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3913 To Authorize an agreement between the Town and eSolutions for the redesign of a new website for the Town of TillsonburgTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3913 A BY -LAW to Authorize an Agreement Between the Corporation of the Town of Tillson burg and eSolution for the redesign of a new website for the Town of Tillsonburg. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with eSolution for the redesign of a new website for the Town of Tillson burg; THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto forms Schedule A of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 25th DAY OF MAY, 2015. READ A THIRD AND fiNAL TIME AND PASSED THIS 25"' DAY OF MAY, 2015 • ...-----.... v:::L,___.,_ .,...---$ --·· "'"'~~L~E~R~K~-~-;;;::o:n:n:a~:~ils:::o:::n::::::== .. ,,. Reference No. 231180 STANDARD TERMS FOR PROFESSIONAL SERVICES eSolutionsGroup Limited ("eSolutions11) and CLIENT (as set forth in the attached proposal) agree that any professional services performed by eSolutions for CLIENT relating to the scope of work will be on the follpwing standard terms: 1. Invoices for services rendered will be issued monthly payable on receipt. Amounts due will be increased at the rate of 11/2 percent per month after 30 days. eSolutions reserves the right, without penalty, to discontinue services in the event of non-payment of undisputed amounts. 2. eSolutions maintains statutory workers' compensation insurance, and technology errors and omissions and general liability insurance which eSolutions deems adequate. Certificates of insurance shall be provided on request. 3. eSolutions' services are solely for CLIENT's benefit and may not be relied upon by any third party without eSolutions 's express written consent. Any use, change, or distribution of Work Product without the written consent of eSolutions shall be at CLIENT's risk and will not give rise to liability of eSolutions. 4. eSolutions shall perform its professional services in the manner consistent with the level of care and skill ordinarily exercised by other professional firms acting under similar circumstances and at similar times. eSolutions makes no other warranty, implied or expressed. 5. eSolutions shall indemnify and hold harmless CLIENT for its services to the extent eSolutions' neglect or willful misconduct causes liability for the CLIENT. Neither party shall be liable for any consequential loss, injury or damages suffered by the other party, including but not limited to loss of use, earnings, and business interruption. 6. To the maximum extent permitted by Jaw, eSolutions' liability and that of its employees, agents, directors, officers, and subcontractors to CLIENT due to any negligent acts, errors or omissions, shall not exceed $1,000,000, except as to damages resulting from the gross negligence or willful misconduct of eSolutions. 7. CLIENT recognizes that eSolutions has ownership in existing intellectual property in its patents, proprietary systems, processes, analytical tools and methods ("Intellectual Property"). Such Intellectual Property has intrinsic value to eSolutions. eSolutions uses its Intellectual Property in the provision of its services, and eSolutions may incorporate Intellectual Property into the services provided to CLIENT hereunder. Nothing contained herein shall grant CLIENT, or any third party hired by CLIENT, a license or right to use Intellectual Property other than as stated in this Agreement. Any new intellectual property made solely by eSolutions in the co_urse of the Scope of Work as set out herein in the attached proposal will be owned solely by CLIENT. 8. CLIENT acknowledges that eSolutions's parent company and GHD Group Pty Ltd. ("GHD") completed a business combination transaction (the "Business Combination"} on July 2, 2014. As a result of the Business Combination, eSolutions is now indirectly wholly-owned by GHD. CLIENT hereby agrees that this agreement may be assigned to another entity within the GHD group of companies that will be directly or indirectly wholly-owned by GHD (a "Related Entity!'). Any su~h Related Entity shall assume all of eSolutions's liabilities, duties and obligations in, to, and under this Agreement. CLIENT hereby agrees that this assignment may be effected without any further notice or action on the part of eSolutions. Upon request, CLIENT agrees to execute and deliver any further documents as may be reasonably requested by eSolutions or its successOr to evidence such consent and/or assignment. itions are hereby accepted this 00 day of~ 201.? ~ eSolutionsGroup Umitedo ------------------~--~----~~~,------~ •. ----.. Per: _<;:.k.d.--on H..o\ro.x -. r- \o_..,." ... ;--~~~d Per: Title: ~c:SY. Title: ....._, I have authority to bind the Corporation I have authority to bind the Corporation ~-- L:Jc:,"-......._ L...J~...-Ls.u ....._ l"D....,;~ Cl....r k__ CRA 200016 Rev. 2 • 07/15/2014 THIS COMPLETED FORM IS A QUALITY RECORD Reference No. 231180 SCHEDULE/ WORK PLAN eSolutions has provided ·below a work plan for implementing the project. We have identified the resources required to complete the project. eSolutions will meet the Town committee on a weekly basis to ensure the project stays on scope, schedule and budget. We will provide several tasks per week and assign business owners as we work through the project deliverables. Please note the timeline maybe adjusted for vacation or other scheduling conflicts. Sitemap focus group • 2 hours on site Recommended Attendees: *Web CommitteeJ Board, Accessibility Committee, Stakeholders, Customer Service, citizen(s) Writing for the Web Training • 3 hours over conference call Recommended Attendees: Determine Module Requirements • Calendar • News • Photo Gallery • Contacts Week of June 22 (choose 1 day) Week of July 6 COMM COMM ws PM, PC Design of interior page concept (1) based on homepage design • includes one round of revisions signoff of other concepts: Website design style sheets developed into i:Create CMS templates: • Printer Friendly • Email to Friend • Share • Text Size Integrate Modules: • News Tool with social media integration • • • • • • • • • • • • • • Emergency Banner Contact Module Shared Content Feedback module Photo Gallery Google Analytics Google Site Search Poll Module Friendly URL module Achecker for accessibility CASL form for newsletters and news Page Subscriptions-Each content page in the website will offer the end-user the opportunity to subscribe to be notified when the page has been updated. Shared Content-Create page elements (images, text, tables, or any combination of content types), that can be used over and over again across multiple pages. Accordion Widget-Create folding content to save reduce Reference No. 231180 October 6 -13 GD October 14-16 GD November 2-13 DEV November 9-13 DEV Training ofTillsonburg eSolutions software as required • 2 days on site (up to 10 people) • i:Create CMS + Modules Run Reports • Accessibility Report • Broken Link Report Check *Staffing Definitions: PM=Project Manager GD=Graphic Designer WS=Web Strategist FGM= Focus Group Member PC=Project Coordinator OA=Quality Assurance COMM= Website Committee Reference No. 231180 TRA, PM, PC DEV=Developers SYS=Systems and Networking TRA=Trainer Reference No. 231180 COST PROPOSAL eSolutions has provided a detailed breakdown of each section of the project. We have detailed our key deliverables in the timeline and the cost breakdown. Site map • Draft • Revisions • Final version Sitemap focus group (Max 20 • 2 hours on site Recommended Attendees: *Web Committee, Board, Accessibility Committee, Stakeholders, Customer Writing for the Web Training • 3 hours over conference call Recommended Attendees: *Content providers, Content Writers. Max20 Content Writing • • revisions • Homepage Concept 111 Design & Presentation • Revisions • Final Version Design of interior page concept (1) based on homepage design • includes one round of revisions • Final version Design, revisions and signoff of other concepts: • Determine Module Requirements • Calendar • News • Photo Gallery • Contacts Website design style sheets developed into i:Create CMS templates: • Printer Friendly • Email to Friend • Share • Text Size $1,350.00 1,250.00 TO BE COMPLETED BY TILLSON BURG WEB COMMITIEE $2,500.00 $1,250.00 $800.00 INCLUDED Integrate Modules: • News Tool with social media integration • Emergency Banner • Contact Module • • • • • • • • • • • • Shared Content Feedback module · Photo Gallery Google Analytics Google Site Search Poll Module Friendly URL module Achecker for accessibility CASL form for newsletters and news Page Subscriptions-Each content page in the website will offer the end-user the opportunity to subscribe to be notified when the page has been updated. Shared Content-Create page elements (images, text, tables, or any combination of content types), that can be used over and over again across multiple pages. Accordion Widget-Create folding content to save page space and reduce Training ofTillsonburg Web Committee on all eSolutions software as required • 2 days on site (up to 10 people) • i:Create CMS + Modules Run Reports • Accessibility Report • Broken Link Report • Cn.cll Check Internal Content Review • • Submits to Google, Bing etc. • Go Live Reports broken link, spell check, and accessibility check • DNS change (if reauired bv eSolutio *Exclusive of applicable taxes Reference No. 231180 $1,250.00 INCLUDED TO BE COMPLETED BYTILLSONBURG WEB COMMITTEE Reference No. 231180 PAYMENT SCHEDULE *Exclusive of applicable taxes HOSTING AND LICENSING In order to provide the best value to our clients we ask that we host their website and data in our Tier 3 data centre. Web hosting includes: $250.00/month • Unlimited License and upgrpdes for i:Create & Modules • Google Analytics web statistics reports • Backups and Disaster Recovery • Includes 2G disk space • Includes 10GB/Month bandwidth • site search *Exclusive of applicable taxes SUPPORT AND MAINTENANCE-AFTER 3 MONTHS FREE SUPPORT After our training of staff we provide 90 days free support. After that period we offer different support options. We have provided a sample support cost below. *Exclusive of applicable taxes