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6. Contract Approval - City Website RedesignCity of Kalispell Information Technology Department Post office Box 1.997 -- Kalispell, Montana 59903-1997 Telephone (406) 755-7751 Fax - (406) 758-7758 To: Mayor Tammi Fisher and Kalispell City Council FRONT: Erika Billiet, IT Director Jane Howington, City Manager SUBJECT: City website Contract for Services between Flathead County Information Technology Department and the City of Kalispell MEETING DATE: June 211, 20.10 BACKGROUND: The City of Kalispell website redesign would allow for the expansion of information and provide a mechanism for the individual departments to make frequent updates internally. The contract with Flathead County's IT department will allow the City's website to be developed utilizing a web developer the County already has on staff. The County will develop the redesign based on the City's requirements and then host the website. The website will be backed up, monitored daily, and scheduled maintenance notifications will be provided. Administration of the website will be facilitated by the City's IT Director. Delegated access will be given to various City staff members based on the need of each department to update information. In the future the City's IT Director will be able to develop new page additions with the County handling major changes based on hourly charges. The attached contract allows the City of Kalispell to proceed with hiring the Flathead County Information Technology department to redesign and host the City's website. RECOMMENDATION: The City Council authorize the City Manager to sign the Contract for Services between the Flathead County Information Technology Department and the City of Kalispell. FISCAL EFFECTS: The website redesign is estimated to cost between $18,000 and $22,500 with a yearly hosting fee thereafter of $300.00. The 2010/2011 budgeted amount of $25,O00 will provide the necessary funds for the website redesign, as well as maintain our current website until the transition is complete. Respectively Submitted, 1 Erika Billiet ane Howington IT Director City Manager CONTRACT FOR SERVICES Between Fathead County Information Technology Department and City of Kalispell This Contract for Services ("Contract") will be by and between the Flathead County Information Technology Department ("FCIT"), 920 South Main Street, Kalispell, Montana and the City of Kalispell ("Kalispell"), 201. First Avenue East, Kalispell, Montana. Description of Services: Beginning the date of receipt of initial payment, FCIT will provide the following services: Project: FLIT will provide services, working with and at the direction of Kalispell, to design, build and implement a website for the City of Kalispell. "Design" includes attending design meetings with Kalispell as necessary, and using as a single point of contact the City of Kalispell Information Technology Director during all phases for direction and approval. At the end of the design phase, Kalispell will determine whether to continue with FLIT, and shall have the right to elect to terminate this contract. Unless Kalispell elects to terminate this contract, FLIT shall proceed with building a website for Kalispell based on this design and with the continued direction and input of Kalispell. FLIT will rely on the City of Kalispell Information Technology Director for guidance throughout the design process and continuing through the construction of the website. Kalispell shall be solely responsible for all content of the website. Following construction of the website, Kalispell will then also have the option of using FLIT to host its website, upon the terms outlined below. Payment for Services: All services provided by FLIT in connection with the design and construction of the website shall be billed to Kalispell at the rate of $45.00 per hour. Kalispell will pay to FLIT an initial payment of $4,500.00 within 10 days of the parties entering into this Contract. FLIT will send monthly statements to Kalispell by the loth day of each month. Each statement will contain the beginning balance of hours, a list of tasks performed with the corresponding hours spent on each task, and a final balance of hours remaining. In addition to the billing rate of $45.00 per hour, Kalispell shall pay all costs incurred by FLIT other than salaries and benefits paid to its employees. Additional time will be purchased in 100 hour blocks as needed and budget allows. FLIT will notify Kalispell when the remaining hours reach 25 % of the total block. purchased. These terms and conditions will also apply to the maintenance or updating of the website by FLIT. The $45.00 per hour rate applies through June 30, 2011, and shall be reassessed at least 30 days prior to that date by the parties. Kalispell acknowledges that FLIT is providing these services on an "as available" basis, and delays in development may occur due to employee illness, injury, or unavailability. Application Service Providers: Any and all work to be completed on behalf of Kalispell with Application Service Provider collaboration will be billed by the hour broken into 1.5--minute increments and invoiced as separate line items. Term/Termination: This Contract will continue until completion of Services or until written termination is received by either party hereto, sent to the address for FLIT or Kalispell as listed in this Contract. Should Kalispell terminate this Contract, all outstanding amounts owed up to and including the termination date will be due and payable within 20 business days after 1 termination notice is given. Should FLIT terminate this Contract, all photos, art and graphics provided to FLIT by Kalispell will be returned to Kalispell within 20 business days. All dues not accounted for in services rendered by FLIT will be refunded to Kalispell within 10 business days. Work Product ownership: All Services set forth herein and any ideas, products or other information (collectively "Work Product") developed in whole or in part by FCIT in connection with this Contract entitles Kalispell to ownership of one perpetual license. Kalispell may use and display the work Product in the manner intended by the Project Proposal, may use and display the work Product on any server or hosting system, may use any web developer of Kalispell's choice, and may display the work Product in any print, television or other media formats. Kalispell hereby agrees that it has no right to sell or use the software code contained in the work Product for any purpose without the express written consent of FCIT. FLIT reserves the right to display development credits on any and/or all pages of Kalispell's work Product in a professional, businesslike manner. ownership of the content of the website will remain with Kalispell, and shall be provided by FLIT upon written request, subject to the standard hourly billing rate. Hosting: FLIT offers to provide hosting services to Kalispell at the rate of $25.00 per month through June 30, 2011. Said services entitle Kalispell up to 50 CB of space for content. Kalispell will be billed on a monthly basis for this service. Backups will be provided by FCIT; however, backups are provided for the sole purpose of disaster recovery, and not as a means of document retention. Data will be backed up on a nightly basis and taken offsite the following day. Monthly backups are written to tape and retained for one year. Kalispell currently streams meetings on a third party web server and intends to continue to do so. Streaming audio or video is not allowed from the FCIT web server without advance written consent from FLIT. If FCIT is hosting the Kalispell website, Kalispell agrees to abide by all applicable Flathead County policies, including its advertising policy. Warranty: FLIT shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, and meeting generally accepted standards in FCIT's community and region, and will provide a standard of care equal to or superior to that used by service providers similar to FLIT on similar projects. Kalispell agrees to indemnify and hold harmless FLIT against loss or threatened loss or expense by reason of the liability or potential liability of FCIT for or arising out of any claims for damages. Non -Disclosure A reement: Kalispell agrees that all information and materials disclosed by FLIT regarding the Information Architecture (IA) methodology, tools, forms, client extranet, and processes, including the terms and conditions of this Contract and the existence of the discussion between the parties, will be considered and referred to collectively in this Contract as "Confidential Information." Confidential Information does not include information that is now or subsequently becomes generally available to the public through no fault or breach on the part of either party; either party can demonstrate to have had rightfully in- its possession prior to disclosure to the receiving party; is independently developed by either party without the use of any Confidential Information; or either party rightfully obtains from a third party who has the right to transfer or disclose it. The parties shall not disclose, publish, or otherwise disseminate Confidential Information to anyone other than those of its employees and subcontractors with a need to know, and each party P shall take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. Each party shall not use Confidential Information otherwise for its oven or any third party's benefit without the prior written approval of an authorized representative of the disclosing party in each instance. The foregoing restrictions on Confidential Information shall not apply to Confidential Information that is required to be disclosed in connection with any suit, action, or other dispute related to the Confidential Information, or otherwise required to be disclosed by law. All Confidential Information remains the property of the disclosing party and no license or other rights to Confidential Information is granted or implied hereby. Each party hereby acknowledges that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to the disclosing party that may be difficult to ascertain. Accordingly, each party agrees that the disclosing party will have the right to seek and obtain immediate injunctive relief to enforce obligations under this Contract, in addition to any other rights and remedies each party may have. Entire Agreement: This Contract and its attachments contain the entire agreement of the parties hereto, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter hereunder. This Contract supersedes any prior written or oral agreements between the parties. This Agreement can be modified only in writing, signed by the parties. Severability: If any provision of this Contract, or the application thereof, is for any reason and to any extent held invalid or unenforceable, this Contract shall be amended in a manner to conform to any necessary legal requirements, and any such provision shall be deemed severable from this Contract and shall not render the balance of the Contract to be void or unenforceable. Facsimile Transmission: Facsimile transmission of any signed original document and the re- transmission of the signed facsimile shall be the same as delivery of an original document. At the request of either party, the parties will confirm facsimile transmitted signatures by signing an original document. Jurisdiction f Venue: This Contract will be governed by and construed in accordance with the laws of the State of Montana, and any dispute to enforce the terms of this Contract must be filed in the Montana Eleventh Judicial District Court, Flathead County, Montana. The prevailing party in any dispute shall be entitled to its reasonable costs and attorneys' fees. Acknowledgment: By signing below, each party agrees that they have reviewed the Contract and its attachments and shall be bound by the same. Dated Dated Flathead County Board of Commissioners Joseph D. Brenneman, Chair City of Kalispell Jane Howington, City Manager 3