HomeMy WebLinkAboutRes 2018-07-461 Hyper-Reach AgreementCITY OF ANNA, TEXAS
RESOLUTION NO. DI?-0'74sl
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT
BETWEEN THE CITY OF ANNA AND HYPER -REACH (THE ASHER GROUP).
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that an
agreement for Emergency Notification Services is vital to support the City of Anna's
Emergency Management Plan and the mission of the Anna Police and Fire
Department's to preserve and protect the public health and safety of the City's
residents;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Whereas, Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 1.
The City Council hereby approves the Emergency Notification Services Agreement
attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's
execution of same. The City Manager is hereby authorized to execute all documents
and to take all other actions necessary to finalize, act under, and enforce the Agreement
that shall remain in force until August 15, 2019.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 24th
day of July 2018.
ATTEST:
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City Secretary Carrie L. Smith NJ�
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All information in this document is Confidential.
Hyper -Reach Services Agreement
This agreement will be effective, the 15th day of August, 2018
Between: Hyper -Reach
3300 Monroe Avenue, Suite # 317
Rochester, NY 14618
Phone: 585.586.0020
Fax: 585.586.4511
(Hereinafter "Asher")
and
Client: City of Anna, Attn: City Manager
Address: 101 S. Powell Parkway
Anna, TX 75409
OContact person: Chief Jeff Caponera
office: 214-831-5312
e-mail: jcaponera@annatexas.gov
(Hereinafter "Client")
Whereas Asher provides technical services
And Client wishes to retain the services of Asher
Therefore Client retains Asher to:
1) Service
Provide access to Hyper -Reach notification system, which enables the Client to instantly send
voice and text messages to any number of recipients. Hyper -Reach service will commence two
(2) weeks after the signing of this agreement and will be available to the Client 24 hours a day,
seven (7) days a week from and after that date.
2) Deliverables
• Access to Hyper -Reach website for account creation and management, contact list
management, and reviewing reports.
• Access to the Hyper -Reach IVR system to initiate campaigns, record messages and review
reports.
Hyper -Reach Services Agreement
• Access to the Accu -Reach Targeting Tool with Google maps
® Access to IPAWS (SMS from cell towers)
• Automated Weather Alerts
3) Performance
The system will make up to seven (7) attempts (if necessary) to contact each recipient. The
system is currently scaled to deliver approximately 25,000 30 -second messages per hour, and
over 50,000 SMS (text) per hour. Capacity is based on a population of 100,000 and may be
increased if necessary.
4) Cost of Services
Services provided to Client shall be billed according to the following:
Service Description
Cost
Notes
Standard Notification System
Included with Package Pricing
Management fee includes web
with Accu -Reach Targeting
access, maintenance, security,
tool.
upgrades, and web training.
Automated Weather Alert
Included with Package Pricing
Automated service to alert the
public of severe weather
warnings. (based on community
si nu
Mapping
Included with Package Pricing
Fee to integrate Google maps
with 911 phone data.
IPAWS functionality
Included with Package Pricing
Functionality will be activated
once Client is certified by
FEMA.
On -Site Training (1/2 day)
$600 (plus travel) - Optional
Up to 4 hours of in-person
training for 2-10 people.
Purchase of Public Data (411)
$200 - Optional
Option if 911 data is not
provided by client.
Package Pricing
1 year package
$4,950 annually with option to
Package Includes:
renew at same price for another
❑ Hyper -Reach
2 years.
❑ Community Signup
❑ IPAWS alerts
❑ Automated Weather Alerts
(based on community signup)
❑ Accu -Reach Targeting Tool
❑ Web Training
❑ Unlimited minutes/SMS
Asher Group 3300 Monroe Ave., Suite 317 Rochester.NY 11618
7/19/18 Page 2 of 5
Hyper -Reach Services Agreement
5) Payments
Charges shall be paid to Asher within 30 -day terms, net from date of invoice. Any overdue invoice
shall be subject to a one and one-half percent (1.51/o) late charge for each full or part month during
which payment is outstanding. Client is responsible for all taxes and processing fees associated with
payment, if applicable.
6) Term
This initial term of this agreement shall be 1 year. Unless canceled by written notice from either
party at least 30 days prior to termination, this agreement will renew thereafter under the same
provisions stated herein.
7) Default
Upon default of payment, Asher reserves the right to discontinue further service to Client. Asher
reserves further the right to discontinue Client access to previously developed information until
payment in full of all arrears (including late charges, collection costs, attorney fees etc.) shall
have been made. Asher is not responsible for any damages to Client resulting from such
suspension, discontinuation or termination of service.
8) Confidentiality
Asher and Client each acknowledge that in the course of carrying out the terms of this
agreement, each may have necessary or incidental access to the business affairs, trade secrets,
client lists, proprietary information and operating systems of the other ("Confidential
Information"). Each party agrees that it shall maintain as confidential, all such Confidential
Information and shall treat such Confidential Information with at least the same degree of care as
it would its own confidential information. Neither parry shall obtain any ownership or other
rights to the trademarks, proprietary information or Confidential Information of the other.
Neither party shall in any way use or disseminate any such Confidential Information (save as
may during the term of this agreement enter the public domain) and shall exact a similar
confidentially covenant from each of its own employees who may have access to the
Confidential Information of the other. Each party acknowledges that an action of damages may
not suffice to compensate the aggrieved party of breach of confidentiality and each party does
hereby consent to the making of a mandatory restraining or injunctive order against it in such
event upon the application of the other, in addition to any other relief available at law or in
equity. If at the end of this contract, you should decide to terminate your Hyper -Reach service,
we will release your data back to you. Notwithstanding any provision of this agreement, it shall
not be a breach of this agreement if Asher or Client is required to disclose—under court order,
the Texas Public Information Act, or other applicable law—information or materials that would
otherwise be considered Confidential Information under this agreement.
9) Disclaimer
Asher shall take all commercially reasonable actions and precautions to ensure that Client gets
commercially valuable services. Save as aforesaid, Asher makes no warranty to Client with
Asher Group 3300 Monroe Ave., Suite 317 Rochester, NY 14618
7/19/18 Page 3 of 5
Hyper -Reach Services Agreement
respect to the services and disclaims all other warranties express or implied including but without
limitation any implied warranty fitness for any particular purpose. Save as specifically set out
herein, Asher will not be responsible for any incidental, special or consequential damage
sustained or suffered by Client in any way arising out of or referable to the services referred to in
this agreement.
10) Jurisdiction
Asher and Client agree that the laws of the State of Texas shall govern the terms of this
agreement for all purposes, and venue of any dispute involving this agreement shall be in a court
with jurisdiction over such dispute in Collin County, Texas. In the event of any dispute, the
successful party shall receive its court costs and attorney's fee and/or collection costs in full from
the unsuccessful party.
11) Notice
Any notice to be given by either Asher or Client to the other shall be effective only when made
in writing addressed to the other party at the address or facsimile number noted above and shall
be effective on the day next following the receipt of such notice by the other. Fax messages shall
be deemed received on the day they are sent and mailed correspondence, shall be deemed
received on the second day following the date of mailing. Confirmed fax transmissions shall be
binding upon the parties for all purposes of this agreement.
12) Entire agreement
This agreement constitutes the entire agreement between parties. No alteration or amendment
shall be effective unless in writing and executed by both parties. In particular, no oral statement
or representation made by either party or any representation shall be effective unless reduced to
writing and incorporated into this agreement.
IN WITNESS WHEREOF this agreement has been executed by the parties as of the day and date
on page one (1) of this document.
Asher Group 3300 Monroe Ave., Suite 317 Rochester, NY 14618
7/19/18
Page 4 of 5
Hyper -Reach Services Agreement
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7/19/18
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Note: this agreement not binding until signed by an officer of Asher Group.
3300 Monroe Ave.. Suite 317
Rochester, NY 14618
Page 5 of 5