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Item 8CAGENDA ITEM #8C NOVEMBER 25, 2002 City of Atlantic Beach City Commission Meeting Staff Report AGENDA ITEM: Authorization of the City. Manager to sign a contract between the City of Atlantic Beach and American Computers Technologies, Inc. to provide WEB development services. SUBMITTED BY: Nelson Van Liere, Finance Director. DATE: November 18, 2002 BACKGROUND: Of major strategic importance this year is the re-design of the City's WEB page. It has become evident that the cost /benefit of continuing to push forward with the in-house development and maintenance of the current site is not working to everyone's satisfaction. We have learned that the expertise needed to continually make enhancements is extremely time consuming for non-WEB experts. The required training necessary to keep the existing staff up to date with increasing WEB demands has proven to be more than they can handle. With the growing number of PCs and peripheral equipment supported by our staff of two, it is evident that we will not meet all of the needs of the City in a satisfactory manner. Once we decided to investigate the outsourcing of this function we were able to identify four likely vendors from trade shows and other contacts. These four firms all are qualified to meet most of our current needs, however, one vendor was able to meet all requirements at a much lower price. Attached is an analysis of those four vendors showing all the features considered. The most important factors considered were the vendor's ability to develop the site and allow us to have it reside on our own server with the ability of our staff to update the content in a decentralized manner. We have to have an Internet server in-house as part of the SCADA project that will allow us to monitor the utility sensors alarms over the Internet. This. will allow us to grow beyond our current capabilities and to be sure our site is secure, backed up and updated in a timely manner. American Computer Technologies Inc.'s ability to demonstrate their expertise with an Atlantic Beach DEMO site, together with the low price and our need. to host in-house, we have selected ACT as our choice to provide WEB development and assist with maintenance going forward. The initial support phase included in the contract is for 6 months. Staff AGENDA ITEM #8C NOVEMBER 25, 2002 has every confidence that this vendor is capable of performing whatever WEB functions we will need in the future. BUDGET: The Finance budget includes $20,000 in contract services for WEB development and enhancements. .RECOMMENDATION: Authorize the City Manager to sign a contract with American Computer Technologies, (ACT) to perform WEB development and the installation ofthat site on our server for $12,600. Also to give the authorization to spend up to the total budgeted amount of $20,000 for additional upgrades as directed during the remainder of the year. ATTACHMENTS: Vendor Analysis Contract for Service with REVIEWED BY CITY AGENDA ITEM #8C NOVEMBER 25, 2002 Internet Comparison Civic Plus Gov Office Virtual Townhall ACT Current Site CREATION Initial Development Template Template Template Yes Yes Design Assistance No No No Yes No Content Production Yes $ Yes Yes Yes FORMAT Customizable Design No No No -Yes Yes Content Ownership Yes Yes Yes Yes Yes Presentation Ownership Yes No Yes Yes Yes FEATURES Online Bills/ Ecommerce Yes $ Yes $ Yes $ Yes $ No Event Calendar Yes Yes Yes Yes Yes Flash Messages Yes Yes Yes Yes Yes Online Polls Yes Yes Yes Yes No Customized Forms No No Yes Yes No Form Types Static/ Interactive Static Static Yes Both Static Form Creation No No Yes Yes No Search Yes Yes Yes Yes No Site Map No Yes Yes Yes No Staff Directory Yes Yes Yes Yes Yes Archive Center Yes No Yes Yes .Yes Job Posting Yes Yes Yes Yes Yes Bid .Posting Yes Yes Yes Yes No Business Listing No Yes Yes Yes No E-Mail Lists Yes Yes Yes Yes No ADA Compliant No Yes Yes Yes Yes MAINTENANCE - Online City Editing Yes. Yes Yes Yes No raining Local/6 users/ $1000 day + costs hour online Unlimited telephone customer service s Needed o Tiered Edit Control Yes Yes Yes Yes No TECHNICAL On /Off site Hosting Either Off *" Either Either On DNS Registration $ $ $ $ Completed Static IP Address Name Space Name Space Name Space Yes ~ Yes Search Engine Listing Activity Statistics Yes $ Yes Yes $ Yes Yes $ Yes Yes $ Yes Completed No Initial Storage 100M6 Unlimited 100M6 100MB Unlimited Additional Storage 100M6 $10 month N/A 100M6 $20 month 100MB $10 month NIA COST First year $19,500 $1,500 ** $14,600. $12,600 $0 3 Year $32,100 $2,700 ** $14,600 $12,600 $0 ** Note: This vendor did not specify the ability to allow the City to host the site and therefore the low uote becomes not acce table. AGENDA ITEAZ #8C NOVEMBER 25, 2002 ~C,~~1PtJ~E~ T~C.Hi~IOLC>G9~S Web Development and Design Contract Company/Client Phone Fax Authorized Representative of the Client Address City State Zip Code Email address Present URL Terms of Agreement _ 1. Authorization The above named client is engaging American. Computer Techno%gies, Inc., a Corporation doing business in the State of Florida, as an independent contractor for the specific purpose of developing and/or improving a World Wide Web site to be installed on the client's in-house server. Hereafter, the client will be known as the "Client" and American Computer Technologies, Inc. will be known as the "Developer." 2. Domain Registration The Developer will secure a domain name for the Client at the Client's request. All charges incurred in doing so will be billed to the Client as an addition to the base price contemplated by this agreement. If the Client already has a domain name, the Developer will coordinate redirecting the address to the new. host. Should the Client desire a specific domain name which is already owned by another party and negotiations for said domain name must be undertaken by the Developer, additional charges may apply. The Client will be contacted in advance before any negotiations of this nature are undertaken or charges are incurred. AGENDA ITEM #8C NOVEMBER 25, 2002 3. Search Engine Registration The Developer will optimize the Client's web site with appropriate titles, keywords, descriptions and text and can thereafter submit the Client's web site to some of the major search engines and directories such as Yahoo, Goggle, etc. 4. Project Administration Each party shall designate the name, address, telephone number, fax number, and a-mail address of a Project Coordinator. The Project Coordinator of each party shall be responsible for arranging all meetings, visits, and consultations between the parties, and for the transmission and receipt of deliverables and technical information between the parties. The Project Manager shall also be responsible for receiving all notices under this Agreement and for all administrative matters such as invoices, payments, and amendments. American Computer Technologies Project Coordinator: Steve Carey, 7775 Baymeadows Way, Jacksonville, Florida, 32256 Phone: (904)-739-7556 Fax: (904)-739-5949 Email: scareyCa.actconsulting.com City of Atlantic Beach Project Coordinator: The parties' Contract Coordinators will be available Monday through Friday, 9:OOam EST to S:OOpm EST, excluding the lunch hour and a reasonable number of days spent out of the office, and will endeavor to respond within one business day of receipt of any requests for information or requests for decisions that are communicated "live" by telephone between the Contract Coordinators (not over voice mail) or that are communicated by a-mail received and read by the party's Contract Coordinator during those hours. 5. Project Planning Meetings After both parties have signed this Agreement, representatives of Developer and. Client, to include each party's Project Coordinator, shall arrange a mutually convenient date and. time to meet at Clients office to discuss the project scope-and planning. The parties shall endeavor to hold this meeting within two weeks after both parties has signed this Agreement. Developer shall bring to the initial project planning meeting an "initial" project scope of work to be performed. Developer and Client will then conduct Joint Application Design meetings to determine the design, layout, format, rnlors, number of pages, etc. for the site development. Once the "final" project scope has been established, the Developer will then submit in writing to the Client an itemized pricing configuration for the web development. Client will make any final changes to the scope, sign-off on the scope, and development will begin on the prototype. Developer will then provide a written list of the source materials that the Client is to provide for the prototype. Provided that the materials specified are in accordance with this Agreement, Client will provide these source materials within one week of the final project scope agreement. AGENDA ITEM #SC NOVEMBER 25, 2002 6. Accessibility of Web Site During Construction Throughout the construction of the prototype and the final Web Site, the Web Site shall be accessible to Client through an assigned URL. Until the Client has approved the final Web Site, none of the Web Pages for Sponsor's Web Site will be accessible to end users unless the end users have entered the correct userid and password (to be assigned upon development). Developer and Client agree to keep this password confidential. If the password becomes available to third parties, Developer will change the password to another password specified by Client. Developer will periodically monitor access to the Web Site during development and will notify Sponsor if there appears to be unauthorized access. 7. Timing for Development of Prototype Developer will prepare a prototype model of Client's Web Site and will have it completed within thirty days after Client has provided the prototype source materials requested by Developer in accordance with this Agreement. The prototype will demonstrate at least one sample of each type of page that will reside within Client's Web Site, and will contain all of the practice area pages relating to Client's Intellectual Property and Technology practice area. Client shall have one week from the date of the prototype completion to specify changes to the prototype that are necessary to bring it into conformity with specifications as well as additional changes (if reasonable in number and nature) to address issues not contemplated by the.specifications. Client may also specify changes that vary from the specifications during this week. If such changes from specifications involve significant additional work, the parties will negotiate. a fair price for the work (the fair price shall be judged by reference to the pricing set forth in the final project scope documentation). Developer will implement the changes that Client specifies for the prototype within one week after receiving Client's specification of changes, and will then provide a revised prototype for approval. Client will then have one week from the date of this second prototype to either approve the prototype' or specify problems with the changes that need to be corrected to bring the prototype in line with the specifications set forth in the Agreement. Developer shall begin construction of the final Web Site only after Client has approved the prototype. 8. Timing for Development of Final Web Site Developer shall complete the final Web Site within thirty days of approval of the prototype or of receipt of the source materials requested in accordance with this Agreement. Developer and Client shall conduct a "final walk through" of the completed Web Site at Client's location at a date and time agreeable to Client and Developer but within one week of the scheduled final. completion date. Client shall have two weeks from the date of this "final walk through" to specify changes to the final Web Site necessary to bring the Web Site in conformity with specifications. Developer shall have two weeks from receipt of this specification of changes to implement the changes. This process will continue until the final Web Site is approved in writing by the Client's Project Coordinator. AGENDA ITEM #8C NOVEMBER 25, 2002 9. Delivery of Final Web Site Upon Client's approval of its final Web Site, Developer shall deliver all Deliverables to Client. Documentation shall be delivered in printed format and in electronic format. Code shall be delivered in electronic format. The transfer of electronic materials shall be accomplished by copying them to media to be supplied by Client or, at Client's request, some other form of media, such as a CD. Developer shall maintain its back-ups and one set of the final materials provided to Client for a period of six months after Client's approval of its final Web Site. 10. Training The Developer will provide on-site and telephone assistance to the Client's designated representatives regarding management of the Client's web site. 11. Databases This agn_ement does not include a provision for the creation of a database unless specifically listed in the "final project scope". If the Client's site requires a database the charges for such will be included in the "final. project scope". 12. Payment Terms A minimum deposit of 25% of the project cost is required to commence work. Remaining balance shall be invoiced upon delivery of completed web site. Developer reserves the right to request the removal of all web content from the Internet if payment is not made within thirty (30) days after delivery of the final web site. If a payment delay is anticipated, please contact the Project Coordinator to discuss potential problems in advance. 13. Maintenance Agreements Maintenance Agreements are negotiated on a per Client basis, as each Client will have differing needs. Developer offers different maintenance agreements, which can be discussed in the project planning stages. 14. Copyrights and Trademarks The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Gient's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. AGENDA ITEM #8C NOVEMBER 25, 2002 15. Limited Liability Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming advocacy of an illegal activity, and any infringement policy. Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material or use of those materials. It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography or otherwise unethical web site for the Client. The Developer reserves the right to determine what is and is not unethical content. 16. Indemnification Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Developer's development of the Client's web site. This includes Liabilities asserted against the Developer, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. 17. Ownership to Web Pages and Graphics Copyright to the finished assembled work of web pages produced by the Developer and graphics shall be vested with the Client upon final payment for the project., This ownership is to include design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. 18. Design Credit Client agrees that the web site created for the Client may be included in the Developer's portfolio 19. Nondisclosure The Developer, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party. AGENDA ITEM #8C NOVEMBER 25, 2002 20. Cancellation Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or cancelled at the request of the Client by certified letter, the Developer shall have the right to retain the original 25% deposit. In the event this amount is not sufficient to cover completed development time, a fair and reasonable amount will be agreed upon by Developer and Client, and will be billed to the Client within 10 days of notification via certified letter to stop work. 21. Entire Understanding This contract and the Appendices attached thereto constitute the sole agreement between the Developer and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will. be a mutually beneficial arrangement for the Client and the Developer. Both parties warrant that they have read and understand the terms set forth in this agreement. American Computer Technologies: By: - Title: Date: City of Atlantic Beach: By: Title: Date: