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Home My WebLink AboutReso 2011-1712 RESOLUTION NO. 2011- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH MIAMI- DADE COUNTY FOR INFORMATION TECHNOLOGY SERVICES INCLUDING UPDATING AND MAINTAINING THE CITY'S WEBSITE, IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND FOUR HUNDRED EIGHTY DOLLARS ($12,480.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS 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, pursuant to Resolution No. 2003-603 adopted on October 23,2003, the City Commission approved an agreement with Miami-Dade County for 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 now wishes to renew the Agreement with Miami-Dade County for the provision of Information Technology Services including updating and maintaining the City's website, in an amount not to exceed Twelve Thousand Four Hundred Eighty Dollars ($12,480.00), 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. Approval of Agreement. The City Commissioner hereby approves an Agreement with Miami-Dade County, for the provision oflnformation Technology Services, in an amount not to exceed Twelve Thousand Four Hundred Eighty Dollars ($12,480.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. 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 21st day of April 2011. Page 1 of2 R20i i- Miami-Dade Co Agmt iT Srvs City's Website ATTEST: .~.~,~ J~ule A. ijines, CMC, City Clerk " Vote: ~-b Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl R20i 1- Miami-Dade Co AgmtlT Srvs City's Website Moved by: -!t U ~];L~ 'tlc' Seconded by: ~~ A:<i..~\~#;,) 1./ (Yes) l/ (Yes) V (Yes) 1.// (Yes) V (Yes) Page 2 of2 (No) (No) (No) (No) (No) Agreement By and Between Miami-Dade County, Florida And City of Sunny Isles Beach For the Provision of Information Technology Services THIS AGREEMENT, made and entered into this _1_ day of _October-f 2010, by and between the City of Sunny Isles Beach, a municipality entity organized and existing under the laws of the State of Florida, and Miami-Dade County, Florida (hereinafter referred to as "MDC"). WIT N E SSE T H: WHEREAS, the City of Sunny Isles Beach desires to obtain web consulting and design services, and WHEREAS, MDC has agreed to render to the City of Sunny Isles Beach a high level of web consulting and design services, and City of Sunny Isles Beach desires to contract for such services upon the terms and conditions hereinafter set forth, and WHEREAS, MDC and the City of Sunny Isles Beach agree to abide by the following principles: 1. The City of Sunny Isles Beach and MDC hereby enter into agreement for MDC to provide the services (the "Services") more fully described in the attached contract. The City of Sunny Isles Beach acknowledges and agrees that MDC's provision and performance of the Services is dependent and conditioned upon the City of Sunny Isles Beach's full performance of its duties and responsibilities. 2. MDC shall fully cooperate with City of Sunny Isles Beach in connection with the City of Sunny Isles Beach'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. Exhibit "A" Citv of Sunny Isles Beach - Miami-Dade Countv PartnershiD (. \ n ".' II \.J EXHIBIT A Table of Contents Article Agreement Exhibit A Table of Contents Article 1. Term of Agreement Article 2. Definitions Article 3. Scope of Services Article 4. Customer Responsibilities Article 5. Assignment of Rights or Obligations Article 6. Value of Services to be Provided Article 7. Billings Article 8, Ownership, Protection and Security Article 9. Force Majeure Article 10. Indemnification Article 11. Termination of Agreement Citv of Sunny Isles Beach - Miami-Dade Countv PartnershiD Paae 1 2 3 3 3 4 4 4 5 5 5 5 6 2 .-~ D \ " l:) v J Article 1. Term of Aareement This contract shall take effect upon execution for a period of one year, and automatically renew for additional one-year terms unless terminated by either party upon providing 90 days notice prior to the end of the current fiscal year. Article 2. Definitions The following terms, when used in this agreement, shall have meanings hereinafter set forth: Customer End User Miami-Dade Coun System Software Data Article 3. SCODe of Services A. MDC will Drovide: Service DescriDtion 1) Annual web Provide regular updates on meetings, calendar items and changing services maintenance information on the site. Citv of Sunny Isles Beach - Miami-Dade Countv Partnershio 3 r", 1] U , ' Article 4. Customer Resoonsibilities In connection with the performance of this Agreement and the provision of the services, City of Sunny Isles Beach shall be responsible for the following: · The City of Sunny Isles Beach shall be responsible for providing, at no cost to MDC, the necessary personnel and facilities to meet City of Sunny Isles Beach's obligations hereunder. · The City of Sunny Isles Beach shall be responsible for ensuring that City of Sunny Isles Beach's use of the Services and the performance of the City of Sunny Isles Beach's other obligations hereunder comply with all applicable laws. · The City of Sunny Isles Beach shall provide such data and information as is reasonably necessary for MDC to perform the Services and accomplish the purposes of this Agreement. Article 5. Assianment of Riahts or Obliaations 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 of Sunny Isles Beach acknowledges and agrees that this Agreement is not intended to be and shall not be construed to be a franchise or business opportunity. Article 6. Value of Services to be Provided by Online Services Service Value 1) Annual Maintenance @ 15 hours a month (to be billed on a quarterly $12,480 basis) Total Value $12,480 Article 7. Billinas MDC shall invoice The City of Sunny Isles Beach on a quarterly basis (December, March, June, and September). Payment shall be due within 30 days of receipt of invoice made out to the Miami-Dade County Board of County Commissioners. Article 8. Ownershio, Protection and Security Ownership of the graphics, text, data or other information or content materials and all records and databases supplied or furnished by City of Sunny Isles Beach hereunder for incorporation into or delivery through the Software shall remain with City of Sunny Isles Beach, and MDC shall cease use of all such materials upon termination of this Agreement. Citv of Sunny Isles Beach - Miami-Dade Countv Partnershio 4 '< to } .., ~. ~ U The City of Sunny Isles Beach acknowledges and agrees that nothing in this Agreement, or any other Agreement, grants the City of Sunny Isles Beach 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. Article 9. Force Maieure MDC shall not be liable for any damages, costs, expenses or other consequences incurred by City of Sunny Isles Beach 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; (iii) 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 10. Indemnification City of Sunny Isles Beach 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 City of Sunny Isles Beach in fulfillment of this Agreement to the extent allowable by law. City of Sunny Isles Beach 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 City of Sunny Isles Beach 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 City of Sunny Isles Beach when applicable, and shall pay all costs and judgments which may issue thereon. Citv of Sunny Isles Beach - Miami-Dade Countv partnershio 5 ,'t ~ '''l V~iJ Article 11. Termination of Aareement Either party may terminate this Agreement by providing written notification. Agreed to by: MIAMI-DADE COUNTY A political subdivision of the State of Florida Judi Zit , ctor, GIC - Government Information Cent r Agreed to by: CITY OF SUNNY ISLES BEACH ~~ an S. Edelcup, Mayor 'City of Su (,t 1'1 I I .. '.: / \ ( ) "I' , ;i .:~TI~T l . (" - . . ;' ".' . (' I I\..:~ \ I ( . - ~,",'~ A.t.tltStf eM( ~\~ CL~R "/- It ,.,' }." ) .' ) Date 4}21 J" Date I FORM CY Citv of Sunny Isles Beach - Miami-Dade County Partnershio 6 ,i. ~? " v'iJ Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Minai Shah, Assistant City Manager-Finance DATE: 4/21/2011 RE: Website Services for Sunny Isles Beach for FY 10-11 RECOMMENDATION: Staff recommends the City Commission authorize staff to continue to procure services from Miami-Dade County for hosting the City's web site and providing web design, project management and application analysis for $12,480 a year. REASONS: Miami-Dade County currently hosts the City's website. The County provides this service for $3,120 per quarter or $12,480 per year. FUNDING SOURCE: Funding is available in 10-559-5467 ATTACHMENTS: . Resolution . Agreement Agenda Item \O~ Date http://sibagenda. sibfl.net/agenda/Preview.aspx?I temID=4 71 &MeetingID=