Exh 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 staffto update the content in a decentralized manner. We
have to have an Internet server in-house as~part ofthe: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 Ine.'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 forwazd.
The initial support phase included in the contract is for 6 months. Staff
AGENDA ITEM #8C
NOVEbIBER 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
lnitial 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 Pofls 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 Directo ~ 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
~
1 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 Yes $ Yes $ Yes $ Yes $ Completed
Activity Statistics Yes Yes Yes Yes No
Initial Storage 100MB Unlimited 100M6 100M6 Unlimited
Additional Storage 100MB $10
month
NIA' ~100MB $20
month 100M6 $10
month
N!A
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 abili ty to allow the City to host the site and therefore the
low uote becomes not acce table.
AGENDA ITEA~ #8C
NOVEMBER 25, 2002
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/ogles, 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 #SC
NOVEMBER 25, 2002
3. Search Engine Registration
The Developer will optimize the Clients 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 e-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 Client's 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, Gient
will provide these source materials within one week of the final project scope agreement.
AGENDA ITED? #8C ,
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.specifirations.
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 negor~ate 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 Ctient'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 specifigtions.
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 agreement 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 Client'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
NOVEIVIBER 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 properly 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. Qwnership to Web Pages and Graphics
Copyright to the fnished assembled work of web pages produced by the Developer and graphics
shall be vested with the Gient upon final payment for the project., This ownership is to include
design, photos, graphics, source code, work-up files, text, and any program(s) specifcally
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 confidenial
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°1o 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: