07-282 Resolution No. 07-282
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CIVIC PLUS, INC. FOR THE PURCHASE OF WEBSITE DESIGN AND HOSTING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager,and Diane Robertson,
City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City
of Elgin with Civic Plus, Inc. for the purchase of website design and hosting, a copy of which is
attached hereto and made a part hereof by reference.
s/Robert Gilliam
Robert Gilliam, Mayor Pro Tern
Presented: November 28, 2007
Adopted: November 28, 2007
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CONTRACT EXTENSION AGREEMENT
tT,HIS CONTRACT EXTENSION AGREEMENT is hereby made and entered into this��_ day of
1f Q , 2007, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter
referred to as the "City"), and CivicPlus, Inc., a corporation organized and existing under the laws of the
State of Kansas and authorized to do business in the state of Illinois (hereinafter referred to as
"Civicplus").
WHEREAS, the parties have previously entered into an agreement dated May 20 ,2004, for
CivicPlos to provide professional services relating to the design and hosting of the City's website
(hereinafter referred to as the "Original Agreement"), attached hereto as Exhibit A and incorporated
herein by this reference; and,
WHEREAS, the initial three-year term of the Original Agreement is scheduled to expire on
February 15,2008; and,
WHEREAS, the City and CivicPlus have agreed to renew and extend the Original Agreement for
an additional three-year term for the period commencing February 15, 2008 and ending August 31,
2010.
NOW, THEREFORE, for an in consideration of the mutual promises and covenants contained
herein, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1 The foregoing recitals are hereby incorporated into and made apart of this Extension Agreement
in their entirety.
2 The services to be provided by CivicPlus under the Original Agreement are hereby modified to
add the following services:
"Intranet," at an annual fee of$900.00;
"Forms Creator," at an annual fee of$900.00.
3 The total annual amount to be paid by the City to CivicPlus for the services provided pursuant to
the Original Agreement and this Extension Agreement shall be$11,600.04
4 Any annual amount to be paid by the City to CivicPlus for the services provided pursuant to the
Original Agreement and this Extension Agreement shall be prorated in accordance with the actual period
of time for which such services are provided.
5 Except as explicitly modified herein, the Original Agreement is extended under Original
Agreement's same terms, conditions and prices for the period of February 15, 2008 to August 31,2010.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, the parties hereto have executed this contract extension agreement on
the date and year first written above.
CIVICPLUS INC. CITY OF ELGIN
BY B
�C ity 1 ndger
Attest: Attest:
-4a OY1 �
City Clerk
NOTARY PjBL C•SM of Kansas
S.XLYSON EDMONJ)S
Mv AW Expires 24 /C)
Date Initiated: 05-20-04
CivicPhis License and Service Agreement for City of Ela in
Organization: City of Elgin Web Address: www.cityofelgin.org
Contact Name: Sara O'Riley&Merdith Marth E-mail Address: oriley s a cityofel iQ n.org
marth mai).cityofeiein.org
Street Address: 150 Dexter Ct
Address 2:
City Elgin State: IL Zip Code: 60120-5570
Phone: 847-931-6085 Ext: Fax: 847-931-6109
847-931-5593
Billing Contact: Meredith Marsh,City Manager's Office
Billing Address
(if different)
Billing Phone#: 847-931-5593 Fax: 847-931-6109 Information required on invoices,e.g.P.O.#or Job#:
Tax ID#: Sales Tax Exempt#:
Payment Terms: Annual Acct.Rep. Laura Munsch
Terms and Conditions:
1. Annual invoicing for this contract will take place 60 days after the contract is signed or upon the initially established go-live date,whichever comes first.
2. The contract term is three(3)years from the date of the initial invoice.
3. The annual invoice date may be changed by the client to their fiscal year.
4. Either parry may terminate the agreement at the end of the contract term by providing the other party with 60 days prior notice.
5. In the event that neither party gives such notice prior to the end of the initial or any subsequent term,this agreement will automatically be renewed for an
additional contract term.
6. In the event of a rate increase,CivicPlus will notify the client at least 60 days in advance of the contract renewal.
7. Upon completion of development,the Setup and Development Fees will be invoiced.
8. Annual fees for CivicPlus services are invoiced prior to the year of service and are due by the first of the following month.
9. Modifications to the original"go-live"date may result in additional fees if fees are incurred by CiviePlus,e.g.travel fees.
10. Payment is due on the date annotated on the invoice for that term's service.Service will be discontinued if payment is not made within 20 days after the
due date.Payments received will be applied first to finance charges,then to the oldest outstanding invoice.
11. If the account exceeds 60 days past due,the web service will be removed.
12. CivicPlus will support designated support contacts for the client. Support will include providing technical support of the CivicPlus system and minimal
page development support. Page design,graphic design,word processing training,custom programming,and application support are not included in this
contract.Additional support services may be contracted separately.
Page I of 3
CivicPlus .317 Houston St. . Manhattan,KS 66502
888-228-2233, ext. 250,Fax: 785-587-8951
www.civicplus.com
C A
Date Initiated: 05-20-04
CivicPlus License and Service Agreement for City of Elgin
This document shall serve as the contract agreement for CivicPlus services to City of Elgin
Service Rates:City of Elgin agrees to pay CivicPlus for the following chosen services:
Annual Fee One-Time Fee
❑x Elite Package, 900 MB includes: $ 9,600.00 $ 2,800.00
MODULES:
9 Archive Center $ Included $ Included
• Banner Development—8 additional banners, $ $ 2,450.00
per banner cost-$306.25(Actual will be
invoiced.)
• Bid Posting(requires Notify Me) $ Included $ Included
• Business Directory $ Included $ Included
0 Civic Alert or News Flash $ Included $ Included
0 Document Center-Standard $ $
1] Document Center-Enhanced $ Included $ Included
p Dynamic Breadcrumbs&Dynamic Sitemap $ Included $ Included
0 E-Commerce $ $
0 Events Calendar-Standard $ $
0 Events Calendar-Enhanced $ Included $ Included
0 Extranet $ $
9 Forms Creation(2 forms) $ Included $ Included
0 Intranet $ $
p Job Posting(requires Notify Me) $ Included $ Included
Z Notify Me(up to 50,000 E-mail addresses) $ Included $ Included
0 Online Web Statistics $ Included $ Included
0 Online Job Application System
Z Opinion Poll $ Included $ Included
Z Site Search $ Included $ Included
9 Staff Directory $ Included $ Included
0 Upgrade to CivicPlus Advanced $ Included $ Included
Search Engine Registration Optimization O Web Mail #of Email $ $
l] Basic Registration One-Time Registration: Keyword Selection,Site $ Included $ Included
Optimization Information,Link Popularity Boost
Additional Domains $ $
0 Other $ $
Initial Development:Migration of 300-400 pages,development of 50-75 pages,approximately $ $ 4,900.00
60-70 hours will be dedicated to this development.If CivicPlus employees determine more time
is necessary,the City of Elgin will be notified with an amount and authorization will be
necessary to proceed.
0 Training:9 hours of online phone training. Actual time will be invoiced at$125/hr. $ $ 1,125.00
Total: $ 9,600.00 $ 11,275.00
Discounted Annual Amount: $ 8,600.00
Is this a new domain name? Yes X No Web Site Name: www.cityofelain.orQ
List any other URLs associated with your web site.
Setup Notes: CivicPlus is responsible for the setup of the functionality and the look and feel of the website.Additional development
includes the items selected above.The City of Elgin is responsible for continual maintenance of their website.
Page 2 of
CivicPlus • 317 Houston St. . Manhattan,KS 66502
888-228-2233, ext. 250,Fax: 785-587-8951
www.civicplus.com
Date Initiated: 05-20-04
CivicPlus License and Service Agreement for Elgin
Additional Training: Training that involves billable time beyond the contracted amount will be documented and invoiced.
Support: 30 days of free user support will be provided with the purchase of CivicPlus services. Technical problems with the software
are addressed throughout the contract period at no charge.
Additional Projects:Projects that involve billable time beyond the contracted amount will be documented.Written approval by the
client is necessary before billable time is incurred.
Maintenance Upgrades:Maintenance upgrades to the CivicPlus service are provided at no extra charge.Additional modules may be
purchased and activated at any time
Indemnification and Liability
CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other
service provider whose facilities or services are used in furnishing any portion of the service received by the customer.CivicPlus will
not be liable for any failure of performance that is caused by or the result of any act or omission by customer or any entity other than
CivicPlus that furnishes services,facilities or equipment used in connection with CivicPlus services or facilities.
Except as expressly provided in this agreement,CivicPlus makes no expressed or implied representations,or warranties,including any
warranties regarding merchantability or fitness for a particular cause.
Development Specifications
Additional development specifications and requirements will follow upon commencement of the project.
Termination:
With notice as set forth below, and without recourse by CivicPlus,the City of Elgin may terminate this Agreement if any of the
following occurs:
A.CivicPlus fails to perform required work within the time specified,or any authorized extension thereof.
B.CivicPlus fails to satisfactorily perform work in conformance with this Agreement and/or to the reasonable
satisfaction of the City of Elgin.
In the event the City intends to terminate this Agreement for any of reasons above,the City shall provide a written notice to cure,
identifying the nature of the alleged basis for termination with reasonable specificity,and advising CivicPlus of the City's intent to
terminate this Agreement.
All further actions shall conform to the following procedures:
CivicPlus shall cure any default within thirty(30)days after receipt of such notice or such longer period of time as
the City of Elgin may specify in such notice, either cure such alleged failure or, in a written response to the City of
Elgin,present facts and argurrients in refutation or excuse of such alleged failure or state that such alleged failure will
be cured and set forth the method and time schedule for accomplishing such cure.
The City of Elgin shall determine(a)whether a failure to comply with a material provision has occurred; (b)whether
such failure is excusable; (c)whether such failure has been cured or will be cured by CivicPlus;and(d)whether any
proposed cure is reasonable. CivicPlus shall make available to the City of Elgin,if requested, any records,
documents or other information that is not privileged and/or proprietary in nature and that the City of Elgin
reasonably deems necessary to make the determination.
If the City of Elgin determines that a failure to comply with a material provision has occurred and that such failure is
not excusable and has not been or will not be cured by CivicPlus in a manner and in accordance with a schedule
reasonably satisfactory to the Customer,the Customer may terminate the Agreement.
Page 3 of 3
CivicPlus • 317 Houston St. . Manhattan,KS 66502
888-228-2233, ext. 250, Fax: 785-587-8951
www.civicplus.com
Date Initiated. 05-20-04
Severability:
In the event any section, sentence,clause,or phrase of this Agreement is adjudicated to be invalid or illegal by a court of last resort
and of competent jurisdiction, the remainder of this Agreement shall be unaffected by such adjudication and all other provisions shall
remain in full force and effect as though the section, clause, or phrase so adjudicated to be invalid had not been included herein. The
Parties hereto agree to then negotiate in good faith the replacement section,sentence,clause, or phrase which is legal and most closely
represents the original intent of the Parties.
Venue:
This Agreement shall in all respects be interpreted,construed and enforced in accordance with the laws of the State of Illinois and
venue for any legal proceedings shall conducted in the Circuit Court for the Sixteenth Judicial Circuit,Kane County,Illinois.
Rights Cumulative:
The rights and remedies of the parties provided for under fl-iis Agreement are in addition to any other rights and remedies provided by law.The
failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion.The use of one remedy shall not exclude
or waive the right to use another.
Acceptance:
We the undersigned,agreeing to the conditions specified in this document,understand and authorize the provision of services outlined in this
contract.
Name Date
City Elgin Representative
Name Date
CivicPlus Representative
Please fax the above contract as soon as possible to
FAX Number: 785-587-8951
For any billing questions,Accounting can be reached at 888-228-2233,ext.215
Support can be reached at:
888-228-2233,ext.250
785-587-1853,ext.250
Page 4 of
CivicPlus • 317 Houston St. . Manhattan,KS 66502
888-228-2233, ext. 250,Fax: 785-587-8951
www.civicplus.com