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HomeMy WebLinkAboutResolution_50-01/02_06/13/2002• • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM OPTILINK COMMUNICATIONS, OF PALM BEACH GARDENS, FLORIDA, FOR WEBSITE DESIGN AND MAINTENANCE, IN THE AMOUNT OF $6,250.00, WITH FUNDS BEING APPROPRIATED FROM WEBSITE MAINTENANCE GENERAL FUND, HAVING A FUND BALANCE OF $7,717.40, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: RESOLUTION NO. 50-01/02 Section 1. The proposal to approve a contract from OptiLink Communications, of Palm Beach Gardens, Florida, attached hereto as Exhibit "A" and incorporated by reference as part of the Resolution, is hereby approved. THE FORE GOING (?25nrk RESOLUTION WAS who OFFERED BY Councilmember moved its adoption. The motion was seconded by Councilmember C~(jt~.~`~ and upon being put to vote, the vote was as follows: FOR ADOPTION (Ma,~ oY G2+~c,~ U ~ ce. Ma~,,w Co~~e,~~ ~uMr,~w~~1~n ~a,Qac~ G~un~ ~u.(~ev 12eav~~lc. AGAINST ADOPTION • ~ The Mayor thereupon declared the Resolution duly passed I and adopted this ~~'~' day of ~LI/i~ A.D., 2002. MAYOR OF TEQUESTA ~:~ ~ ~~~ Gera ine A. Gen ~~~~ Mary Wol~ott Village Clerk • E/Kim/Resolutions/Website Proposal • ~~~ r: ~ tra a xa t ~ ~ G r ~ ~ February 11, 2002 Ms. Kim Vardavas Village of Tequesta 250 Tequesta Drive Suite 300 Tequesta, FL 33469 Dear Kim, Thank you for the opportunity of meeting with you and Peter to discuss the weh site and email needs of the Village of Tequesta. OptiLink specializes as a total solutions provider for companies of all sizes. Since 1996 OptiLink has helped companies in all facets of their Internet connectivity, web site design, graphic design, print design, marketing and telecommunications needs. OptiLink designs and creates total web site solutions including e-commerce and multi-media presentations. Our design team consists of graphic designers who are experts in both web and print design. Our programming team consists of experts in flash, e-commerce, database design, custom software solutions and streaming media. The most critical phase of your project will be the proper design concept to insure the image of the Village of Tequesta is maintained to be consistent with other print collateral. This is an area in which OptiLink exceeds all expectations. With this in mind your project will have my personal attention throughout the entire design and implementation phase. • Once you have reviewed the proposal, please feel free to contact me with any questions. Upon your acceptance of the proposal we will prepare an agreement for execution. Thanks again for your time and we look forward to establishing our relationship with the Village of Tequesta. Sincerely, Keith Charlton President • OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410 ~~ ~ ~~i ~ nr rr~ a r` ~ ~ t; r` ~ n s C J I. Objective Design a dynamic, interactive web presence for the Village of Tequesta. The site should be aesthetically pleasing, encompass effective navigation, and possess the necessary tools and applications that will draw residents and visitors to the site and enhance their on line experience with the Village of Tequesta. The greater the online experience will produce more visitors to the site, greater marketing opportunities and thus the revenue producing alternatives with current and potential sponsors. II. Web Site Design Web Pages: We will design your Web site look to be consistent with your other collateral for maximum branding potential. The Web site will be designed with common navigation on every page for a friendlier interface with your visitor. Because the Internet is primarily a visual medium, we will take great effort in making your Web site both attractive and interesting. Our team of graphic artists are very capable in this area. We believe that moderate use of animation in the logo and rollover buttons (buttons illuminate when you move your mouse over them) are an effective way of creating a more attractive site. In consideration of future expansion of the Web site, we would design the site so that future links and additions can be made easily. We develop the site in such manner that every page will have common navigation tools, to include links to the home page and contact us page. PAGE REQUIREMENTS Much of the product page content of the site will be derived from the current web site and obtained during • the design phase of the project. The following pages and functions, not necessarily in this order, will be part of this phase of design as well as those pages added during our site planning. It is estimated that this site will be approximately 50 pages. 1. Home 2. About 3. Departments & sub categories 4. Agenda/meetings & sub categories 5. Community Info and sub categories 6. Contact 7. Special Events 8. Online calendar 9. New Residents information 10. FAQ's 11. Important numbers 12. Hurricane Plan Design Process: • Site Plannine: This will be done with yourself and others at the Village of Tequesta before we begin construction to insure that we all know what functionality the site will have, what the site map will look like and who will deliver that functionality. • Web Page Conce t Look: We will design an initial "concept look" for your home page and one sample inside page, and then ask for your acceptance. We will continue to design "concept looks" until your acceptance is obtained. Once acceptance has been given we will construct your site using this look. OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410 ~~ ~ ~~~~~ r; v u rr i ~ ~ ~ ra rt ~ • Design Phase: During this phase we will integrate your site content into the concept look that you chose. All contracted functionality will be installed and tested during this phase. Quality Ins ep ction: Our staff will verify that the web site functionality works and that the site is compatible with major browsers and screen types. Walkthrou~h: This is done before the site has been placed online. You will review the site for all any errors in functionality, spelling, grammar, and layout. Once you have accepted the Web site, we will place the site online. Graphics, Animations & Programming: Our base web site design price includes all graphic design and programming work that is required to accomplish the design goals of this web site. This includes placement of photo images, minor photo touch- up, resizing of images, creation of custom navigation buttons, bars, bullets and JAVA. Quality Checks: OptiLink will test your web site using several different Internet browsers, different monitor resolutions, and computer platforms (PC & Mac) to insure the best possible presentation on the greatest number of user access possibilities. Time to Complete: It will take approximately 6-8 weeks from contract signing to develop a Web site such as this. • III. Web Site Hosting OptiLink is a full service Web hosting company with "state of the art" servers connected through multiple Tier-1 providers for reliability. We will provide the following web hosting services: • Site storage - 250MB • Monthly transfers - lOGB • FTP access • 80 configurable email accounts (POP3 and SMTP if needed) - OptiLink will provide email server information for configuration of PCs or we will provide initial set up of mail client on PCs at the rate of $65.00 per hour. • Web site access statistics • Once approved by the Village of Tequesta, OptiLink will perform aone-time search engine submission to the major search engines. The Village of Tequesta will provide the "Keywords" during the site design phase. IV. Web Site Maintenance OptiLink will provide the monthly maintenance and updates for the Village of Tequesta as needed. Updates will be completed at the rate of $65.00 per hour with aone-hour minimum. V. Code & Design Ownership The Village of Tequesta will own all code and design of the site and will have full access to the site in order to FTP all files to a server of their choice. The site will remain the property of Village of Tequesta and may • be used solely by the Village of Tequesta and its offices. OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410 ~ c~ ; r~ n t u r7 i ~ ~ i to r7 ~ VI. Price & Payment Terms: • OptiLink will provide the above web site design and consulting services for the amount of Six Thousand Two Hundred Fifty Dollars ($6,250.00). • Payment terms - 50% deposit ($3,125.00) and balance ($3,125.00) upon completion. • OptiLink will provide the above hosting and email services for the amount of $49.95 per month based upon aone-year contract. These fees will be billed quarterly in advance with the first quarter due upon execution of contract. • One-time set up fee of $150.00 to transfer domain name and install existing site on our servers. APPROVED BY: OptiLink By: Name: Keith Charlton Title: President Date: February 11, 2002 • ACCEPTED BY: Village of Tequesta By: / f Name: ~~ (•~otco~ J{- Title: (~ ~Gzl, c~ .•.• Date: G ~ / 7 - } o aY'~ OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410 ~1~ r~ °a tr ar r ~ ~ ~ i ~ ~ • WEB SITE DESIGN & HOSTING AGREEMENT This Web Site Design & Hosting Agreement (the "Agreement") is entered into as of , 2002 ("the Effective Date") between OptiLink Communication Inc. ("OptiLink"), and the Village of Tequesta identified below ("Client"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PURPOSE OF AGREEMENT. OptiLink provides Intemet Web site design, programming and e-commerce and hosting services ("Services"). OptiLink desires to provide Services to Client, and Client desires to receive and compensate OptiLink for such Services. 2. SERVICES. 2.1. Web Design and Programming Services. OptiLink shall provide the following design and programming services in order to complete Client's web site. OptiLink will design client's Web site look to be consistent with the image of client's company and with client's other marketing collateral to maintain brand consistancy. The Web site will be designed with common navigation on every page in order to maximize efficiency and effectiveness for the user. Because the Internet is primarily a visual medium., OptiLink will take great pride and effort in creating an aesthetically pleasing and professional web site while maintaining the professional image of the company. OptiLink's team of graphic designers are extremely capable in this area. Moderate use of animation, • rollover buttons (buttons illuminate when you move your mouse over them) and image blends are an effective way of creating a more attractive site. In consideration of future expansion of the Web site, OptiLink would design the site so that future links and additions can be made easily. OptiLink will design the site in such manner that every page will have common navigation tools based on the site layout provided by Client. OptiLink's base web site design price includes all graphic design work that is required to accomplish the design goals of this web site. This includes photo scanning, placement of photo images, photo touch-up, resizing of images, creation of custom navigation buttons, bars, and bullets. OptiLink will test Client's web site using several different Internet browsers, different monitor resolutions, and computer platforms (PC & Mac) to insure the best possible presentation on the greatest number of user access possibilities. The following is a breakdown of the design and programming pages that will be included in the site. Client will provide all text, logos, etc in electronic format. 1. Home 2. About 3. Departments & sub categories 4. Agenda/meetings & sub categories 5. Community Info and sub categories 6. Contact 7. Special Events 8. Online calendar 9. New Residents information 10. FAQ's 11. Important numbers 12. Hurricane Plan • OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410 • 2.2. Design Process. • Site Planning: Completed in conjunction with Client for page descriptions and navigational design. A site map will be delivered at this phase and approved by client. Any changes after site map is approved may result in additional charges. • Web Page Conce tp Look: OptiLink will design an initial look for Client's home page and interior page and then ask for client's acceptance. OptiLink will continue to design "concept looks" until client's acceptance is obtained. Once acceptance has been given OptiLink will construct Client's site using this look. Any changes after design is approved may result in additional charges. • Navigation & Design Phase: During this phase OptiLink will complete the navigational design, functionality and the separate page layouts for approval by Client. • Programming, Phase: During this phase OptiLink will install all contracted functionality and test all programming aspects. • Content Phase: The addition of the text, documents, charts, etc. will be provided by Client. • Quality Inspection: OptiLink's staff will verify that the web site functionality works and that the site is compatible with major browsers and screen types. • Walkthrou~h: This is done before the site has been placed online. Client will review the site for all any errors in functionality, spelling, grammar, and layout. Once client has accepted the Web site and fmal payment is received, OptiLink will place the site online. • Additions and Renovations: Additions or renovations to the site, other than items contained in section 2.3, following final site approval, shall be made at the rate of $65.00 per hour with gone-half hour minimum. Large additions or renovations maybe done under separate proposal. 2.3. Hosting, Email and Maintenance services. • Site storage - 250MB • • Monthly transfers - l OGB • FTP access • 80 configurable email accounts (POP3 and SMTP if needed) - OptiLink will provide email server information for configuration of PCs or we will provide initial set up of mail client on PCs at the rate of $65.00 per hour. • Web site access statistics • Once approved by the Village of Tequesta, OptiLink will perform gone-time search engine submission to the major search engines. The Village of Tequesta will provide the "Keywords" during the site design phase. 3. PRICING AND PAYMENT TERMS. 3.1 Price. • OptiLink will provide the above web site design and consulting services for the amount of Six Thousand Tv~~o Hundred Fifty Dollars ($6,250.00). • Payment terms - 50% deposit ($3,125.00) and balance ($3,125.00) upon completion. • OptiLink will provide the above hosting and email services for the amount of $49.95 per month based upon aone- year contract. These fees will be billed quarterly in advance with the first quarter due upon execution of contract. • One-time set up fee of $150.00 to transfer domain name and install existing site on our servers, due upon execution of contract. Email set up as per section 2.3. • OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410 • 3.2 Collection. All accounts more than 30 days past due will be charged interest from the due date of the lesser of (i) 2% per month on the past due amount; or (ii) the highest legal rate of interest. OptiLink may suspend, interrupt, or terminate Services on any account that is past due by more than forty five (45) calendar days. All accounts that have not been paid in full may be sent by OptiLink to a collection agency. The Client is responsible for paying all costs of collection, including, but not limited to reasonable attorneys' fees and, where lawful, collection agency fees. 4. CONFIDENTIAL INFORMATION. Confidential Information shall mean all information identified by a party ("Disclosing Party") to the other party ("Receiving Party"), which, if in writing labeled as confidential, or if disclosed orally, is reduced to writing within fifteen (15) days, and labeled as confidential. Confidential Information shall remain the sole property of the Disclosing Party. Except for the specific rights granted by this Agreement, the Receiving Party shall not use any Confidential Information of Disclosing Party for its own benefit or for the benefit of others. Receiving Party shall not disclose Confidential Information to any third party without the written consent of Disclosing Party (except to consultants who are bound by a written agreement with Receiving Party to maintain confidentiality). Confidential Information shall exclude information (i) available to the public other than by a breach of this Agreement; (ii) rightfully received from a third party not in breach of an obligation of confidentiality; (iii) independently developed by Receiving Party without access to Confidential information; (iv) known to Receiving Party at the time of disclosure; (v) produced in compliance with a court order; or (vi) which is considered public record pursuant to Florida law. Receiving Party shall give reasonable notice to Disclosing Party that Confidential Information is being sought by a third person, so as to afford an opportunity to limit or prevent such disclosure. Receiving Party agrees to cease using all Confidential Information, and to promptly return such Confidential Information to Disclosing Party upon request. 5. LIMITATION OF LIABILITY. Client's liability to OptiLink, including the indemnity contained in Subsection 7.6 is limited to the balance of the contract due and neither party shall be liable to any third party under this Agreement for any special, indirect, exemplary or consequential damages. OptiLink's liability to Client is limited to the return of any unused fees paid by the Client to OptiLink. 6. DISCLAIMER OF WARRANTIES. OptiLink specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by OptiLink, or information on OptiLink's web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations. 7. MISCELLANEOUS. 7.1. Independent Contractor. The relationship of OptiLink and Client under this Agreement is that of independent contractors and not partners, joint venturers, or co-owners as participants. Neither party has authority to contract for or bind the other. 7.2 Notices. Any notice hereunder shall be in writing and shall be given by registered, certified or express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid. Either party may change its address for notice by means of notice to the other party given in accordance with this Section. • OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410 • 7.3 Assignment. Client may not assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be void and a default of this Agreement. 7.4 Governing Law and Forum. This Agreement shall be governed and interpreted according to the laws of the State of Florida. For all disputes arising out of or related to this Agreement, the parties irrevocably consent to the exclusive jurisdiction of the Circuit Court of Palm Beach County and the United States District Court for the Southern District of Florida. ALL SUCH ACTIONS WILL BE 'FRIED BY THE COURT SITTING WITHOUT A JURY AND THE PARTIES IRREVOCABLY WAIVE THEIR RIGHTS TO TRIAL BY JURY. Client's address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with any and all actions brought by either party to enforce the terms of this Agreement, the prevailing party shall be awarded its costs and expenses of litigation, including reasonable attorneys' fees through the trial and appellate levels. 7.5 Advertising. OptiLink may include Client's name and contact information in directories of OptiLink service subscribers for the purpose of promoting the use of the Services by clients generally. OptiLink will not use Client's name or other identifying information in any other advertising or promotional materials, without the prior written consent of Client, which may not be unreasonably withheld. 7.6lndemnification. To the extent allowed by law, and subject to the limitations of Florida Statute 768.28, client shall defend, indemnify, and hold harmless OptiLink from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorneys' fees and litigation expenses) arising out of Client's approved content on Client's website, including, but not limited to, trademark or copyright infringements, defamation and obscene material. Client and OptiLink will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to this Agreement. 7.7 Termination. This Agreement maybe terminated by either party as a result of a breach by the other party which is not cured within ten (10) days after written notice of the breach is delivered to the breaching party. Provided that client has paid, •in full, all design fees related to this agreement, client may, upon 30 days written notice terminate this agreement. Upon the termination of this Agreement, by breach of this Agreement or by its terms, OptiLink agrees to cooperate in all matters necessary to transfer the Client's website to another Internet service provider without interruption of service, provided that prior to such transfer, all design and hosting fees have been paid in full through the date of requested transfer. 7.8 Entire Agreement and Waiver. This Agreement constitutes the entire agreement between OptiLink and Client with respect to the subject matter hereof. All prior agreements, representations, and statements with respect to such subject matter are superseded. Any failure of either party to exercise or enforce its rights under this Agreement shall not act as a waiver of subsequent breaches. 7.9 Severability. In the event any provision of this Agreement is determined to be unenforceable in full, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. 7.10 Non-Solicitation. Client shall not solicit or hire the services of any employee or subcontractor of OptiLink, without the prior written consent of OptiLink. 7.11 Code & Design Ownership. The Village of Tequesta will own all code and design of the site and will have full access to the site in order to FTP all files to a server of their choice. The site will remain the property of Village of Tequesta and may be used solely by the Village of Tequesta and its offices. • OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410 • 8. MODIFICATIONS. This Agreement may be modified only by a further writing, executed by both parties. This Agreement contains no special provisions, except those written below (if none, write "NONE"): 9. NOTICES. All notices hereunder shall be given at the following addresses: OptiLink: 11382 Prosperity Farms Rd. Suite 230 Palm Beach Gardens, FL 33410 Client: Village of Tequesta 250 Tequesta Drive Suite 300 Tequesta, FL 33469 IN WITNESS WHEREOF, the parties have read this agreement, understand the provisions therein and have executed as of the day of , 2002. OptiLink Communication Inc. By: Name • Title: Date: • Village of Tequesta By: Name: Title: Date: OptiLink Communication Inc. P. 561.743.9951 11382 Prosperity Farms Rd., Ste. 230 www.golinknow.com F. 561.743.9937 Palm Beach Gardens, FL 33410