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HomeMy WebLinkAboutReso 2003-603 RESOLUTION NO. 2003- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND MIAMI-DADE COUNTY, FOR INFORMATION TECHNOLOGY SERVICES INCLUDING UPDATING AND MAINTAINING THE CITY'S WEBSITE, IN AN AMOUNT NOT TO EXCEED SIXTEEN THOUSAND DOLLARS ($16,000.00), ATTACHED HERETO AS EXlDBIT "A"; PROVIDING AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE TIDS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to obtain consulting and design services for Information Technology including updating and maintaining the City's website; and WHEREAS, Miami-Dade County submitted a proposal and agreed to render to the City a high level of consulting and design services; and WHEREAS, the City Commission has reviewed the proposed Agreement with Miami-Dade County for the provision of Information Technology Services, and the City desires to contract for such services upon the terms and conditions set forth in the Agreement in an amount not to exceed Sixteen Thousand Dollars ($16,000.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Section 1. Aporoval of Agreement. The Agreement, between the City of Sunny Isles Beach and Miami-Dade County, for the provision of Information Technology Services, in an amount not to exceed Sixteen Thousand Dollars ($16,000.00) attached hereto as Exhibit "A", is hereby approved. Section 2. Authorization ofMavor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all other things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 23rd day of October, 2003. ,1dvtu.. Rl003- Agmt wlCounty re: IT Srvs Page 1 of2 ... . , ....' '" J _ , ATfEST: .~ , - ,_O~2'(~ . Jane A. Hines, City Clerk APPROVED AS TO FORM ANDLE S FICIENCY: Vote: q-O Mayor Edelcup Vice Mayor Goodman Commissioner Iglesias Commissioner Thaler Rl003- Agmt w/County re: IT Srvs Moved by: VI CJl vy\~Oy' G:06~mA-tU Seconded by: Gl'Y\IY'\\<"~\t> ~~~ Tttl'\Lf.e.. V (Yes) V (Yes) (Yes) (Yes) (No) (No) (No) (No) v/ V Page 2 of2 Miami-Dade County Service Level Agreement Agreement By and Between Miami-Dade County, Florida And The City of Sunny Isles Beach for the Provision of Information Technology Services " <1/- .. THIS AGREEMENT, made and entered into this / day of I~ C l" , 2003, by and between the City of Sunny Isles Beach, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to at the "City"), and Miami-Dade County, Florida (hereinafter referred to as "MDC"). WIT N E SSE T H: WHEREAS, the City desires to obtain consulting and design services, and WHEREAS, MDC has agreed to render to the City a high level of consulting and design services, as defined in the attached proposal, and the City desires to contract for such services upon the terms and conditions hereinafter set forth, and WHEREAS, MDC and the City agree to abide by the following principles: 1. The City and MDC hereby enter into agreement for MDC to provide the services (the "Services") more fully described in the attached proposal. The City acknowledges and agrees that MDC's provision and performance of the Services is dependent and conditioned upon the City's full performance of its duties and responsibilities. 2. MDC shall fully cooperate with the City in connection with the City's performance of its obligations hereunder. NOW THEREFORE, in consideration of the following mutual obligations, the parties agree to the provisions in Exhibit A of this Agreement. 1 Miami-Dade County Service Level Agreement EXHIBIT A Table of Contents Article Page Agreement 1 Exhibit A Table of Contents 2 Article 1. Term of Agreement 3 Article 2. Definitions 3 Article 3. Scope of Services 3 A. Enhancement and maintenance of the City's Web Portal 3 Article 4. Service Level Standards 4 A. Frequency/Response Time 4 Article 5. Customer Support 4 A. Hours of Contact 4 B. Accessibility of the MDC Account Manager 4 Article 6. End-user Surveys 5 Article 7. Customer Responsibilities 5 Article 8. Assignment of Rights or Obligations 5 Article 9. Compensation for Services 6 A. Annual Cost of Service Level Agreement 6 B. Cost per additional level of service 6 Article 10. Billings 6 Article 11. Liquidated Damages 6 Article 12. Ownership, Protection and Security 6 Article 13. Force Majeure 7 Article 14. Indemnification 7 Article 15. Contract Term 7 Article 16. Termination of Agreement 7 2 Miami-Dade County Service Level Agreement Article 1. Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire September 30, 2004. Article 2. Definitions The following terms, when used in this agreement, shall have meanings hereinafter set forth: Customer End User Miami-Dade Coun System Government enti on whose behalf these services are bein rovided Individual usin the Internet s stem s rovided Miami-Dade Coun Florida A group of hardware components that have been chosen so that they work well together for a desired outcome and software components or ro rams that run in the com utero The programs, routines, and symbolic languages that control the functionin of the hardware and direct its 0 eration. Information (i.e. graphics, content) that is processed by the software. Software Data Article 3. ScoDe of Services A. Enhancement of the City's Web Portal MDC, working with the City, designed and executed a community web portal, designed with a citizen centric focus that allows the public to interact, transact business with, and learn about the activities of City Government. This work was completed in conjunction with the Interlocal agreement between MDC and the City which was executed March 22, 2002. Services included in this Agreement will enable future enhancements to the web portal. MDC will provide: · Reqular web portal updates (within established web templates), e.g., site, calendar, emergency content, based on requests submitted by the City to the designated MDC Account Manager by email. · Troubleshootinq of technical issues, e.g., broken links, run-time errors on electronic Forms, or Javascript errors. · Monthly manual backup of website on CD-ROM and on a separate server at the end of each month. When the site is transferred to the Teamsite content management system, automatic backup and versioning will occur. · Graphic assistance to include the scanning/digitization of photographs and the creation or manipulation of graphics for inclusion on the City's website. · Format/re-orqanization updates for purposes of usability, working with the responsible "business" units within the City organization. · Special interactive features on a project basis, e.g., Flash/Director components, email forms, online games, etc. Requests for special design services will need to be submitted by the City in a "Scope of Work" format, or other structured format specifying all pertinent business requirements. MDC will provide the City with a written assessment of the technical solution, costs and estimated timeframe for completion of the effort. Upon joint agreement of the . terms of the project, the MDC will proceed with the project. 3 Miami-Dade County Service Level Agreement Article 4. Service Level Standards A. Frequencv/Response Time Web analytics Monthly Troubleshootin Backups As the occur Monthly Formatrr emplate U dates/Site Reor anization Graphic Assistance As needed As needed Special Interactive Features As needed Article 5. Customer SUDDort The City will be assigned a MDC Account Manager who is the City's single point of contact for any issues regarding the System, e.g., content changes, system upgrades, and technical support A. Hours of Contact Normal Business Monday through Friday from 8:00 A.M. until 5:00 P.M. EST Hours: Holidays and After Support Pager (used only for Critical problems) Hours Emeroencies: B. Accessibility of the MDC Account Manager 1. Phone The MDC Account Manager is accessible during normal business hours. If the assigned MDC Account Manager is not available at the time of the call, the City can leave a voice mail message and the MDC Account Manager will respond within 4 business hours. If a voice mail message is left after normal business hours, the MDC Account Manager will return the call by 10:00 A.M. EST the next business day. 4 Miami-Dade County Service Level Agreement 2. E-mail The MDC Account Manager will respond to an e-mail request from the City the same day of receiving the request, if the request is received during normal business hours. If the e-mail request is received after the normal business hours, responses will be made by 10 A.M. EST on the following business day. E-mail service level commitments are based on the time the request is received by the MDC Account Manager's email address. Emergency requests for critical updates should include contact via pager in addition to email notifications to the MDC Account Manager. Article 6. End-User Surveys End-User surveys will be conducted on a quarterly basis. The survey will provide the basis for the City to formally and objectively evaluate the performance of MDC and the MDC Account Manager. Article 7. Customer ResDonsibilities In connection with the performance of this Agreement and the provision of the services, the City shall be responsible for the following: · The City shall provide, at no cost to MDC, all communications equipment, telephone and communication lines, power, telephone service and other utilities at the City's facilities and any connections to MDC facilities as may be necessary or reasonably desirable to perform the Services and accomplish the purposes of this Agreement. · The City shall be responsible for providing, at no cost to MDC, the necessary personnel and facilities to meet the City's obligations hereunder. · The City shall designate a single point of contact for submitting emergency requests and requests for template and graphic updates. In addition, the City will provide a list of additional individuals who are authorized to make emergency requests. · The City shall be responsible for ensuring that the City's use of the Services and the performance of the City's other obligations hereunder comply with all applicable laws. · The City shall provide such data and information as is reasonably necessary for MDC to perform the Services and accomplish the purposes of this Agreement. Article 8. Assianment of Rights or Obligations Neither party may assign its rights or obligations under this Agreement without the prior written consent of both parties. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the party to be bound. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall be governed by and construed in accordance with the laws if the State of Florida, without giving effect to conflict of law rules. The City acknowledges and agrees that this Agreement is not intended to be and shall not be construed to be a franchise or business opportunity. 5 Miami-Dade County Service Level Agreement Article 9. ComDensation for Services A. Annual Cost of Service Level Agreement Service Cost Basis Number of Annual (aggregate hourly Hours Cost rate) Website Maintenance to include site updates, calendar updates, emergency content updates, troubleshooting, $50 per hour 20 hours per $12,000 backups, site promotion, web analytics, month graphic assistance, site reorganization updates B. Cost per additional level of service Service Special design services not covered by routine website maintenance. As noted in Article 3, these services need to be submitted by the City in a "Scope of Work" format, or other structured format s eci in all ertinent business re uirements. Houri Rate $75/hour Article 10. Billinas MDC shall invoice the City on a quarterly basis (December, March, June and September). Payment shall be due within 45 days of receipt of invoice. Article 11. liauidated Damages After failing to correct two consecutive occurrences of frequency/response time indicated in the table in Article 4. A., the third consecutive occurrence and those thereafter shall be eligible for liquidated damages in the amount of $25 per occurrence not to exceed $250 per month. Liquidated damages shall be based on verified documentation, e.g., email, reports, and must be submitted to MDC in conjunction with the adjusted payment. Article 12. OwnershiD, Protection and Security Ownership of the graphics, text, data or other information or content materials and all records and databases supplied or furnished by the City hereunder for incorporation into or delivery through the Software shall remain with the City, and MDC shall cease use of all such materials upon termination of this Agreement. The City acknowledges and agrees that nothing in this Agreement, or any other Agreement, grants the City any licenses or other rights with respect to the Software other than the right to receive Services as expressly proVided herein. MDC shall retain all ownership in the intellectual property and all other propriety rights and interest associated with the Software and Services, and all components thereof and associated documentation. 6 Miami-Dade County Service Level Agreement Article 13. Force Majeure MDC shall not be liable for any damages, costs, expenses or other consequences incurred by the City or by any other person or entity as a result of delay in or inability to deliver any Services due to circumstances or events beyond MDC's reasonable control, including, without limitation: (i) acts of God; (ii) changes in or interpretation of any law, rule, regulation or ordinance; (Hi) strikes, lockouts or other labor problems; (iv) transportation delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power; or (viii) actions or failures to act on the part of a governmental authority. Article 14. Indemnification The City shall indemnify and save harmless the County from any and all claims, liability, losses and causes of action which may arise out of actions of the City in fulfillment of this Agreement to the extent allowable by law. The City directly or through its insurance carrier shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. The County shall also indemnify and save harmless the City from any and all claims, liability, losses and causes of action which may arise out of actions of the County in fulfillment of this Agreement to the extent allowable by law. The County shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon. Article 15. Contract Term This contract shall take effect upon execution for a period of one year, and automatically renew for additional one- year terms, for up to five years, unless terminated by either party upon providing 90 days notice. Article 16. Termination of Agreement Either party may terminate this Agreement by providing advance written notification 90 days prior to the termination date. (Signature Page Follows) 7 Miami-Dade County Setvice Level Agreement MIAMI-DADE COUNTY A political subdivision of the State of Florida /lc. " terim Director, eGovernment Department CITY OF SUNNY ISLES BEACH, A municipal corporation ~ . / ./' ) {./ LYJ ,///s,. ii p '/ ,I '.' f_ / /;~;1:'.;"t1-1'" IX.., / //;/;[1- /~b-/V I p j I. -. v .^, 1"; r...... ' _ {,. ,., # By: City Representative, Mayor N man S. Edelcup ATTEST: ." -\.',. '. _~ ~. "'"-,,..t' c'. .,j..c~;,...~ Jane A. Hine~. City Clerk 8