HomeMy WebLinkAboutCivic Plus/Town WebsiteRESOLUTION 2011-838
ADOPTED
DOC ID: 7411
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-838 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott
A. Russell to execute a Service and License Agreement with Civic Plus to provide website
development, design, implementation, support, maintenance and hosting, subject to the approval
of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED IUNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Krupski Jr., Evans, Russell
ABSENT: Christopher Talbot
S~rvice & License Agreement for Town of Southold, NY
Project Development
ORIGINAL
Organization Town of Southold URL TBD
Street Address 53095 Main Rd
Address 2 PO Box 1179
Postal
City Southold State NY 11971
Code
(:;k;i~'- L~ pro~, ~"i~i~"ph~n~ ~u-~p'oT~"k~"~-Ii"/:~Tn~'~iien~ from ~m~:~ ~'~r~i~i~:"l~Sa-~;z~ia~;'~e-x~l~Sing holidaY/s). 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 Lloyd Reisenberg, 631-879-1554
Emergency Contact & Mobile Phone Zac Tomaszewski, 631-879-1553
Emergency Contact & Mobile Phone
Billing Contact Lloyd Reisenberg E-Mail Lloyd.reisenberg~town.southold.ny.us
Phone 631-765-1891 Ext. Fax 631-765-51 78
Billing Address PO BOX 1179
Address 2
City Southold ST NY Postal 11971
Code
Tax ID # 1 1-6001939 Sales Tax EX-A-163554
Exempt #
Account
Billing Terms Rep
info Required on invoice (PO or Job #)
Contract Contact Lloyd Reisenberg Email Iloyd.reisenberg@town.southold.ny~us
Phone 631-765-1891 Ext. Fax 631-765-5178
Project Contact Lloyd Reisenberg Email
IIoyd.reisenberg@town.southold.ny,us
Phone 631-765-1891 Ext. Fax 631-765-5178
Terms & Conditions
Client Deliverable
1. Icon Enterprises, Inc., d/b/a CivicPlus will create a unique website for the Town of Southold, NY (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, Site Modification, Training
services (Project Development Services), Additional Page and/or Graphic Design that exceed those defined in Exhibit A.
CivicPlus will invoice Client for the additional services immediately prior to project Go-Live. 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.
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
Page I of 4
C ~1 Service & License Agreement for Town of Southold, NY
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. Modules that incur additional
usage fees may be purchased and activated at any time.
Billing & Payment Terms
4. One-third of the total Project Development fee will be billed upon completion of design (Objective 1, Exhibit A); one-third of the
total Project Development fee will be billed upon completion of content (Objective 2, Exhibit A). The remainder of the Project
Development fee and any additional Project Development services will be invoiced upon Go-Live (Objective 4, Exhibit A).
5. 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. All Parties agree that the website will not go-live until the project is accepted in writing by
the client.
6. Project Development invoices are due by the first of the following month, but no later than 30 days from invoice date. Project
Development will be discontinued if payment is not made within 30 days after the invoice due date.
7. Invoicing for Annual Support, Maintenance & Hosting begins six months from contract signing or upon project Go-Live
whichever occurs first.
8. Annual Support, Maintenance & Hosting invoices may be prorated in order to correlate with the Client's budget year, and ara
Invoiced prior to the year of service.
9. 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.
10. Provided the Client's account is current, at any time the Client may request a "point-in-time" electronic copy of the website
Customer Content (graphic designs, web content, page designs and banners), and Content Management System (CMS)
Software. For this site scrape, 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
11. 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.
12. 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.
13. In the event of early termination of this Agreement by the client, full payment for all completed services is due within 30 days of
termination.
14. 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
15. 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.
16. Support includes providing technical support of the CivicPlus Content Management 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.
17. Dudng 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 Software and reported to CivicPlus by the client,
such warranty to include ongoing maintenance upgrades and technical error correction.
18. 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.
CivicPlus · 317 Houston St., Suite E · Manhattan, KS 66502 · www. CivicPlus.com
Toll Free 888-228-2233 · Accounting Ext. 215 · Suppod Ext. 307 · Fax 785-587-8951
Page 2 of 4
Service & License Agreement for Town of Southold, NY
Marketing
19. Client will work with the CivicPlus Marketing Department to make a reasonable attempt to gather information and meet
deadlines associated with website award contest entdes throughout the term of this agreement, and to create a case study
related to their website.
20. 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.
21. 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.
22. Client allows 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
23. 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 bannem ("Customer Content"), as well as the CMS Software.
24. If the contract between Client and CivicPlus is terminated due to the wishes of Client, the CivicPlus Support Department will
work with Client to transfer all associated data and software to Client's new hosting arrangement and, if necessary,
management platform.
25. In the event that CivicPlus were to cease support for the software due to bankruptcy, acquisition, a change in business
operations or other cimumstances, you would also receive full and complete control of all website data and software, allowing
Client to move the entire website to an alternative hosting location without altering the management tools or modifying
operation of the website in any way.
26. 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.
27. Client shall not (ii license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make
available to any third party the Soltwam in any way; (ii) modify or make derivative works based upon the software; (iii) create
Intemet "links" to the Software or "frame" or "mirror" any functionality on any other server or wireless or Intemet-based device;
or (iv) reverse engineer or access the Software in order to la) build a competitive product or service, (bi build a product using
similar ideas, features, functions or graphics of the Software, or lc) copy any ideas, features, functions or graphics of the
Software.
28. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the CMS System are trademarks
of CivicPlus, and no fight or license is granted to use them.
Indemnification
29. 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.
30. 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.
31. Except as expressly provided in this Agreement, CivicPlus makes no expressed or implied representations or warranties,
including any warranties regarding memhantability or fitness for a particular cause.
Page 3 of 4
CivicPlus · 317 Houston St., Suite E · Manhat[an, KS 66502 · www. CivicPlus.com
Toll Free 888-228-2233 · Accounting Ext. 215 · Support Ext. 307 · Fax 785-587-8951
" ~ ~1 ~ervice & License Agreement for Town of Southold, NY
Force Majeure
32. 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, stdke, lockout, labor dispute, civic disturbance, dot, war, national emergency, act of Govemment, act of public
enemy, or other cause of similar or dissimilar nature beyond its control.
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
Page 4 of 4
~ ~ Service & License Agreement for Town of Southold, NY
Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services
outlined in this Agreement.
Date
Date
Sign and Fax this Copy
Attn: Contract Manager
Fax: 785-587-8951
And - Mall Two (2) Signed Originals
CivicPlus Contract Manager
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.
-Remainder of this page left intentionally blank--
CivicPlus · 317 Houston St., Suite E · Manhattan, KS 66502 · w'~,v. CivicPlus.com
Toll Free 888-228-2233 · Accounting Ext. 215 · Support Ext. 307 · Fax 785-587-8951
Page 5 of 4
-. Service & License reement for Town of Southold, NY
Exhibit A - CivicPlus Project Deliverables
All Quotes are in US Dollars and Valid for 30 Days from November 29, 2011.
Year 2 and Beyond Annual Support, Maintenance & Hosting
Subject to annual 5% increase year 3 and beyond $4,230.00
--Remainder of this page left intentionally blank--
CivicPlus · 317 Houston St., Suite E · Manhattan, KS 66502 · www. CivicPlus.com
Toll Free 88~228-2233 · Accounting Ext. 215 · Support Ext. 307 · Fax 785-587-8951
Exhibit A 1 of 3
~ervice & License reement for Town of Southold, NY
Project Development
Phase 1: Analysis and Timeline Development $1,971.00
Deliverable: Project Timeline and worksheets
Phase 2: Website Design $4,655.00
Deliverable: Website Design Composition
Phase 3: Navigation Architecture Development $1,083.00
Deliverable: Navigation structure optimized for your website
Phase 4: Modules and Site Setup
Deliverable: Set up fully functional site, software that runs the site, and site's statistical $3,079.00
analysis.
Phase 5: Content Development of 100 standard pages and up to 500 supporting elements $4,361.00
Deliverable: Website content development and module content.
Phase 6: Test and Review, Establish Future Expectations $1,921.00
Deliverable: List of items that need to be addressed
Phase 7:24 Hours Interactive Webinar Training (up to 6 employees) $3,648.00
Quote includes free use of up to 6 webcams and headsets
Phase 8: Go-Live and Project Review $1,256.00
Deliverable: Final project review report
Phase 9: Marketing $393.00
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.
Additional Functionality
Google Translation Tool Included
Purchase and Hosting of New Domain for Town Website (Client Owned) Included
Gov 2.0 Upgrades
BIog Share Included
Facebook Integration Twitter Integration Included
Total Project Development Fee $22,367.00
First Year Annual Support, Maintenance and Hosting Fee" Included
~e not to exceed 15 GB; Media Center stora__~e not to exceed 40 GB
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
Exhibit A 2 of 3
"" C I~ Service & License Agreement for Town of Southold, NY
Project Development Includes the Following:
Modules I Functionality
· Agenda Center · Action Items Queue
· Alerts Center & Emergency Alert Notification · Audit Trail / History Log
· Archive Center · Automated PDF Converter
· Bid Postings · Automatic Content Archiving
· Business/Resource Directory · Content Library
· Calendar · Dynamic Breadcrumbs
· Carbon Calculator · Dynamic Sitemap
· Document Center · Expiring Items Library
· ·Pay · Graphic Link Administration
· Facilities & Reservations · Links Redirect and Broken Links Finder
· FAQs · Menu Management
· Featured Info Module · Mouse-over Menu Structure
· Forms Development Tool · Online Editor for Editing and Page Creation (WYSIWYG)
· Healthy City Initiative · Online Web Statistics (Only with CivicPlus Hosting)
· Intranet · PageWizard w/Multiple Layouts
· Job Postings · Printer Fdendly/Email Page
· Media Center · Rotating Content
· My Dashboard · RSS
· NewsFlash · Search Engine Registration
· NotifyMe Email Subscription · Site Layout Options
· Online Job Application w/l Generic Application · Site Search & Entry Log
· Opinion Poll · Slideshow
· Permits & Licensing · User & Group Administration Rights
· Photo Gallery · Web Page Upload Utility
· Postcard Module · Website Administrative Log
· Quick Links
· Real Estate Locator
· Request Tracker (5 users)
· Staff Directory
Annual Support, Maintenance & Hosting Service Include the Following:
Support Maintenance of CivicPlus Application Hosting
& 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 dudng 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
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
Exhibit A 3 of 3