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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_12/11/20081. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: December 11, 2008 Meeting Type: Regular Ordinance #: N/A Consent Agenda: Yes Resolution #: N/A Originating Department: Police 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) GovDelivery Email Broadcast System 3. BUDGET /FINANCIAL IMPACT: Account #: 001-160-534.300 -Other Contractual Services Amount of this item: $1,500.00 Current Budgeted Amount Available: Amount Remaining after item: $24,533.23 $23,033.23 Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shof description of the agenda item) Request approval to subscribe to the email broadcast system provided by GovDelivery. GovDelivery will allow the Village to automate the subscription and management of email services provided to the citizens. The system will give the citizens more control over the email subscriptions and will provide additional communications opportunities not possible with the current provider, CivicPlus. 5. APPROVALS: Dept. Head: - ~~~ ~ i nce Director: [Approved ~ ~~~ s ^ No Financial Impact Attorney: (for legal sufficiency) Keith Davis. ESQ Yes ^ No ^ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: • DENY ITEM: ^ Form amended 08/26/08 Routing Sheet Process 1. Send ALL completed forms to Finance for review ONE WEEK prior to agenda items due into Clerk's Office. 2. Finance sends Routing Sheet to Clerk by deadline. 3. Clerk formulates agenda and sends to Manager for review /approval. ~ ~~o„~sTq ; TEQUESTA POLICE DEPARTMENT ~ ,, ~o~ic~-~~i MEMORANDUM PT To: Michael R. Couzzo, Jr. Village Manager From: Chief William E. McCollo Date: November 25, 2008 Subject: GOVDELIVERY -EMAIL BROADCAST SYSTEM Attached for Council approval is the GovDelivery Email Subscription Management Agreement. GovDelivery is an email broadcast solution purposely built for Government to Citizen Communication. GovDelivery is specifically tailored for Government application, where other vendors are designed for business marketing. Although other hosted products do exist, they do not provide the features, level of service, ease of use, or seamless integration of the GovDelivery solution. Because of this, GovDelivery has features that provide significant benefits to our residents that are unique only to GovDelivery (Please see below). IT Specialist Brad Gomberg is recommending GovDelivery as the sole source vendor for the email broadcast service, based on the following features that only GovDelivery provides: - User Subscription Management that offers awide-range of topics as "subscription options" so your website visitors can select topics of specific interest to them. Automated Workflow that connect website updates to subscription options. The system monitors an organization's website for content updates and automatically sends email messages to citizen subscribers based on their personal preferences when new information is posted. This unique approach allows the subscription system to "piggyback" on the government entities current workflow process for keeping its website updated. In addition, automated workflow is flexible so that the government can manually target messages and e-newsletters even when website updates don't occur. Content can be delivered directly to the public through email or wireless alerts or citizens can be offered a link back to the website. - Delivery Infrastructure that ensures rapid delivery of messages to the appropriate subscribers. Well- deployed DSM should maximize the number of emails that reach the inbox instead of the Spam filter. Please see the following page for a comparison of GovDelivery to your average Email Broadcast in-house solution: Out-of-the-box solution with no programming required to launch, maintain, and/or add new subscription options; web- based for seamless upgrades to system Proprietary Page Watch system automatically monitors changes and proactively generates email alerts to subscribers (or administrators) when content is updated Citizens are empowered with 10 to 40 times more subscription choices located throughout the website Single-user profiles make subscription management easy for citizens and administrators Extensive programming required to launch system and add subscription options; upgrades take valuable time and resources Extensive administrative support required; web content managers typically must send email notices manually when website content changes One-size-fits-all solution with limited subscription choices in few places on site Citizens often required to sign up to many separate lists rather than maintain asingle-user profile 300% to 1,100% more subscribers means more information Fewer subscription options mean fewer subscribers and "pulled" by citizens; increases website usage by 20% to return website visits 50% No software or hardware installation and no hidden costs or Software and hardware usually required; additional fees consulting fees; unlimited training and support required for setup and support I have attached all of the necessary documents to submit the Agreement to Council. Attorney Keith Davis has rewritten the original agreement to satisfy the legal form and sufficiency. If you concur, I would request that the Agreement is placed on the December 11, 2008 Council agenda. Page 1 of 3 Attachments can contain viruses that may harm your computer. Attachments may not display correctly. Gomberg, Brad From: McCollom, William Sent: Thu 11/20(2008 8:01 PM To: Gomberg, Brad Cc: Subject: FW: proposal/contract Attachme~: !~ Agreement E-mail Subscription-GovDelivery 2008 doc 48KB~ See if the vendor will sign the attached. Chief From: keith W. Davis [mailto:keth@corbettandwhite,com] Sent: Thu 11/20/2008 6:07 PM To: McCollom, William Subject: RE: proposal/contract Chief: As we discussed, the proposal is a little "loose" in its terms; as such, see if they'll agree to sign the attached, which would make their proposal Exhibit A. Let me know. Thanks. 762-1766 is my cell # for tomorrow (Friday). Keith W. Davis, Esq. Corbett and White, P.A. Tel: (561) 586-7116 -----Original Message----- From: McCoilom, William [mailto;vvmccollom@tequesta.org] Sent: Monday, November 17, 2008 2:30 PM To: keith W. Davis Subject: FW: proposal/contract Please review for legal farm and sufficiency. Thanks, Chief William E. McCollom Tequesta Police Department 357 Tequesta Drive Tequesta, FI 33469 (561) 744-4019 (561) 745-7877 FAX (561) 431-0572 eFax wmccollom@tequesta.org Florida has a very broad public records law. Most written communications to https://teq-exh/exchange/bgomberglInbo~FW:%20proposal_xF8FF contract.EML?Cmd=... 12/1/2008 Page 2 of 3 or from state or local officials regarding state or local business are considered to be public records and will be made available to the public and the media upon request. Therefore, your email message is subject to disclosure. -----Original Message----- From: Gomberg, Brad Sent: Tuesday, November 04, 2008 3:56 PM To: McCollum, William Subject: FW: proposal/contract Just need this signed Thank you, Brad Gomberg Director of IT / IS The Village of Tequesta 561-744-4055 561-262-5173 C. www.tequesta.org -----Original Message----- From: Deb Castle [mailto;deb.castle@govdeliverycom] Sent: Tuesday, November 04, 2008 3:17 PM To: Gomberg, Brad Subject: proposal/contract Hi Brad, Attached is the proposal/contract. Please read it over, sign and fax it back. The fax number is below. I have a request in for kick off meeting option times with your account manager. As soon as I hear back from her, I'll forward them along and we can find a time that works for you and her. Thanks, Deb Deb Castle Senior Business Development Specialist * GovDelivery 380 Jackson Street, Suite 550 s Saint Paul, MN 55101 Direct: 651-379-6224 Fax: 651-665-0943 www.govdelivery.com <http://www.govdelivery.com > > P Think before you print *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** https://teq-exh/exchange/bgomberg/Inbox/FW:%20proposal_xF'8FF contract.EML?Cmd=... 12/1/2008 Page 3 of 3 No virus found in this incoming message. Checked by AVG - http://wwwavg.com <http://www.avg.com/> Version: 8.0.175 /Virus Database: 270.8.6/1766 -Release Date: 11/4/2008 8:26 AM Na virus found in this incoming message. Checked by AVG - http;//www.avg.com Version: 8.0.175 /Virus Database: 270.9.9/1803 -Release Date: 11/21/2008 9:37 AM https://teq-exh/exchange/bgomberg/Inbox/FW:%20proposal_xF8FF contract.EML?Cmd=... 12/1/2008 Page 1 of 2 Gomloerg, Brad From: Deb Castle [deb.castle@govdelivery.com] Sent: Fri 11/21/2008 3:44 PM To: Gomberg, Brad Cc: Subject: RE: Expanded Agreement Attachments: Got it. Thanks, Deb Castle GovDelivery, Inc. -----Original Message----- From: Gomberg, Brad [ma{to:bgomberg@tequesta.org] Sent: Friday, November 21, 2008 2:43 PM To: Deb Castle CC: McCollom, William Subject: Expanded Agreement Deb, Per our conversation the expanded agreement is attached. Please let me know as soon as you hear back from your CFO Thank you, Brad Gomberg Director of IT / IS The Village of Tequesta 561-744-4055 561-262-5173 C. www.tequesta.org -----Original Message----- From: Deb Castle [mailto:deb.castle@govdelvery.com] Sent: Wednesday, November 05, 2008 3:15 PM To: Gomberg, Brad Subject: media package Hi Brad, Here <http://vvwvv.govdelivery.com/hidden/clientmarketing.html> is the media kit as promised. Talk to you tomorrow! https://teq-exh/exchange/bgomberg/Inbox/RE:%20Expanded%20Agreement.EML?Cmd=o... 12/1 /2008 Page 2 of 2 -Deb Deb Castle Senior Business Development Specialist s GovDelivery 380 Jackson Street, Suite 550 s Saint Paul, MN 55101 Direct: 651-379-6224 www.govdelivery.coi'n <http://www.govdelivery.com> P Think before you print No virus found in this incoming message. Checked by AVG - http:J/www.avg.com Version: 8.0.175 /Virus Database: 270.9.0/1771 -Release Date: 11/6/2008 7:58 AM No virus found in this incoming message. Checked by AVG - http://wwwavg,com Version: 8.0.175 /Virus Database: 270.9.9/1803 -Release Date: 11/21/2008 9:37 AM https://teq-exh/exchange/bgomberg/Inbox/RE: %20Expanded%20Agreement.EML?Cmd=o... 12/1 /2008 Page 1 of 1 You replied on 11/24/2008 3:34 PM. Gomberg, Brad From: Deb Castle [deb.castte@govdelivery.com] Sent: Mon 11/24/2008 3:34 PM To: Gomberg, Brad Cc: McCollom, William; Darren Gerke Subject: RE: Expanded Agreement Attachments: Hi Brad, The signed agreement will be faxed back to you along with the W-9 that Eve requested by end of day today. Thanks, Deb Castle GovDelivery, Inc. -----Original Message----- From: Gomberg, Brad [mailtobgomberg@tequesta.org] Sent: Friday, November 21, 2008 2:43 PM To: Deb Castle Cc: McCollum, William Subject: Expanded Agreement Deb, Per our conversation the expanded agreement is attached. Please let me know as soon as you hear back from your CFO Thank you, Brad Gomberg Director of IT / IS The Village of Tequesta 561-744-4055 561-262-5173 C. www.tequesta.org No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.175 /Virus Database: 270.9.9/1809 -Release Date: 11/24/2008 2:36 PM https://teq-exh/exchange/b~omberg/Inboar/RE:%20Expanded%20A~reement-2.EML?Cmd... 12/1 /2008 VILLAGE OF TEQUESTA E-MAIL SUBSCRIPTION MANAGEMENT AGREEMENT This Agreement entered into this day of December 2008, effective immediately, by and between GovDelivery, Inc., a Minnesota corporation, with offices located at 380 Jackson Street, Suite 550, St. Paul, Minnesota 55101, hereinafter referred to as the "CONTRACTOR" and the VILLAGE OF TEQUESTA, a municipal corporation, with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the "VILLAGE." WITNESSETH The VILLAGE and the CONTRACTOR, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and value of which is hereby acknowledged by both parties, hereby agree as follows: 1. SCOPE OF SERVICES: The VILLAGE and the CONTRACTOR both hereby agree to enter into this Agreement whereby the CONTRACTOR will provide an automated e-mail subscription management system and perform e-mail subscription services for the VILLAGE pursuant to and in accordance with the CONTRACTOR'S proposal (the "Proposal") attached hereto as Exhibit "A". The Scope of Services as set forth in the Proposal shall be carried out in the manner as specifically and individually set forth in each section of the entire Proposal. 2. INDEPENDENT CONTRACTOR: The CONTRACTOR will perform required services on an independent contractor basis and shall be solely responsible for securing at its own expense, all necessary personnel, equipment and materials required to perform the services under this Agreement. Such personnel shall not be considered employees of or have any contractual relationship with the VILLAGE. The CONTRACTOR shall be responsible for all of its employees' payroll taxes to include, but not be limited to Federal Income Withholding Tax, Worker's Compensation, FICA, and Federal and State Unemployment taxes. The CONTRACTOR is responsible for proper certification and licensure of all its officers and employees and for the provision of benefits, insurance, etc. for its officers and employees. All of the services required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified to perform such services and shall be licensed to perform such services if required, authorized or permitted under state or local law. The CONTRACTOR agrees that it is fully responsible to the VILLAGE for the acts and/or omissions of subcontractors and of persons either directly or indirectly employed by the CONTRACTOR. All of the CONTRACTOR'S personnel (and all subcontractors) while on the VILLAGE'S properly will comply with all the VILLAGE'S requirements governing conduct, safety and security. 3. COMMENCEMENT DATE; RENEWAL; TERMINATION: The Project will commence immediately from the date of execution of this agreement. This Agreement shall renew automatically for consecutive 12-months period if no written notice to terminate is given. Either party to this Agreement may terminate the Agreement upon thirty (30) days written notice to the other party. 4. COMPENSATION: The VILLAGE agrees to pay the CONTRACTOR in accordance with the Proposal. The fee for services provided pursuant to the Proposal shall be one hundred fifty dollars ($150.00) per month. CONTRACTOR'S normally assessed one-time fee of $1,500.00 for system setup services is waived. 5. SCHEDULE OF PAYMENT: The CONTRACTOR shall submit monthly billing to the VILLAGE for payment on or before the 5th day of the month or at the VILLAGE'S option, this monthly fee may be paid in one lump sum on an annual basis. Monthly billing will continue in subsequent years so long as the Village of Tequesta offers links to GovDelivery functionality from its website. 6. EXPENSES: The VILLAGE shall not reimburse the CONTRACTOR for any travel costs incurred as a direct result of the CONTRACTOR providing deliverables to the VILLAGE in pursuance of the scope of work contained in the Proposal. 7. COMPLIANCE WITH LAWS: The CONTRACTOR hereby represents that it has complied and shall continue to comply with all applicable Federal and State statutes and local ordinances. Further, the CONTRACTOR shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations required for the services provided hereinabove under Scope of Services to be performed pursuant to the terms of this Agreement from any federal, state, regional, county or VILLAGE agency. In addition, as provided in Sec. 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the 2 convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date her~f. This notice is required by Sec. 287.133(3)(a), Florada Statutes. 8. JURISDICTION/VENUE: This Agreement shall be governed by the laws of the State of Florida. Venue for the redress of any dispute arising out of this Agreement shall be in Palm Beach County, Florida. 9. ATTORNEYS FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded reasonable attorneys' fees, including fees on appeal. 10. NOTICE: Notice as may be required in this Agreement shall be sufficient when sent by certified mail or hand delivered to the Parties at the following addresses: VILLAGE CONTRACTOR Village of Tequesta GovDelivery, Inc. 345 Tequesta Drive 380 Jackson Street, Suite 550, Tequesta, Florida 33469 St. Paul, Minnesota 55101 ATTN: Michael Couzzo ATTN: Ja Perbix 11. NON ASSIGNMENT: The CONTRACTOR shall not transfer or assign its duties, obligations or rights as contained in the Agreement without prior written consent of the VILLAGE. 12. ENTIRE AGREEMENT: This four (4) page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. WITNESSES: CONTRACTOR: GovDelivery, Inc. ( rate Seal) 3 ATTEST: Lori McWilliams, CMC Village Clerk [VILLAGE SEAL] VILLAGE OF TEQUESTA Michael Couzzo Village Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Trela White, Esq. Village Attorney Y:\dots\Tequesta\Agreements\Agreement E-mail Subscription-Govllelivery 2008.doc 4