HomeMy WebLinkAboutContract 2011 2380 T L'
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Building The Future of eGovernmentTM
May 17, 2011
City of Columbia Heights
Attn: Walt Fehst
590 40 Avenue NE
Columbia Heights, MN 55421
Dear Walt,
Enclosed is a copy of the signed contract with CivicPlus for your files. Please let me know if I
may be of further assistance.
Sincerely,
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M • a uhlman • CivicPlus & ePowered Schools
Business Development Specialist & Contract Manager
Main 888 - 228 -2233 x282
Direct 785 - 323 -4782
Fax 785 - 587 -8951
www.CivicPlus.com
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
•
, • • I • C !VI C P s Service & License Agreement for,Columbla Heights, MN
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Organization City of Columbia Heights URL http: / /www.ci.columbia- heights.mn.us
Street Address 590 40th Avenue NE
Address 2
City Columbia Heights State MN Postal 55421
Code
CivicPlus provides telephone support for all trained clients from 7am —7pm Central Time, Monday -Friday (excluding holidays). Emergency
Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current
updates.
Emergency Contact & Mobile Phone Jeffrey Hanson - Office 763 706 -3636 Mobile 651 353 -1594
Emergency Contact & Mobile Phone Aleksandr Chernin — Office 763 706 -3638 Mobile 612 226 -7559
Emergency Contact & Mobile Phone Jesse Hauf — Office 763 706 -3624 Mobile 763 443 -0965
Billing Contact Jeffrey Hanson E -Mail Jeff. Hanson @ci.columbia - heights.mn.us
Phone 763 706 -3636 Ext. Xx Fax 763 706 -3637
Billing Address City of Columbia Heights
Address 2 590 40 Ave NE
City Columbia Heights ST MN Postal 55421 -3878
Code
Tax ID # 41- 6005069 Sales Tax X x
Exempt #
Billing Terms Annual
Account Bryan Hahlbeck
Info Required on Invoice (P0 or Job #) XX
Contract Contact Walt Fehst Email Walt. Fehst @ci.columbia- heights.mn.us
Phone 763 706 -3600 Ext. Xx Fax 763 706 -3637
Project Contact Jeffrey Hanson Email Jeff. Hanson @ci.columbia- heights.mn.us
Phone 763 706 -3636 Ext. Xx Fax 763 706 -3637
Terms & Conditions
Client Deliverable
1. Icon Enterprises, Inc., d /b /a CivicPlus will create a unique website for the City of Columbia Heights, MN (Client) that includes
all functionality as defined in Exhibit A — CivicPlus Project Deliverables, attached hereto.
Additional Services
2. 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.
3. Client may contract with CivicPlus for additional Annual Support, Maintenance & Hosting services that exceed those defined in
Exhibit A. CivicPlus will invoice Client for annual services immediately prior to project Go -Live.
4. 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.
5. Modules that incur additional usage fees may be purchased and activated at any time.
Page 1 of 4
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 - 587 -8951
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Billing & Payment Terms
6. One -third of the total Project Development fee will be billed upon completion of design; one -third of the total Project
Development fee will be billed upon completion of content. The remainder of the Project Development fee and any additional
Project Development services will be invoiced upon Go -Live.
7. 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 upon project Go -Live the final bill for the project development
services will be billable and payable, and the first year's annual support and maintenance 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.
8. Project Development invoices are due by the first of the following month, but no sooner than 30 days from invoice date.
9. Invoicing for Annual Support, Maintenance & Hosting begins six months from contract signing or upon project Go -Live
whichever occurs first.
10. Annual Support, Maintenance & Hosting invoices may be prorated in order to correlate with the Client's budget year.
11. Fees for CivicPlus Annual Support, Maintenance & Hosting 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.
12. Project development will be discontinued if payment is not made within 45 days after the invoice due date.
13. After project go -live, if the Client's account exceeds 90 days past due, Annual Support, Maintenance & Hosting 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.
14. Provided the Client's account is current, at any time the Client may request an electronic copy of the website Customer
Content and Content Management System (CMS) Software. 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 and CMS Software.
Agreement Renewal
15. Either party may terminate the Annual Support, Maintenance & Hosting Agreement at the end of the contract term by providing
the other party with 60 days written notice, prior to the contract renewal date.
16. 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.
17. In the event of early termination of this Agreement by the client, full payment of the remainder of the contract is due within 45
days of termination.
18. Each year this Agreement is in effect, charges for Annual Support, Maintenance & Hosting services may be increased by
CivicPlus by no more than 5% per annum.
Support
19. 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.
20. Support includes providing technical support of the CivicPlus Content Management Software, application support (pages and
modules), and 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.
21. During the period of this agreement and subsequent annual renewals, CivicPlus warrants that it will, without additional charge
to the client, immediately correct any problems or defects discovered in the Software and reported to CivicPlus by the client,
such warranty to include ongoing maintenance upgrades and technical error correction.
22. 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
23. 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.
Page 2 of 4
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 - 587 -8951
cIVI•
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Service & License Agreement for Columbia Heights, MN
BuildingThefuture of; •Government'
24. 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.
25. 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.
26. Client will make a reasonable attempt to work with the CivicPlus Marketing Department to create a case study related to their
website.
27. Client agrees to allow CivicPlus to display a "Powered 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
28. Upon full and complete payment of submitted invoices for the project development and launch of the website, client will own
the graphic designs, web content, page designs and banners ( "Customer Content ") as well as the CMS Software.
29. Upon completion of the development of the site, client will assume full responsibility for Web site 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.
30. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make
available to any third party the Software in any way; (ii) modify or make derivative works based upon the software; (iii) create
Internet "links" to the Software or "frame" or "mirror" any functionality on any other server or wireless or Internet -based device;
or (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using
similar ideas, features, functions or graphics of the Software, or (c) copy any ideas, features, functions or graphics of the
Software.
31. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the System are trademarks of
CivicPlus, and no right or license is granted to use them.
Indemnification
32. 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. This section shall not apply to the extent that any loss or damage is caused by the negligence or willful
misconduct on the part of CivicPlus. If Client and CivicPlus are both negligent, damages shall be apportioned in accordance
with the percentage of negligence of each party. This paragraph is not intended to benefit entities not a party to this contract.
33. 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.
34. 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.
Force Majeure
35. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if
the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated
work stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of Government, act of public
enemy, or other cause of similar or dissimilar nature beyond its control.
-- Remainder of this page left intentionally blank- -
Page 3 of 4
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 - 587 -8951
CIVIC • .
Plus -
Service & License ,Agreement for Columbia Heights, MN .
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Acceptance
We, the undersigned, agreeing to the conditions specified in this .11 b ent, understand and authorize the provision of services
outlined in this Agreement.
Act,
al,n, City Manager Ma •r
al if
ity of Columbia eight / ►' Date
72/1( X—) 005
CivicPlus Date
Sign and Fax this Copy And – Mail Two (2) Signed Originals
Attn: Contract Manager CivicPlus Contract Manager
317 Houston St., Suite E
Fax: 785 - 587 -8951 Manhattan, KS 66502
We will fax a counter - signed copy of the faxed 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 4 of 4
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 - 587 -8951
• • •
Service & License Agreement for Columbia Heights, MN
t.' BuildingThe ' Futureof`eGovernment'"` y • -
Exhibit A - CivicPlus Project Deliverables
All Quotes are in US Dollars and Valid for 30 Days from April 25, 2011.
Project Development $28,537
Annual Support, Maintenance & Hosting $3,000
Server Storage not to exceed 15 GB; Media Center Storage not to exceed 10 GB
Total Fees Year 1 $31,537
-- Remainder of page left intentionally blank- -
Exhibit A 1 of 3
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 - 587 -8951
• • 1,
Service & License A reement for C olumbia Hei hts MN
Civic.PIus - - g Heights,
Bwldrng The Future of eGovernment'"
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Project Development
Objective 1: Establishing Your Site's Focus
Phase 1: Analysis and Timeline Development $1,524
Deliverable: Project Timeline and worksheets
Phase 2: Website Design
Deliverable: Website Design Composition $4,370
Phase 3: Navigation Architecture Development $385
Deliverable: Navigation structure optimized for your website
Objective 2: Content Development and Page Layout
Phase 4: Modules and Site Setup
Deliverable: Set up fully functional site, software that runs the site, and site's statistical $1,549
analysis.
Phase 5: Content Development of 100 standard pages and up to 500 supporting elements
Deliverable: Website content development and module content.
$3,374
Phase 6: Test and Review, Establish Future Expectations $1,313
Deliverable: List of items that need to be addressed
Objective 3: Equipping Your Staff for Successful Website Maintenance
Phase 7: 3 Days of On -Site Training for up to 10 employees. Quote includes travel expenses
Deliverable: Train System Administrator(s) on CMS Administration, permissions,
setting up groups and users, module administration. Basic User training on pages, $5,890
module entries, applying modules to pages. Applied use and usability consulting to
result in effective communication through your website.
Objective 4: Website Deployment
Phase 8: Go -Live and Project Review $762
Deliverable: Final project review report
Phase 9: Marketing $250
Deliverable: Registration of site with all major search engines
Phase 10: Ongoing Consultation
Deliverable: Site review with recommendations for enhancements to improve visitor Included
interaction; layout, design and content recommendations.
Expandable Modules
None n/a
Additional Functionality
SSL Setup and Hosting for ePay Included
Mobile Website Detection and Hosting Included
Google Language Translation
Included
Gov 2.0 Upgrades
Blog Share Included
Facebook Integration Twitter Integration Included
Options Included in One -Time Fee
Pre - Implementation Option: On -Site Strategic Planning with Individual Departments Two
days of meetings (up to 12 departments) to interpret current processes and services, resulting $4,560
in recommendation for website solutions. Quote includes travel expenses.
Deliverable: A document summarizing the meetings, with analysis and
recommendations. Design information gathered.
Post - Training Option: Three Month Checkup Held three months after Go -Live, includes two $4,560
da s of additional consultation /trainin.. Quote includes travel expenses.
Total Project Development Fee $28,537
First Year Annual Support, Maintenance and Hosting Fee $3,000
Server storage not to exceed 15 GB; Media Center storage not to exceed 10 GB
Total Fees Year 1 $31,537
Exhibit A 2 of 3
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 - 587 -8951
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Service & License Agreernent for Columbia Heights, MN
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Project Development Includes the Following:
Modules Functionality
• Alerts Center & Emergency Alert Notification • Action Items Queue
• Archive Center • Audit Trail / History Log
• Bid Postings • Automated PDF Converter
• Business /Resource Directory • Automatic Content Archiving
• Calendar • Content Library
• Carbon Calculator • Dynamic Breadcrumbs
• Document Center • Dynamic Sitemap
• ePay • Expiring Items Library
• Facilities & Reservations w /50 Facilities • Graphic Link Administration
• FAQs • Links Redirect and Broken Links Finder
• Featured Info Module • Menu Management
• Forms Development Tool • Mouse -over Menu Structure
• Healthy City Initiative • Online Editor for Editing and Page Creation (WYSIWYG)
• Intranet • Online Web Statistics (Only with CivicPlus Hosting)
• Job Postings • Page Wizard w /Multiple Layouts
• Media Center • Printer Friendly /Email Page
• NewsFlash • Rotating Content
• NotifyMe Email Subscription • RSS
• Online Job Application w/1 Generic Application • Search Engine Registration
• Opinion Poll • Site Layout Options
• Permits & Licensing • Site Search & Entry Log
• Photo Gallery • Slideshow
• Postcard Module • User & Group Administration Rights
• Quick Links • Web Page Upload Utility
• Real Estate Locator w/25 Properties • Website Administrative Log
• Request Tracker (5 users)
• Staff Directory
Annual Support, Maintenance & Hosting Service Include the Following:
Support Maintenance of CivicPlus Hosting
Application & Modules
7 -7 (CST) Mon -Fri (excluding holidays) Install Service Patches for OS Shared Web /SQL Server
24/7 Emergency Support Upgrades DNS Consulting & Maintenance
Dedicated Support Personnel Fixes Monitor Bandwidth - Router Traffic
2 -hour Response during Normal Hours Improvements Redundant ISP
Usability Improvements Integration Redundant Cooling
Integration New & Upgraded Services Testing Natural Gas Powered Generator
Proactive Support for Updates & Fixes Development Daily Tape Backup
Online Training Manuals Usage License Intrusion Detection & Prevention
Monthly Newsletters Antivirus Protection
Phone Consulting Upgrade Hardware
CivicPlus Connection
CivicPlus University
Exhibit A 3 of 3
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 - 587 -8951
t • •
� ��' c P l , u s Basic Subsite. for To Valu Liquor
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Organization Top Valu Liquor URL http: / /www.topvaluliquor.com
Street Address City of Columbia Heights
Address 2 590 40 Ave NE
City Columbia Heights State MN Postal 55421 -3878
Code
CivicPlus provides telephone support for all trained clients from lam -7pm Central Time, Monday- Friday (excluding holidays). Emergency
Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current
updates.
Emergency Contact & Mobile Phone Jeffrey Hanson - Office 763 706 -3636 Mobile 651 353 -1594
Emergency Contact & Mobile Phone Aleksandr Chernin — Office 763 706 -3638 Mobile 612 226 -7559
Emergency Contact & Mobile Phone Jesse Hauf — Office 763 706 -3624 Mobile 763 443 -0965
Project Contact Jeff Hanson Email Jeff. Hanson @ci.columbia - heights.mn.us
Phone 763 706 -3636 Ext. Fax 763 706 -3637
Account Bryan Hahlbeck
/1C,fi u City Manager Mayor
Ci ty of Columbia Hei ; is - Date
1) - - r---66- 2 4-6-' 'At& 0 1-1
CivicPlus Date
Sign and Fax this Copy And - Mail Two (2) Signed Originals
Attn: Contract Manager CivicPlus Contract Manager
Fax: 785 - 587 -8951
317 Houston St., Suite E
Manhattan, KS 66502
We will fax a counter - signed copy of the faxed 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.
Page 1 of 2
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 - 587 -8951
.,
• •
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BurldingT ,he,Futureof'eGov ' Parent Site�— Columbia Heights, MN '•
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CivicPlus Project Development Services & Scope of Services for Basic Sub -Site
Ail Quotes are in US Dollars and Valid for 120 Days from April 20. 2011
Project Details Optional One Time Fee
Design & Project Overview
• Administration shared with parent site $2,500
• Same template as parent site with a new banner
• Same design elements and color scheme as parent site
• Unique URL (reverts to parent site's URL when sub -site is visited)
• Variant global navigation (global navigation buttons are not changed, only the text is
replaced) CivicPlus will develop recommended navigation for an additional fee.
• Existing and future modules shared with parent site (selecting "View All" on a sub -site
calendar takes you to the parent site's calendar)
• Shared site search (returns results from both sites)
• Up to 20 pages of content will be developed. Additional development may be purchased
• Training not included
BASIC Sub Add - Ons
Additional content development Optional
$1,450/50 pages
Develop recommended navigation Optional $1,750
Content review and quality assurance Optional $1,500
Full system phone training Optional
Full system on -site training Optional
Refresher phone training Optional
Unique graphic buttons Optional $300 ea
Alter existing graphic buttons Optional $85 ea
Site Separation (set up as separate entity from parent site, for new sub -sites only) Optional $500
Color scheme change (includes global navigation, column, relevant colors, and a single color Optional $2,000
background change)
Total Project Development Fee $2,500
Hosting fees for your sub -site are subject to the renewal terms of the original contract between CivicPlus and Columbia
Heights. Invoicing for Annual Support, Maintenance & Hosting begins six months from contract signing or upon project Go-
Live, whichever occurs first.
Annual Support, Maintenance and Hosting Fee $600
(Server Storage not to exceed 5 GB)
Optional Monthly Pay Plan (includes $10 monthly surcharge) $60
Annual Support, Maintenance & Hosting Service Include the Following:
Support Maintenance of CivicPlus Hosting
Application & Modules
7 -7 (CST) Mon -Fri (excluding holidays) Install Service Patches for OS Shared Web /SQL Server
24/7 Emergency Support Upgrades DNS Consulting & Maintenance
Dedicated Support Personnel Fixes Monitor Bandwidth- Router Traffic
2 -hour Response during Normal Hours Improvements Redundant ISP
Usability Improvements Integration Redundant Cooling
Integration New & Upgraded Services Testing Natural Gas Powered Generator
Proactive Support for Updates & Fixes Development Daily Tape Backup
Online Training Manuals Usage License Intrusion Detection & Prevention
Monthly Newsletters Antivirus Protection
Phone Consulting Upgrade Hardware
CivicPlus Connection
CivicPlus University
Page 2 of 2
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785 -587 -8951