the Client, such warranty to include ongoing maintenance upgrades and technical error correction. 25. CivicPlus provides online website statistics software at no extra charge. If Client desires to use other website statistic software, CivicPlus will provide the necessary log file access. Marketing 26. Client will make a reasonable attempt to work with the CivicPlus Marketing Department to gather information and meet deadlines associated with website award contest entries throughout the term of this Agreement. 27. Client permits CivicPlus to include an example of the Client's home page and a link to the Client's website on the CivicPlus corporate website. 28. Client will make a reasonable attempt to work with the CivicPlus Marketing Department to create a news item to be released in conjunction with their project Go -Live date. Client will provide CivicPlus with contact information for local and regional media outlets. CivicPlus may use the press release in any marketing materials as desired throughout the term of this Agreement. 29. Client will make a reasonable attempt to work with the CivicPlus Marketing Department to create a case study related to their website. 30. Client allows CivicPlus to display a "Government Websites by CivicPlus" insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this agreement assumes such perpetual permission. Intellectual Property, Ownership & Content Responsibility 31. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own the Customer Content. 32. Upon completion of the development of the site, Client will assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 33. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the GCMS@ software in any way; (ii) modify or make derivative works based upon the GCMS@ software; (iii) create Internet "links" to the GCMS@ software or "frame" or "mirror" any GCMS@ administrative access on any other server or wireless or Internet -based device; or (iv) reverse engineer or access the GCMS@ software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the GCMS@ software, or (c) copy any ideas, features, functions or graphics of the GCMS@ software. 34. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the GCMS@ software are trademarks of CivicPlus, and no right or license is granted to use them. Indemnification 35. Client 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 and installation of software contemplated by this Agreement, or otherwise arising out of or in any way connected with the CivicPlus provision of service and performance under this Agreement to the extent caused by the negligent or intentional acts or omissions of Client. CivicPlus shall defend, indemnify and hold harmless Client, its 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 and installation of software contemplated by this Agreement, or otherwise arising out of or in any way connected with the CivicPlus provision of service and performance under this Agreement to the extent caused by the negligent or intentional acts or omissions of CivicPlus. This paragraph is not intended to benefit entities not a party to this contract. Page 3 of 5 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicP]us.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 CService & License Agreement for North Palm Beach, FL ;) GSA Contract GS- 35F -0124U Liabilities 36. 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 Client. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity other than CivicPlus that furnishes services, facilities or equipment used in connection with CivicPlus services or facilities. 37. 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. Taxes 38. It is CivicPlus' policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax - exempt, the Client must provide CivicPlus proof of their tax - exempt status, within fifteen (15) days of contract signing, and this agreement will not be taxed. If the Client's state taxation laws change, the Client will begin to be charged sales tax in accordance with their jurisdiction's tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes. -- Remainder of this page left intentionally blank -- Page 4 of 5 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 CService & License Agreement for North Palm Beach, FL ;) GSA Contract GS- 35F -0124U Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Client 466V'�_ez' /'hl C AJ CivicPlus Date 2v I Date Sign and E -mail or Fax this Copy And – Mail Two (2) Signed Originals Attn: Contract Manager CivicPlus Contract Manager E -mail: SalesCoordinators @CivicPlus.com 317 Houston St., Suite E Fax: 785 - 587 -8951 Manhattan, KS 66502 We will e -mail or fax a counter - signed copy of the contract back to you so we can begin your project. Upon receipt of two signed originals, we will counter -sign and return one copy for your files. -- Remainder of this page left intentionally blank— Page 5 of 5 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 C Service & License Agreement for North Palm Beach, FL GSA Contract GS- 35F -0124U Exhibit A - CivicPlus Project Deliverables All Quotes are in US Dollars and Valid for through September 30th, 2014. Labor Category GSA Hourly Rate with IFF Hours Total Cost Website Consultant $149.01 0.00 $0.00 Project Manager $135.86 100.00 $13,586.00 Network Consultant $135.86 0.00 $0.00 Wireless Network Technician $135.86 10.00 $1,358.00 Programmer $131.48 80.00 $10,518.00 Graphic Designer $109.57 0.00 $0.00 Writer $109.57 0.00 $0.00 Server and Network Technician $109.57 20.00 $2,191.40 Trainer $109.57 30.00 $3,284.10 PC Technician $89.41 0.00 $0.00 Content Developer $80.64 1 68.25 $5,503.68 Total First Year Fee (includes first year annual services of $5,840) $36,445.18 Project Development Includes the Following: Modules • Agenda Center • Alerts Center & Emergency Alert Notification • Archive Center • Bid Postings • Blog • Business /Resource Directory • Calendar • Carbon Calculator • Citizen Request Tracker TM (5 users) • Community Voice TM • Community Connection • Document Center • ePayment Center • Facilities & Reservations with Activities • Frequently Asked Questions • Forms Center • Healthy City • Intranet • Job Postings • My Dashboard • News Flash • Notify Me® Email • Online Job Application with 1 Generic Application • Opinion Poll • Photo Gallery • Postcard • Quick Links • Real Estate Locator • Spotlight • Staff Directory Functionality • Action Items Queue • Audit Trail / History Log • Automated PDF Converter • Automatic Content Archiving • Content Library • Dynamic Breadcrumbs • Dynamic Sitemap • Expiring Items Library • Generic Mobile App (iOS & Android) • Graphic Link Administration • Links Redirect and Broken Links Finder • Menu Management • Mouse -over Menu Structure • MuniMobileTM • Online Editor for Editing and Page Creation (WYSIWYG) • Online Web Statistics (Only With CivicPlus Hosting) • Printer Friendly /Email Page • Rotating Content • RSS • Search Engine Registration • Site Layout Options • Site Search & Entry Log • Slideshow • Social Media Integration (Facebook & Twitter) • User & Group Administration Rights • Web Page Upload Utility • Website Administrative Log Exhibit A 1 of 3 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 CService & License Agreement for North Palm Beach, FL ;) GSA Contract GS- 35F -0124U Project Development Exhibit A 2 of 3 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 Kick -Off Meeting Deliverable: Project Timeline, training jump start and worksheets Included Phase 1: Consulting Deliverable: Needs assessment, best practices and worksheets Included Phase 2: Website Preview Presentation Deliverable: Website layout and mood board will be presented for your Included approval Phase 3: Website Reveal Presentation Deliverable: Completed website design and navigation structure will be Included presented. You will be able to propose changes at this time. Phase 4: Three Days of Customized On -Site Implementation Training for up to 12 employees. Quote includes travel expenses ($80 perperson per day forthe 13th attendee and beyond) Deliverable: Train System Administrator(s) on GCMSO Administration, Included permissions, setting up groups and users, module administration. Basic User training on pages, module entries, applying modules to pages. Applied use and usability consulting to result in effective communication through your website. Phase 5: Go Live Deliverable: Content migrated from the current primary site to new site based on best practice recommendations. Custom website. Registration of site with all major search engines. Included Note: Content from sites other than the primary site can be migrated to the new primary site for an additional fee. Additional Functionality Google Translation Tool Included Options Included in One -Time Fee GoCitizen Pro Custom Mobile App (iOS & Android) Included LDAP Integration Included Total Project Development Fee $36,446 First Year's Annual Services $5,840 Server storage not to exceed 20 GB Total Fees Year 1 6,446 Exhibit A 2 of 3 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 C Service & License Agreement for North Palm Beach, FL GSA Contract GS- 35F -0124U Second Year Annual Services — 12 months from contract signing Server Storage not to exceed 20 GB $5,840 Annual Services Include the Following: Support Maintenance of CivicPlus Hosting Application & Modules 7 a.m. — 7 p.m. (CST) Monday - Friday Install Service Patches for OS Shared Web /SQL Server (excluding holidays) Upgrades DNS Consulting & Maintenance 24/7 Emergency Support Fixes Monitor Bandwidth - Router Traffic Dedicated Support Personnel Improvements Redundant ISP 2 -hour Response during Normal Hours Integration Redundant Cooling Usability Improvements Testing Diesel Powered Generator Integration New & Upgraded Services Development Daily Tape Backup Proactive Support for Updates & Fixes Usage License Intrusion Detection & Prevention Online Training Manuals Antivirus Protection Monthly Newsletters Upgrade Hardware Phone Consulting CivicPlus Connection Company Details Icon Enterprises, Inc., d /b /a CivicPlus Federal Tax ID 48- 1202104 GSA Contract # GS- 35F -0124U Toll Free 888 - 228 -2233 Mailing Address for Purchase Orders and Icon Enterprises, Inc., d /b /a CivicPlus Payments Attn: Accounting 317 Houston St., Suite E Manhattan, KS 66502 Exhibit A 3 of 3 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPius.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 C pService & License Agreement for North Palm Beach, FL GSA Contract GS -35F -01240 Exhibit B — Redesign Details • New design • Redevelop banner • Redevelop navigation method (may choose top drop -down or other options) • Design setup - wireframe • Redevelop graphic elements of website (Newsflash, FAQs, Calendar, etc.) • Project Management • Testing • Review • Content Migration — Includes retouching of all existing published pages to ensure proper formatting, menu structure, and application of new site styles. Note: Content will not be rewritten, reformatted or pages broken up (shortened or re- sectioned) • Site styles and page layouts will be touched so all pages match the new design and migrate cleanly • Spelling and broken links will be checked and reported if unable to correct Exhibit B 1 of 1 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951