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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: \\k III �aa,,Al •may .......IV, City Secretary Carrie L. Smith NJ� RES. j 01 0 —o q- q& I PAGE 1 of 1 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 Sam Asher Computing Services Inc per: r I�ha?ve authority to bind the corp/oration Print Name V/c ��' �,�/ d22, Title C% Date Asher Group 7/19/18 —0 da, dint e compan n per: I have authority to bind the corporation RQJAriCP Ck(A)JV Q Print Name VJ C i+l V 0 -R -CL tey Title Date 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