Loading...
HomeMy WebLinkAbout02-196 Resolution No. 02-196 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CYBERTEAMS, INC. FOR A WEB CONTENT MANAGEMENT SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with CyberTeams, Inc . for a web content management system, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 12 , 2002 Adopted: June 12 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR RFP: 02-056 Web Content Management System This Agreement is made and entered into this At day of Tv A/6 , 2002by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and CyberTeams, Inc, incorporated in the state of Maryland and having a principal place of business at 5714E Industry Lane, Fredrick, Maryland 21704 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response (Proposal) thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents, this Agreement shall supersede the Proposal Documents. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City and shall end on . ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the following: (I) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14) days prior written notice. ARTICLE IV . DAMAGES. From any sums due to the CONTRACTOR for services, the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring services as a result of any failure, omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS without T C prior written consent of the CITY. ' RFP #02-056 Web Content Management S stem CyberTeams, g v ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. Page 22 • CyberTeams_ RFP #02-056 Web Content Management System ARTICLE XIII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN rederick J. Hitt Olufemi Folar Vice President es City Man CyberTeams, Inc. FEIN NO. 52-2000358 Page 23 • 5714B Industry Lane ntsFrederick, MD 21074 CyberTea May 7,2002 Gail Cohen Purchasing Director City of Elgin Elgin,IL 60120 Subject: Price Proposal For Web Content Management System Request for Proposal RFP#02-056 Thank you very much for providing us with the opportunity to respond to your Request for Proposal 02-056 for a Web Content Management System. CyberTeams is very excited to be part of this RFP process and to provide its services to the City of Elgin. Attach is our Price Proposal for our Web Content Management System Proposal that was submitted under separate cover. Thank you again. Re r s, "6. Rho a . ryant Vice President Marketing CyberTeams,Inc. Moving Content in the Right Direction!`r" • Cybeeream`s- RFP #02-026 Web Content Management System Pricing The following is the Proposed Fee Schedule for CyberTeams' Web Content Management System proposal to the City of Elgin: SOFTWARE—WebSite Director Pro(WSD) License for 20 Users with 10 Approval Classes: $ 21,000.00 TURNKEY INSTALLATION—Included in price of SOFTWARE- 00 TRAINING—Three days Training for CMS Trainers and CMS System Administrators: $ 5,000.00 (See CyberTeams Travel, Meals and Lodging below) TECHNICAL SUPPORT/MAINTENANCE—First year included in price of SOFTWARE $.00 (See Annual Renewal of Support/Maintenance below) TOTAL SYSTEM COST: $ 26,000.00 Annual Renewal of Technical Support/Maintenance and free point upgrades (2.x to 2.y) after the first year is 15% of the license purchase price of the system at the posted retail price at time of renewal. The City of Elgin may pay for up to two years of Support, Maintenance, and Upgrade at the time they purchase the system for 15% of the above "Software"cost($ 3,150.00 per year). CyberTeams'Travel, Meals and Lodging costs for two people to train the City of Elgin (see Training above)will be billed separately to the City of Elgin, are payable within 30 days of invoicing, and are therefore not included in this Fee Schedule. PROPOSER NAME: rederick J. Hitt, ice President Sales DATE: Page 2 • yberTearns, RFP #02-056 Web Content Management System Affirmative Action Plan CyberTeams, Inc. is a Maryland corporation established in 1996 for the purpose of developing and marketing Web Content Management software. We recruit internationally and use reseller agents to represent the company both in the United States and abroad. Because of this, specific demographics will vary greatly from state to state and country to country. Overall, these personnel are weighted in favor of minorities, with male Caucasians being represented as a minority of the overall demographic. Our installation and training team consists of a male and female member of the CyberTeams organization. Because of our belief and commitment to Equal Employment opportunities for all, CyberTeams has in place an Affirmative Action Plan. This plan is included on the following pages. Rhoda E. Bryant, Equal Employment Officer CyberTeams, Inc. Page 13 .. . -(-- ----, ....'!‘ Cyber:reallt RFP #02-056 Web Content Management System -- 1-,-; .,. ....,...„.4*.V.,...\.,7714-1i.• - - 167,- ;: 7_. ..- , -', :ti; . % -..•.L. i.,-.1 „ N.%( : .. ..1,. .1.,.. .I., u. ,: . iiier earns :J.. c 1----x.: Affirmative Action Plan Frederick,Maryland January 1,2000 Page 14 CyberTeams_ RFP #02-056 Web Content Management System Introduction CyberTeams, Inc. is a Maryland corporation established in 1996 for the purpose of developing and marketing Web Content Management software. The company is a small business that is focused on providing its content management systems to mid-range and large businesses. CyberTeams corporate office is located in Frederick, Maryland. CyberTeams, sales offices are located in West Virginia and The Netherlands. Additional technical and marketing personnel are located in Baltimore, Maryland and Riverside California. Equal Employment Opportunity Policy It is the policy of CyberTeams to provide for and promote equal opportunity in employment for all qualified individuals without regard to age, race, color, religion, gender, creed, national origin, physical or mental disability, marital status, Veteran status, disabled Veteran status, or status as a member of any other protected group or activity. This policy governs all aspects of employment, including selection,job assignment, compensation, discipline, termination, and access to benefits and training. CyberTeams is committed to assuring that it will act affirmatively to develop avenues of entry and mobility for minorities, women, qualified individuals with disabilities, and Veterans through its personnel practices, policies and career ladders to assist and encourage upward mobility of all its employees. Reaffirmation of Policy Memorandum To: CyberTeams Employees and Contractors From: Randall C. Severy, President Subject: Affirmative Action I would like to take this opportunity to affirm to you that CyberTeams is an Equal Opportunity Employer. As such, CyberTeams does not discriminate on any basis prohibited by applicable law including race, color, religion, sex, national origin, disability, age, or veteran's status in recruitment, employment, promotion, compensation, benefits, or training. As Chief Executive Officer, I reaffirm our pledge to base employment and promotion decisions on the principle of equal employment opportunity. Affirmative action means that CyberTeams will take affirmative steps to increase the opportunities for minorities and women to participate in all areas of the workforce and to remove any impediments these groups may encounter in accessing CyberTeams activities and programs. Dissemination of Policy CyberTeams will distribute its Affirmative Action policy to: • Job Applications • Contractors and Subcontractors • Organizations, colleges, and community groups interested in encouraging equal employment opportunities for women, minorities, and persons with disabilities. • Organizations likely to assist CyberTeams in identifying qualified individuals with disabilities for consideration in filling any vacancies that may arise. Page 15 'C:yberTeams RFP #02-056 Web Content Management System • Other organizations or agencies likely to refer qualified women, minorities, individuals with disabilities, disabled veterans and veterans of the Vietnam area for consideration in filling any vacancies which may arise. Recruitment At such time that CyberTeams has the need to recruit additional personnel to augment its staff, the following objectives will be addressed: • Recruitment solely by"word of mouth"or"walk ins"will be avoided because it does not result in the broadest possible field of qualified applicants. • Emphasis will be placed upon CyberTeams' policy of hiring applicants based upon merit, and our interest in referrals of minorities, women, disabled and veteran candidates for all jobs. • Job Announcements will be easy to read and understand with application completion assistance provided, where requested and appropriate. • CyberTeams application for employment contains the phrase: "It is the policy of CyberTeams to provide for and promote equal opportunity in employment, compensation and other terms of employment without regard to age, race, color, gender, creed, religion, national origin, physical or mental disability, marital status, veteran status, disabled veteran status or status as a member of any other protected group or activity." • CyberTeams application for employment also contains the following Personal Information Protection Statement. "The information which you are providing on this application is being requested for the purpose of determining the eligibility of applicants for the position applied for. The information will be made available only to those who have a"need to know", and will not be released to anyone else other than the applicant unless he/she has signed an appropriate release of information authorization. A candidate's failure to provide this information may result in the disapproval of the application." • All job announcements and advertising will include the phrase, "CyberTeams, Inc. is an Equal Opportunity Employer'. CyberTeams Goal The primary goal of CyberTeams Affirmative Action Plan is to ensure equality of employment opportunity to all qualified individuals without regard to age, race, color, religion, gender, creed, national origin, physical or mental disability, martial status, veteran status, disabled veteran status or status as a member of any other protected group or activity. This goal represents CyberTeams determination to set achievable employment objectives within an established time frame. They are not, nor should they be viewed as"quotas,"since they are not fixed hiring rates dered or approved by a court to remedy unlawful discrimination. ,// l�1it� Rhoda E. Bryant CyberTeams Equal Employment Officer Page 16 e , • CyberTeam`s, RFP #02-056 Web Content Management System Sexual Harassment Affirmation The undersigned hereby affirms that CyberTeams has in place sexual harassment policies which includes the following: 1. the illegality of sexual harassment 2. the definition of sexual harassment under state law 3. a description of sexual harassment, utilizing examples 4. a vendor's internal complaint process including penalties 5. the legal recourse, investigative and complaint process available through departments of Human Resources worldwide in those countries and states where CyberTeams is represented 6. protection against retaliation as provided by Section 6-101 of the Human Rights Act I here agree to furnish the City of Elgin - Human Resources Department with a copy of these policies if they so request. I hereby agree to fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands, costs of judgment against it arising from any sexual harassment complaint resulting from the act of any member of my organization in the performance of this contract. Signature/Title /6):076 _ Rhoda E. Bryant, Equal Employ ent Officer CyberTeams, Inc. Date d3t c)?00 Page 19 • --Y i 1,,. CyberTeam`s_ RFP #02-056 Web Content Management System Payment of Illinois Taxes The undersigned hereby affirms that CyberTeams is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. Barred from Offering The undersigned certifies that CyberTeams is not barred from offering on this solicitation as a result of a conviction for the violation of State law prohibiting proposal-rigging or proposal-rotating. Proposal is Binding Contract The undersigned certifies that should CyberTeams proposal be accepted by the City of Elgin, the CyberTeams Proposal along with all instructions, conditions, and specifications attached hereto constitute a binding contract which may be enforced by the city. CyberTeams, Inc. 5714E Industry Lane Frederick, Maryland 21704 301-682-6882 FEIN No: 52-2000358 Frederick J. Hitt, Vice President Sales CyberTeams, Inc. Signature: i;/r Page 20 • OF fC' `' - " © k City of Elgin Agenda enda Item No. Iy) L / / May 17, 2002 G TO: Mayor and Members of the City Council N #9 CUSTOMER SERVICE FROM: Olufemi Folarin, Interim City Manager SUBJECT: Purchase of Website Content Management Software PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to approve the purchase of website content management software from CyberTeams, Inc. BACKGROUND Last summer, the City contracted with a consultant, SD*I Inc. , to conduct a needs analysis and internet technology usage study. The City desired to undergo a rigorous review of its current systems and needs to identify opportunities for Web-enabling technologies of both existing applications and manual processes . Using questionnaires, interviews, and focus groups, the SD*I Team gathered information to identify goals, needs, and requirements for the City' s Web presence. SD*I gathered ideas from staff regarding the use of Web technology internally and researched best practices for municipal Web sites . The SD*I Team held a series of meetings in order to assess the City' s need for pursuing e-commerce Web site enhancements and to formulate the recommended approach to achieving the City-wide goals through Web-based initiatives. The consultants recommended that the City upgrade its Web content publishing process, improve the look and feel of the Website to reflect the image of the City, to bring its Website in-house, and to acquire a turn-key, content management software system, to allow for the quickest return on investment in the internet . An RFP was issued and advertised in the Courier News and over the internet on MunicipalNet .com, soliciting proposals for a turn-key system to allow for distributed departmental maintenance of web content, and a streamlined approval process for submitted content prior to publishing on the website . Seven vendors responded to the RFP. Of the seven, three proposed solutions recommending the same system, `Website Director Pro' . Of those three, the best overall Purchase of Website Content Management Software May 17, 2002 Page 2 solution was provided by CyberTeams, Inc . , the creator and vendor of the `Website Director Pro' system. `Website Director Pro' is an off the shelf product with good vendor support and a solid customer base . It will provide all of the features and functions needed by content contributors, approvers, and administrators right out of the box with no modification or customization. Staff has performed a hands-on evaluation of the proposed software and found it to be very user friendly for the departmental web content editors to learn and to use and simple for the Public Information officer and the MIS Department to maintain and administer. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT 94* *-- Funds in the amount of $110, 000 have been budgeted for this project and sufficient funds are available ($28, 300) in account number 275- 0000-791 . 30-99, Riverboat Fund, Web Design Services, project number 030028 . This purchase cost for this software is $21, 000 . The balance of the project budget is for web site redesign services . EGAL IMPACT None . ALTERNATIVES 1) Purchase Website Director from CyberTeams, Inc as recommended. 2) Purchase one of the competing proposed software systems . 3) Do not purchase a website content management system. RECOMMENDATION It is recommended that the City Council approve the purchase of Website Director Pro software from CyberTeams, Inc for $21, 000 . R spectfully submitted, Olufemi F arin Interim Ci Manager JM/jm attachment Name Cyberteams MIC Logic Solutions NexGen Westin Percussion Fusive product name Website Director Pro Website Director Pi Website Director Pro NexGen CMS Documentum Rhythmyx Microsoft CMS Software $21,000.00 $21,000.00 $21,000.00 $180,000.00 $34,850.00 $100,000.00 $39,901.00 Additional Software $7,400.00 Installation $0.00 $675.00 $3,150.00 $0.00 $84,009.00 $50,000.00 $23,625.00 Training $5,000.00 $1,350.00 $7,800.00 $0.00 $0.00 $20,000.00 $7,875.00 Tech Support $0.00 $3,150.00 $3,150.00 $0.00 $6,273.00 $25,000.00 $0.00 Total $26,000.00 $26,175.00 $35,100.00 $180,000.00 $125,132.00 $195,000.00 $78,801.00 Annual $3,150.00 $3,150.00 $3,150.00 $30,000.00 $6,273.00 $25,000.00 ? Install and 1st year Did not meet made a mistake on unlimited users unlimited users unlimited users unlimited users tech support #of license annual maintenance These products are really designed for organizations that are much included in price requirement and support larger with much more complicated web systems and work flows.