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.
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Rl003- Agmt wlCounty re: IT Srvs
Page 1 of2
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, ATfEST:
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. 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)
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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
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By: City Representative, Mayor N man S. Edelcup
ATTEST:
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Jane A. Hine~. City Clerk
8