Res No 017-13-13895RESOLUTION NO. 17-13-13835
A Resolution authorizing the City Manager to enter into a contract with Icon Enterprises, Inc.,
d /b /a/ CivicPlus to create a new and unique city website through a piggyback agreement
from the City of Knoxville. The City will receive the same pricing and terms as the City of
Knoxville agreement in the amount of $21,980.00 from the City Manager's Office account
number 001 - 1310 - 513 -4634 with a current balance of $ 35,1206
WHEREAS, the current City of South Miami's website is outdated, not user friendly, and inefficient;
and,
WHEREAS, the city desires to develop an up to date, services oriented website for its residents and
business owners; and
WHEREAS, Icon
Enterprises, Inc.,
d /b /a/ CivicPlus will
create a unique website for the City that includes
all functionality as
defined in Exhibit
A — CivicPlus Project
Deliverables, attached hereto; and
WHEREAS, after 48 consecutive months, the city becomes fully eligible for a CP Basic Redesign at no
additional cost to the city as per attached Exhibit B; and
WHEREAS, the city shall enter into agreement with Icon Enterprises, Inc., d /b /a/ CivicPlus through a
piggyback agreement from the City of Knoxville for the same pricing and terms.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into a contract with Icon Enterprises, Inc.,
d /b /a/ CivicPlus to create a new and unique city website through a piggyback agreement from the City of
Knoxville for an amount not to exceed $21,980.00 for the first year's annual support, maintenance &
hosting. The pricing for year 2 and beyond for annual support, maintenance, and hosting shall be in the
amount of $4,425.00.
Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the
remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of the City
Commission.
PASSED AND ADOPTED this 22ndday of January .1 2013.
jA�i -fE �rj
"ITY CLERK
• «te A
rj r ►)
' •
CITY A
COMMISSION VOTE: 5 -0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
6,
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
South Miami
NMmericacity
II I I
2001
�1:.
Via: Steven J. Alexander, City Manager
From: Car ry te5,,CiefCoordinating Officer /Code Enforcement Director
J
Date: January 22, 2013 Agenda Item No.:
Subject: A Resolution authorizing the City Manager to enter into a contract with Icon
Enterprises, Inc., d /b /a/ CivicPlus to create a new and unique city website
through a piggyback agreement from the City of Knoxville. The City will receive
the same pricing and terms as the City of Knoxville agreement in the amount of
$21,980.00 from the City Manager's Office account number 001 - 1310 -513 -4634
with a current balance of $35,120.00.
Background: The city desires to develop an up to date, services oriented website for its residents and
business owners.
Icon Enterprises, Inc., d /b /a/ CivicPlus will create a unique website for the City that
includes all functionality as defined in Exhibit A — CivicPlus Project Deliverables,
attached hereto.
After 48 Consecutive months, the city becomes fully eligible for a CP Basic Redesign
at no additional cost to the city as per attached Exhibit B.
Year two (2) and beyond, annual support, maintenance and hosting would be an
additional cost of $4,425.00.
Expense $ 21,980.00
Account 001 -1310 -513 -4634 (current balance = $35,120.00)
Attachments.
Proposed Resolution
Bid and Contract from the City of Knoxville
Ee
CService & License Agreement for South Miami, FL
Project Development with Redesign
Organization City of South Miami uRl- www.southmiamifl.gov
Street Address 6130 Sunset Drive
Address 2
City South Miami State FL Postal `33143
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 Steven Alexander (305) 668 -2510
Emergency Contact & Mobile Phone Carmen Baker (305) 216 -8958
Emergency Contact & Mobile Phone Alfredo Riverol (305) 588 -1850
Billing Contact Alfredo Riverol E-Mail ariverol @southmiamifl.gov
Phone 305 588 -1850 Ext. Fax
Billing Address 6130 Sunset Drive
Address 2
city South Miami ST FL Postal 33143
Code
Tax ID # 590000431 W Sales Tax 85- 8012621693CA
Exempt #
Billing Terms Net 30 days ARcP unt Alfredo Riverol
Info Required on Invoice (PO or Job #) PO#
Contract contact Steven Alexander Email SAlexander @southmiamifl.gov
Phone 305 668 -2510 Ext. Fax 305 663 -6345
Project Contact Carmen Baker Email cbaker @southmiamifl.gov
Phone 305 668 -7334 Ext. Fax 305 666 -4591
Terms & Conditions
Client Deliverable
1. Icon Enterprises, Inc., d/b /a CivicPlus will create a unique website for the City of South Miami (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, 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.
Page 1 of 4
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 South Miami, FL
4. 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
5. 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 after training has been completed.
6. 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. All Parties agree that the website will not go -live until the project is accepted in writing by
the client.
7. 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.
8. Invoicing for Annual Support, Maintenance & Hosting begins one (1) year from contract signing.
9. Annual Support, Maintenance & Hosting invoices may be prorated in order to correlate with the Client's budget year, and are
invoiced prior to the year of service.
10. 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 Support, Maintenance & Hosting will be discontinued
- -until the- t;tient's- account- ismade-current: -Ghent wiii -be- given 30-tlays- notice- prtorto- discontinuati orrotsentices-tor-non---- -
payment.
11. 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) up to 90 days. 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.
12, Prnvirtari the riiant'.c nrrnunt is riirrpnt at nnv fimp fhp (_lipnf may raniipgt an plpr%fmnir rnnv of the wph-qifp Caigfnmp-r
Content (graphic designs, web content, page designs and banners). Client may receive one complimentary copy every four
years. If Client requests additional copies, 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
Government Content Management System (GCMS) Software.
Agreement Renewal
13. 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, limited to no more than 5 years (60 months). 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.
14. 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.
15, in the event of contract termination, Client forfeits eligibility for the CP Basic Redesign and all funds applied to such eligibility.
16. Each year this Agreement is in effect, a technology investment and benefit fee of 5 percent ( %) of the total Annual Support,
Maintenance & Hosting costs will be applied.
Support
17. 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 247/365 basis for emergency contacts named by the Client. Client is
responsible for providing CivICPIus with contact updates.
18. Support includes providing technical support of the CivicPlus Government 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.
19. 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 Software and reported to CivicPlus by the client,
such warranty to include ongoing maintenance upgrades and technical error correction.
Page 2 of 4
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
k
*:
k
pService & License Agreement for South Miami, FL
20. 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
21. Client will work with the CivicPlus Marketing Department to make a reasonable attempt to gather information and meet
deadlines associated with website award contest entries throughout the term of this agreement, and to create a case study
related to their website.
22. 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.
23. 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.
24. 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
25. 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 GCMS Software,
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 (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 Government Content Management System administrative access 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 GCMS Software,
or (c) 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 GCMS System are
trademarks of CivicPlus, and no right 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, CivICPIus makes no expressed or implied representations or warranties,
including any warranties regarding merchantability or fitness for a particular cause.
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, 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.
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www,CivicPlus.com
Toll Free 888 - 228 -2233 • Accounting Ext. 291 a Support Ext. 307 • Fax 785- 587 -8951
Page 3 of 4
k
C;) Service & License Agreement for South Miami, FL
Enforcement
33. In any litigation arising out of the terms and conditions of this contract the parties waive the right to a jury trail and venue shall
be in Miami -Dade County, Florida.
Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services
outlined in this Agreement.
South
Sign and e-mail or Fax this Copy
Attn: Contract Manager
Email: SalesCoordinators @CivicPlus.com
Fax: 785 - 587 -8951
Date
_2 - l6,1
Date
And – Mail Two (2) Signed Originals
CivicPlus Contract Manager
317 Houston St., Suite E
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—
FA
Page 4 of 4
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
k
Service & License Agreement for Knoxville, IA
Project Development with Redesign
organization City of Knoxville URL www.discoverknoxville.com
Street Address 305S3 rd `
Address 2
o
city Knoxville State IA Coodeat 50138
Cl dcPlus provides telephone support for all trained clients from lam --7pm Central Time, Monday -Friday (excluding holidays). Emergency
Support is provided on a 2417/365 basis for representatives named by the client. Client is responsible for ensuring CivicRus has current
updates.
Emergency Contact & Mobile Phone Harold Stewart (641) 820 -1842
Emergency Contact & Mobile Phone Heather Ussery (641) 801 -8643
Emergency Contact & Mobile Phone Dylan Feik (801) 821 -1734
silting contact Heather Ussery E -Malt cityclerk0discoverknoxville.com
Phone (641) 828 -0550 Ext. 4 Fax (641) 828 -0511
Billing Address 305 S 3rd
Address 2
city Knoxville ST IA Cost l 50138
de
Tax ID # 42- 6004843 Safes Tax A
Exempt# 4103695
BifiingTerms Net 30 days AAccount Robert Disberger
Info Required on Invoice •• or
contract contact Harold Stewart Email citymanager@discoverknoxville.com
Phone
• • 82"550
• i i !
Project contact
Harold Stewart
Email
citymanager@discoverknoxville.corn__
Phone • 828 0550 Ext. 2 Fax
Terms & Conditions
Client Deliverable
1, Icon Enterprises, Inc., dlbla CivicPlus will create a unique websile for the City of Knoxville (Client) that includes all functionality
as defined in Exhibit A — ClvicPlus Project Deliverables, attached hereto.
2. After 48 consecutive months under these terms and associated pricing, Client becomes fully eligible fora CP Basic Redesign
at no additional cost. See Exhibit B for complete detalls.
Additional Services
3. Client may contract with CivicPlus for additional Consulting, Webslte Design, Setup, Programming, site modification, Training
services (Project Development Services), Additional Page andlor 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.
Page 1 of 4
ClvicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicP[us.com
TO Free 88B -228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785- 587.8951
61:
C;) Service & License Agreement for Knoxville, IA
4. Client may contract with CivicPlus for additional Annual Support, Maintenance & Hosting Services that exceed those defined in
Exhibit A. CivicPtus 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
5. One - thlyd 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 after training has been completed.
6. 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, All Parties agree that the websito will not go -live until the project is accepted in writing by
the client.
7. 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.
8. Invoicing for Annual Support, Maintenance & Hosting begins one (1) year from contract signing.
9. Annual Support, Maintenance & Hosting invoices may be prorated in order to correlate with the Client's budget year, and are
Invoiced prior to the year of service.
tU, After project go, va, a iC ei'enf s accoun exceeds 60 ay ps ast ue Support wi I be discontinued until the Client's account Is
made current. 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 disconfinuation of services for non -
payment.
11. 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).
12. Provided the Client's account is current, at any time the Client may request an electronic copy of the website Customer
r einiAnt rmmnhiC flocinnC Utah ennreni none riocinnc %net hennar % f" Bu.J ...m, . .J ..
.YN VvV W11W YVIfIFrII, I IVI not Y UVpy VVQIY IVY{
years. If Client requests additional copies, 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
Government Content Management System (GCMS) Software.
Agreement Renewal
13. 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 and 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.
14. 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.
15. In the event of contract termination, Client forfeits eligibility for the CP Basic Redesign and all funds applied to such eligibility,
16. Each year this Agreement Is in effect, a technology investment and benefit fee of 5 percent ( %) of the total Annual Support,
Maintenance & Hosting costs will be applied.
Support
17. 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.
18. Support includes providing technical support of the CivicPlus Government Content Management Software, application support
(pages and modules), and technical maintenance of Cllenl'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.
19. During the period of this agreement and subsequent annual renewals, ClvicPlus 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 CIvICPIus by the client,
such warranty to include ongoing maintenance upgrades and technical error correction.
20. 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.
CiviePlus • 317 Houston St., Suite E • Manhattan, KS 66502 • wrwr.CmcPlus.com Page 2 of 4
Toll Free 888- 228 -2233 • Accounting EA. 291 • Support Ext. 307 • Fax 785.587 -8951
C;) Service & License Agreement for Knoxville, IA
Marketing
21. Client will work with the CivlcPlus Marketing Department to make a reasonable attempt to gather information and meet
deadlines associated with website award contest entries throughout the term of this agreement, and to create a case study
related to theirwebsile.
22. Client permits CivicPlus to Include an example of the Client`s home page and a link to the Client's website on the ClvicPlus
corporate website.
23. Client will make a reasonable attempt to work with the ClvlcPlus Marketing Department to create a news item to be released in
conjunction with their project Go -Live date. Client will provide CivlcPlus with contact information for local and regional media
outlets. ClvicRus may use the press release in any marketing materials as desired throughout the term of this Agreement.
24. Client allows CivicPlus to display a "Powered by ClvicPlus" 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
25. 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 GCMS Software.
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 (ij license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make
available to any third party the Software in anyway; (ii) modify or make derivative works based upon the software; (Ili) create
Internet "ilnks" to the Software or "frame or "mirror* any Government Content Management System administrative access on
any other server or wireless or Internet -teased 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 GCMS Software,
or (c) copy any ideas, features, functions or graphics of the Software.
28. The CivlcPlus name, the ClvfcPlus logo, and the product and module names associated with the GCMS System are
trademarks of CivicPlus, and no right 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 CivfcPius. If Client and CivlcPlus are both negligent, damages shalt 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. CivioPlus 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 CivicPius that furnishes services, facilities or equipment used In connection with CtvicPlus services or
facilities.
31. Except as expressly provided In this Agreement, CtvicPlus makes no expressed or Implied representations orwarrantles,
including any warranties regarding merchantability or fitness for a particular cause.
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, 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.
Page 3 of 4
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 4 www.CtvlcPlus.eom
Toil Free 888- 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785.587 -8951
Service & License Agreement for Knoxville, IA
Acceptance
Wet the undersigned, agreeing to the conditions specl(led In this document, understand and authorize the provision of services
outlined in this Agreement.
°7
City Krimilie
CivicPI s
Sign and a -mail or Fax this Copy
F _ wAttn: Contract Manager
Fax: 785 - 587 -8951
Date
And " Mail Two (2) Signed Originals
r_ Iv, Inpli m
317 Houston St., Suito F_
Manhattan, K5 66542
We will o -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, via will counter -sign and return one copy for your tiles.
-- murnamdur of umu page teJ1 intonuonany -biom-
CivicPlus & 1317 Houston St., Suite E ' Minha ttan, KS 66502 ' wYrw,Qvi(:PloS.co1 -n Pair_ 4 of A
'roll Free 088.2 28-2233 • Accounting Ext. 291 • Support Ext. 307 v Fax 785.587 -8951
Date
And " Mail Two (2) Signed Originals
r_ Iv, Inpli m
317 Houston St., Suito F_
Manhattan, K5 66542
We will o -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, via will counter -sign and return one copy for your tiles.
-- murnamdur of umu page teJ1 intonuonany -biom-
CivicPlus & 1317 Houston St., Suite E ' Minha ttan, KS 66502 ' wYrw,Qvi(:PloS.co1 -n Pair_ 4 of A
'roll Free 088.2 28-2233 • Accounting Ext. 291 • Support Ext. 307 v Fax 785.587 -8951
Service & License Agreement for South Miami, FL
Exhibit A - CivicPlus Project Deliverables
All Quotes are in US Dollars and Valid for 30 Days from January 16, 2012.
.._._..._.__........... ._...._...- --- _.._.I.__- ..._..- ------- _............_...._..__,....__.
Project Development
First Year's Annuat Support, Maintenance & Hosting
Server Storage not to exceed 95 GB; Media Center Storargo not ti
Year 2 and Beyond Annual Support, Maintenance
Subject to 5% increase beyond
& Hosting
$4,425
annual year and
-- Remainder of this page left intentionally blank—
Exhibit A 1 of 3
Civ(cPlus • 317 Houston St, Suite E • Manhattan, KS 66502 • www.CivicPlus.com
To[[ Free 886 -228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951
Service & License Agreement for South Miami, FL
Project Development
CivicPlus v 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus corn Exhibit A 2 of 3
Toll Free 888- 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951
Phase 1: Analysis and Timeline Development
Deliverable: Project Timeline and worksheets
$1,757
Phase 2: Website Design
Deliverable: Website Design Composition
$4,621
Phase 3: Navigation Architecture Development
Deliverable: Navigation structure optimized for your website
$13261
Phase 4: Modules and Site Setup
Deliverable: Set up fully functional site, software that runs the site, and site's statistical
$1,758
analysis.
Phase 5: Content Development of 180 standard pages and up to 500 supporting elements
Deliverable: Website content development and module content.
$5,133
Phase 6: Test and Review, Establish Future Expectations
Deliverable: List of items that need to be addressed
$1'955
Phase 7: 24 Hours Interactive Webinar Training (up to 6 employees)
Quote includes free use of up to 6 webcams and headsets
Cehvera Ie: Train System Administrator(s) on GCMS Administration, permissions,
setting up groups and users, module administration. Basic User training on pages,
$3'840
module entries, applying modules to pages. Applied use and usability consulting to
result in effective communication through your website.
Phase 8: Go -Live and Project Review
Deliverable: Final project review report
$1,194
Phase 9: Marketing
lialiyarahlw• Ronictrafinn �f',.;to ,..;tw �n .., .,.i. ,.
$461
Phase 10: Ongoing Consultation
Deliverable: Site review with recommendations for enhancements to improve visitor Included
interaction; layout, design and content recommendations.
Additional Functlonaitty
Googie Translation Toot tnctuded
Gov 2.0 Upgrades
Blog Share
Included
Facebook Integration Twitter Integration Included
Options Included in One -Time Fee
None
nla
Total Project Development Fee
$21,980
First Year Annual Support, Maintenance and Hosting Fee
Server st ory a not to exceed 15 GB Media Center story a not to exceed 10 GB
Included
CivicPlus v 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus corn Exhibit A 2 of 3
Toll Free 888- 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951
F0
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1
CivicPlus v 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus corn Exhibit A 2 of 3
Toll Free 888- 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951
k k 41_ �;
pService & License Agreement for Knoxville, )A
Project Devela Tent Includes the Following:
Modules
Functionality
Agenda Creator
Action Items Queue
• Alerts Center & Emergency Alert Notification •
Audit Trail J History Log
Archive Center
Automated PDF Converter
Bid Postings
•
Automatic Content Archiving
Business/Resource Directory
•
Content Library
Calendar
•
Dynamic Breadcrumbs
• Carbon Calculator
.
Dynamic Sitemap
Citizen Request Tracker (5 users)
.
Expiring Items Library
. Community Voice
.
Generic Mobile App (IOS & Android)
. Document Center
Graphic Link Administration
• ePay
.
Links Redirect and Broken Links Finder
• Facilities & Reservations
Menu Management
• FAQs
Mouse -over Menu Structure
Featured Info Module
MunlMobile
Forms Center
•
Online Editor for Editing and Page Creation (WYSIWYG)
Healthy City Initiative
•
Online Web Statistics (Only with CivicPlus Hosting)
• Intranet
Page Wizard w /Multiple Layouts
Job Postings
Printer Friendly /Email Page
Media Center
Rotating Content
My Dashboard
•
RSS
• NewsFlash
•
Search Engine Registration
NotifyMe Email & SMS Text Subscription
Site Layout Options
Online Job Application w/1 Generic Application •
Site Search & Entry Log
Opinion Poll
Slideshow
Permits & Licensing
•
Social Media Integration (Facebook & Twiner)
Photo Gallery
.
User & Group Administration Rights
Postcard Module
•
Web Page Upload Utility
Quick Links
Webslte Administrative Log
Real Estate Locator
• StafflDireatont
Annual SuppoM Maintenance & Hostin
q Service include the Following:
Support
Maintenance of ClvlcPlus
Hosting
Aoplication &
Modules
7 -7 (CST) Mon -Fri (excluding holidays)
Install Service
Patches for OS
Shared Web /SQL Server
247 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
ClvicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.ClvicPlus.com
Toll Free 888- 228.2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785.587.8951
CPService & License Agreement for Knoxville, IA
Exhibit B - Redesign Details
• New design _
• Redevelop banner
• Redevelop navigation method (may choose top dro"own or other options)
• Design setup m wireframe
+ Redevelop graphic elements of website (Newsliash, 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: Contentwill not be rewritten, reformatted or pages broken up
• 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
CivioPlus • 317 Houston St., Suite E • Manhattan, KS 66502 v www.CMrPlus.com Exhibit 8 i of 1
Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 # Fax 765.587 -8951
0 �1., a
Council Letter
City of Knoxville
August 2, 2012
Agenda Item: Website Developer RFP
Background: The City received two responses to the RFP for a website
developer. Attached is a spread sheet outlining the results. The
City Manager has participated in a web demonstration with both
companies to see the content management system and design
capabilities of both companies and has conducted reference
checks. Both are good and reputable companies that have
developed quality websites. Each company has different
strengths however.
Golden Shovel is much stronger at developing economic
development websites. I did contact the reference listed for a
community in Nebraska that had a city /ED website developed by
Golden Shovel. They have been very satisfied with the quality of
the website and continued customer service after development.
They have had some complaints regarding the functionality of
their calendar component of the site.
CivicPlus is very strong on developing city websites. They have
developed over 1,100 city websites throughout the country. City
websites are the only type of site they develop. They have the
ability to develop a site unique to a community but also bring the
concepts and ideas of all their clients to the table. When a new
feature is developed for one client, all clients then have equal
access to the feature at no additional cost. In essence, with
CivicPlus the City wilt have 1,100 other communities assisting with
the development and design of the website.
Both companies will redesign the website every four years at no
additional cost to the City. Golden Shovel has a lower upfront
cost but has a higher monthly fee after development. CivicPlus
includes the first year of costs into their development quote.
It is the city manager's recommendation that given the less
expensive long term costs and the specialization of city website
development that CivicPlus be selected to develop a new site for
the City.
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CService & License Agreement for Knoxville, IA
Exhibit A - CivicPlus Project Deliverables
All Quotes are in US Dollars and Valid for 30 Days from August 8, 2012.
Project Development $21,980
First Year's Annual Support, Maintenance & Hosting Included
Server Storago not to exceed 15 GB; A9edta Center Storage riot to exceed 10 GS
Year 2 and Beyond Annual Support, Maintenance & Hosting $4A25
Subject to annual 5% Increase year 3 and beyond
Remainder of this page left Intentionally blank—
Exhibit A 1 of 3
CivicPlus • 317 Houston Si., Suite E • Manhattan, KS 66502 • www.CivioPlus.com
Toll Free 880 -228 -2233 • Accounting Ext. 291 @ Support Ext. 307 • Fax 785.587 -8951
C;) Service & License Agreement for Knoxville, IA
Project Development
Exhlbit A 2 of 3
ClvicPtus & 317 Houston St., Suite E • Manhattan, KS 66802 • www.ClvlcPlus.com
Toll Free 888.22 8*2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785587,8951
Phase 1: Analysis and Timeline Development
Deliverable: Project Timeline and worksheets
$1757
,
Phase 2: Website Des gn
Deliverable; Website Design Composition
$4,621
Phase 3: Navigation Architecture Development
Deliverable: Navigation structure optimized for yourwebsite
$1,x61
Phase 4: Modules an Slte Setup
Deliverable, Set up fully functional site, software that runs the site, and site's statistical
$1,756
analysis.
Phase 5: Content Development of 100 standard pages and up to 500 supporting elements
Deliverable: Website content development and module content.
$8,133
Phase 6: Test and Review, Establish Future Expectations
Deliverable: List of items that need to be addressed
$1,955
Phase 7: 24 Hours Interactive WiElnar TrRnlng (up to 6 employees)
- - Quoleincludes- tree - nee ofvp Po ti�vebcams�rrrd headsets
-
Deliverable: Train System Administrator(s) on GCMS Administration, permissions,
setting up groups and users, module administration. Basic User training on pages,
$3,840
module entries, applying modules to pages. Applied use and usability consulting to
result in effective communication through yourwebslla.
Phase 8: Go-Uve and Project Review
Deliverable: Final project review report
$10194
Phase 9: Marketing
Deliverable: Registration of site with all major search engines
IABA
Phase 10: Ongoing Consultation
Deliverable: Site review with recommendations for enhancements to improve visitor
included
interaction' lavoul. dwsinn and enntwnl rnrnmmnndatinns_
Additional Functionality
Google Translation Tool
Included
Gov 2.0 Upgrades
Blog Share
Included
Facebook Integration Twitter Integration
Inclu ed
Options Included In ono -Time Fee
None
n/a
Total Project Development Fee
$21,980
First Year Annual Support, Maintenance and Hosting Fee
Included
Server storage not to exceed 15 GB; Media Center storage not to exceed 10 GB
Exhlbit A 2 of 3
ClvicPtus & 317 Houston St., Suite E • Manhattan, KS 66802 • www.ClvlcPlus.com
Toll Free 888.22 8*2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785587,8951
6= 4* 41 k
I Service & License Agreement for South Miami, FIL
Project Development Includes the Foilowi�_�
4� _
F
Functionailt y
_
..,--Modules _ _
Agenda Creator
.
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
• Citizen Request Tracker (5 users)
•
Expiring Items Library
• Community Voice
•
Generic Mobile App (1O8 & Android)
• Document Center
•
Graphic Link Administration
ePay
w
Links Redirect and Broken Links Finder
• Facilities & Reservations
.
Menu Management
FAQs
.
Mouse -over Menu Structure
Featured Info Module
•
MuniMobile
Forms Center
.
Online Editor for Editing and Page Creation (WYSIWYG)
• Healthy City Initiative
.
Online Web Statistics (Only with ClvicPlus Hosting)
• Intranet
•
Page Wizard w /Multiple Layouts
• Job Postings
•
Printer Friendly /Email Page
• Media Center
Rotating Content
My Dashboard
,RSS
• NewsFlash
Search Engine Registration
NotifyMe Email .& SMS Text Subscription •
Site Layout Options
Online Job Application w11 Generic Application .
Site Search & Entry Log
• Opinion Pall
•
Slideshow
• Permits & Licensing
•
Social Media Integration (Facebook & Twitter)
• Photo Gallery
.
User & Group Administration Rights
Postcard Module
.
Web Page Upload Utility
• Quick Links
.
Website Administrative Log
• Real Estate Locator
Staff Directory
Annual Support, Maintenance & Hostin
g 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 Universes_
Exhibit A 3 of 3
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.Civ!cPlus.com
Toll Free 888- 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785- 587 -8951
CPService & License Agreement for South Miami, FL
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 (Newsfiash, 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 8 1 of 1
CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CiviePlus.com
Toll Free 888- 228.2233 • Accounting Ext, 291 • Support Ext. 307 • Fax 785- 587 -8951
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT , Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - JANUARY 22, 2013
in the XXXX Court,
was published in said newspaper in the issues of
01/11/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
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and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this' vertisem ublication in the said
newspaper. n
Sworn to and subscribed before me this
11 day of JANUARY / J , A.D. 2013
(S
O.V. FERBEYRE personally known to me
B.THOMAS
Commission # DD 937532
4. Expires November 2, 2013
fronded Thru Troy Fain Durance 8IX43W 7019