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HomeMy WebLinkAboutContracts & Agreements_177-2018 AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of services associated with website functionality nnmproverrient services ("Agreen-nno is made and entered in this 18th of September, 2018 ("Effective Date'), by and between the City of Redlands, a municipal corporation ("City)" and Digital Deployment, Inc ("Consultant') City and Consultant are sometimes individually referred to herein as a `Warty" and, together, as the `Warties " In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE 1 —ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide website fiinctionality improvement services for City's Management Services Department (the "Services") 12 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2 —SERVICES OF CONSULTANT 21 The Services that Consultant shall perforrin are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including but not limited to State prevailing wane laws ARTICLE 3 —RESPONSIBILITIES OF CITY 3 1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Danielle Garcia, Management Services/Finance Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4—PERFORMANCE OF SERVICES 41 Consultant shall perfornn and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit `B," entitled `Wroject Turielme," which is attached hereto and incorporated hereon by reference The Services shall commence within ten(10) days of the Effective Date of this Agreement C-\Windo«s1T EMPIBCL TechnologiesleasyPDF 71@BCL a,18 i687251bBCL,@ 1816872 5.doc 42 At any tines during the Term of this Agreement, City may request that Consultant perform Extra Services As used herein, "Extra Services" means any work which is determined necessary by City for the proper completion of the project or work for which the Services are being performed, but which the Parties did not reasonably anticipate would be necessary at the brie of execution of this Agreement Provided the Extra Work does not exceed twenty percent (20%) of the compensation to be paid by City to Consultant for the Services, such Extra Work may be agreed to by the Parties, by written amendment to this Agreement, executed by the City Manager Consultant shall not perform, nor be compensated for, Extra Work without such written authorization from City 43 If Consultant s Services include deliverable electroivc visual presentation materials, such materials shall be delivered in a form, and invade available to the City, consistent witli City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City Staff ARTICLE 5 —PAYMENTS TO CONSULTANT 5 1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Fifly One Thousand Seven Hundred and Eighty Three dollars ($51,783) City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "C" entitled "Project Costs " Exhibit "C" is attached hereto and incorporated herein by this reference 52 Consultant shall submit monthly invoices to City describing the Services performed during fine preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the project City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant s invoice 5 3 Any notice or other coimiminnication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered () on the date of delivery in person, (n) fve (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party niay provide notice in accordance with this section LL Consultant Danielle Garcia, Director Rocky Martin, Vice President Management Services/Finance Dept Digital Deployment, Inc City of Redlands 2321 P Street 35 Cajon Street, Suite 222 Sacramento, CA 95816 C-11VEndmvsU EMPTCL TechnoloVesleasyPDF 71013CL,0?18 I6872511)13CL0a,18168725Aoc PO Box 3005 (mailing) Redlands, CA 92373 Such addresses may be changed by notice to the other Party given in the same manner as provided above ARTICLE 6—.INSURANCE AND INDEMNIFICATION 61 Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perfonn any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City 62 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an ins>rance carrier acceptable to City, or certification to City that Consultant is sehf insured or exempt from the workers' compensation laws of the State of California Consultant shall provide City with Exhibit 'D," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services 63 Consultant shall secure and maintain comprehensive general liability insurance with carriers acceptable to City Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 64 Consultant shall secure and manitarn professional Lability insurance throughout the tern of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made 65 Consultant shall secure and maintain business auto liability coverage, with nunuu n limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily mjury liability and property damage Lability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City 66 Consultant shall defend indemnify and hold hanniess City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned C-\%Vindo`NslT EMPIBCL Technoloa esleasyPDF 71@BCL{a?i 81687253@BCL ao 18 i 68725 doc by any negligent act or omission by, or the wMU misconduct of Consultant, or its officers, employees and agents in performing the Services ARTICLE 7—CONFLICTS OF INTEREST 7 1 Consultant covenants and represents that it does not have any investment or Interest in any real property that may be the subject of this Agreement or any other source of income, Interest in real property or Investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant fiirther covenants and represents that in the perfonmance of Its duties hereunder, no person having any such Interest shall perform any Services under this Agreement 72 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A Does not make a governmental decision whether to (1) approve a rate, rule or regulation, or adopt or enforce a City law, (n) Issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authonzation or entitlement, (mu) authorize the City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a parry, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt or grant City approval o� policies, standards or guldehnes for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the sane duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 73 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the Crory Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8—GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, In addition to any costs and other relief be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of ni-house counsel by a Party C1LVindouslTEMP1BCLTec1mologiesleasyPUF7\Ca),BCL@181687251aBCi )18168725.doc 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement 83 Records, drawings, designs, cost estimates, electronic data files databases and any other docuirients developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become. the property of City and shall be delivered to City upon completion of the Services, or upon the request of City Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk 84 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instruunentahties required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account o� or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 85 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is ternrmated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a termination notice, Consultant shall mmiediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, siimmanes and such other information and materials as may have been accumulated by Consultant in performing the Services Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 86 Consultant shall inanntam books, Iedgers, invoices, accounts and other records and documents. evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for exarnmation by City at the office of Consultant 87 This Agreement, nrcluudmg the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such C•NVmdo%�s\TETW\BCL TechnologiesleasyPDF 71[aIBCL(a1,18168725 @BCL@..18168725.doe rnatters are superseded by dus Agreement. Except as otherwise provkded for herm any amendment to dm Agreement shift be in w trW, approved by City and signed by Cry and Consultam 88 This Ageemena shall be governed by and construed in accordance wth the laws of the State ofCaffornra. 89 If one or more of the sentences, clause& paragraphs or seetx)ns contained in thn Agrc:ernerit is declared irmalyd, void or unenforceable by a court of congetent jwisdicwrL the sarm shall be deemed sewrable from the rernander of this Agvernent and snail not affect, ffnparr or •tva date the r�ernanmg sentences, clauses, parapaphs, or sectrons comaned tc en. unless to do so wmuld depme a Party of a rratenal benefit of its barprn under this Ageetnent- IN WITNESS WHEREOF, dttiy authorized representatmes of City and Consultant have srgx.d in confir-niation ofthrs Agreement- CITY OF REDLANDS DIGH At.DEPLOYMEN-1,INCBy � y Paul Vv Foster. Mayor R y art4 a President Attest. Donaldson, City Clerk e ,uirs&%%s,Ih u Lrcdmrxqcs�e�r7aact.,aiare9725164Hcr.ararsans.aoc 00, EXHIBIT A - SCOPE OF SERVICES We believe creating a website should be more than successful—it should also be delightful We have worked to create a process that instills confidence,taking projects from initiation to launch in a predictable, transparent way This is about more than just a website, it s about connecting with your audiences in a meaningful way Timeline The project timeline is typically between six to eight months from orientation to launch, and varies based upon your needs and the availability of your team 1 2 3 4 5 Orientation Discovery Design Implementation Train/Curate Launch CC- Ki;k r. Ee h•Uric Er.r G:<r_v_ry ih'=c;n Sa;v Ihrrsu •en?: C i•1 8rc1'„ Fic,,;a C�:.hly P o'nur[ D, _ E• Tf 0r. �. . _ r�•,l ntrnl Cora.r.; - _ C _ _;,L di'J _... SIr11:)1i3-r Sia yC yh pnp,VlY�a Chi[4:: Orientation Intention This one-hour orientation meeting is intended to define project expectations and review scope, identify client content leaders, and help participants become familiar with the process and our tea m Key meetings-1 hour with our team and your primary web team Content Track Intention. To work together to bring the typically small fraction of content that the overwhelming majority of users are looking for to the forefront, so your users can find things quickly and accurately We work with client to plan and complete all required content services The content track runs alongside the rest of the process,from orientation through launch Website Proposal Digital Deployment Page 6 of 23 We develop content management systems,which means content is a big priority for most of our clients Proper planning and execution of content services can make a project(and poor planning or execution can break it) Because of this, we have created a dedicated Content Track that hums along beside the other phases to make sure content is in good shape in time for launch • Our Content Specialist completes an inventory of all site content and identifies content that may need special treatment or custom templates • A content strategy is created that outlines how content services will be completed, including migration timeline, if applicable • Migration of content from old site to new, using best practices and setting content up for easiest maintenance possible • Our Content Specialist will work with you to determine who needs to be trained on the new site and what the best training strategy for your team will be • After training, content curation phase takes place Our Content Specialist provides content guidance for home page and other vital sections Key meetings 1 hour content orientation and planning, follow up meetings/ phone calls as needed Deliverables Content inventory, strategy documents, content plan,training strategy Discovery Intention:the discovery process helps us understand your organization s objectives, challenges, and audiences, as well as what each audience needs from the website It also serves to align your stakeholders on project outcomes and goals In the discovery phase we identify the gaps between what the website is now and what it needs to be, and develop strategic solutions to close those gaps by means of information architecture, design, and content strategy Discovery, content, information architecture and design are all one big conversation that helps us discover the tone of your organization • "Exploring your Purpose" exercises help you articulate, and us understand, who you are for the world It helps build consensus with stakeholders to allow us to embark upon the project with a unified set of goals in mind and a clear understanding of expected outcomes • User stories (or personas) help us imagine site visitors and what they are trying to accomplish • Stakeholder surveys help gather input from important groups that may not be a part of your website project team (board members, community members, staff, etc) • Focus groups are sometimes appropriate when you just can't get the information you need from surveys, and you want to have in person conversations to gather more detail • A review of existing analytics helps us understand current site visitor behavior • Drafting the information architecture this early in the process gives us a place to start IA is a process, not a solid plan, as content and navigation and design start to come together,we'll be able to make adjustments to better serve your audiences • A website field trip helps us determine your team's visual and design preferences Website Proposal Digital deployment Page 7 of 23 Key meetings- 2-3 hour discovery meeting with primary client web team and desired stakeholders to review findings and draft information architecture, website field trip Focus groups and follow up calls as needed Deliverables discovery digest including project overview, goals, audiences and challenges, draft information architecture Design Intention to provide designs that reflect your organization s aspirations and strategic goals, and that reflect everything we learned in Discovery The design process includes however many iterations it takes to get it right We're usually pretty close on our first attempt, but if the designs need more work, we're on it • From the website field trip and everything learned in Discovery phase, designers create and refine two powerful designs that "listen"to user needs • You choose a direction, and design is refined in iterations until it's just right, and ready to be implemented in the sandbox Key meetings: 1 hour design review, follow up meetings and phone calls as needed Deliverables:a complete, approved design for the home page, main landing page and mobile (If scoped, designs for microsites or special templates may be delivered at this time as well) Implementation Intention to take the approved designs and make them a reality in your sandbox, and deliver a sandbox ready for training, with all required features and functionality This is the phase when we re a bit radio-silent except for content related things • Our front end developer implements design, including home and subpages, and mobile responsive functionality • Required features are tested, QA performed • Site reviewed for content and theme completion Key meetings- none Deliverables-fully themed website ready for training U Training Intention.to empower you to manage your own content with comprehensive training Website Pioposal Digital Deployment Page 8 of 23 • You'll learn how to edit/add/delete content on your new site, update the site map, manage users and more • Content best practices, governance, and workflow tips • Ongoing content maintenance strategies to help you keep your site up to date • Train the Trainer approach enable client work team to train additional staff members if desired Key meetings.All day(approx 6 hour)training "retreat" day either at Digital Deployment or on-site Deliverables Your new site in its "sandbox" (pre launch)form, ready for your team to begin content curation with our support Launch intention•to plan for and later celebrate the launch of your website • Last QA left to right content and theme reviews, and accessibility checks • Double check site settings, launch readiness • Help client change DNS settings to take the new sandbox live Key meetings: None in person, available with technical information (via messages)when needed Deliverables the smooth launch of a website you can be proud of Website Proposal Digital Deployment Page 9 of 23 Exhibit B-Project Timelines Digital Deployment Weeks 1-2 Orientation- Project participants enrolled and instructed in the 5 Phase process Discussion, documentation, and preparation, planning and resource allocation for Phase 1 Infrastructure deployment of testing and production environments, Hosting setup and configuration, CDN,Virtual Private Cloud, Server setup, Load Balancer Configuration,Webserver Config,Apache Solr, Drupal installation, module deployment, configuration of content types,taxonomy, and all other necessary modules Platform and SLA agreement begins Weeks 2-5 Phase 1 Discovery-Develop and disseminate exploration exercises Develop and disseminate stakeholder surveys Meet and collaborate on Information Architecture(IA), Sitemap, Content Strategy, adjust accordingly Weeks 5-10 Phase 2 Design-design discussion meeting, designs presented, design revisions,final design approval Weeks 10- 15 Phase 3- Implementation- Execute design and information architecture into the CMS Implement templates Sitelmprove configuration with sandbox Weeks 15-21 Phase 4 Sandbox training and support, launch and post-launch support planning Quality testing and review,QC,fit and-finish adjustments Migration services, including migration, evaluation,quality control,formatting, and metadata Our Crawler found 800 primary pages and 1000 files (Cost formula 12 pages per hour, 24 files per hour, $100/hour) *Primary Pages combine all valid and indexable pages which are either unique,or primary versions of any duplicate set Best portrayal of what will be indexed by Google. Weeks 21-22 Phase 5 Launch-Final quality checks and preparation for launch DNS support, soft launch,final launch Estimated Launch Date based on 9/20/18 Start Date 3/28/2019 Exhibit C - Project Costs Estimated Timeline Process Milestones Hours Cost Weeks 1 2 Orientation Project participants enrolled and instructed in the 5 12 $1 800 Phase process Discussion documentation,and preparation, planning and resource allocation for Phase 1 Infrastructure deployment of testing and production environments, 37 $ 5,550 Hosting setup and configuration,CDN,Virtual Private Cloud, Server setup, Load Balancer Configuration,Webserver Config, Apache Solr Drupal installation module deployment,configuration of content types taxonomy and all other necessary modules Platform and SLA agreement begins Weeks 2 5 Phase 1•Discovery-Develop and disseminate exploration 37 $ 5,550 exercises Develop and disseminate stakeholder surveys Meet and collaborate on Information Architecture(IA), Sitemap,Content Strategy,adjust accordingly First Process Payment $12,900 Weeks 5-10 Phase 2 Design-design discussion meeting,designs presented, 50 $7,500 design revisions,final design approval Second Process Payment $7,500 Weeks 10-15 Phase 3 Implementation-Execute design and information 74 $11,100 architecture into the CMS Implement templates Sitelmprove configuration with sandbox Weeks 15-21 Phase 4.Sandbox training and support launch and post-launch 37 $ 5,550 support planning Quality testing and review,QC,fit-and-finish adjustments Third Process Payment $16,650 Migration services,including migration, evaluation,quality control 108 $10 833 formatting, and metadata Our Crawler found 800 primary pages and 1000 files (Cost formula 12 pages per hour, 24 files per hour,$100/hour) *Primary Pages combine all valid and indexable pages which are either unique or primary versions of any duplicate set Best portrayal of what will be indexed by Google Weeks 21 22 Phase 5• Launch-Final quality checks and preparation for launch 6 $900 DNS support,soft launch,final launch Final Process Payment $11,733 Total Implementation Cost 361 $48,783 Monthly Service Level Agreement Fee $500/mo for 6 months $3,000 Estimated Launch Date based on 9/20/18 Start Date 3/28/2019 Total $51,783 Website Proposal Digital Deployment Page 16 of 21 EXHIBIT "D11 "ORKERS' COMPENSATION INSURANCE CERTIFICATI N Ever} empk) er except the State shall secure the payment of compensation in one or more of the follo%.ing ways (a) By beitia cured a st h bulty to pay corgeu�sation by ors or more suers duly authorised to—wme compensation murrance in tlm State (b) I3y sects ftorn the Drector of Industrial Relations. a cert6cate of consent to self-mot . ear as an individual employer, or as one etriplo)er in a gaup of empk-yers. vdiich may be given upon furnishing proof satisfactory to the D actor of lndustr .l Re lawns' of ability to sel=iisure and to pay any compensation dlat a4 become due to hzs or her employees CHECK ON[ _I am aware of the ptvrsions of Sectx)n 3700 of the Labor Code %,�f ch requires eery emplover to bc. cured agamt !ability for Workers Compensawn or to undertake self- murance in accordance w-Ah the provisuns of that Code, and I will comply 4Nith such provs*ns before convwnciug tlu, pertont tee of the wvork and actor-airs required or permitted w)&r thus A€=enrm (Labor Code§i 86l) l affirm that at all t s. in performing the work and activities required or pernmed sunder this AgreeinLrtt. I shall not empb-, art} person in arty manner such that I bc.eomc Subject to the %%orkers' corgaensation la%%s of CaDrftima However at am tm-e of I empty any person such that I become subject to thL workers' cnrr ;nsat n la%�s of CaWrr , unn-rduately I shall provide the Crvt 4VI.h a c.er16--ate of consent to self-mure. or a certd atk-)n of workers* ccou :rsaw)n mm—ance I certify under pesky of perjur�,° under the his of the State of CalR)= that the fon-nation and representawns made rt this certificate arc true and correct Deal D cploy ant. IncDate ' y y 'wlartin C �xr �I3'�"i� .r Tzrlsrc�?�s�^�-�FT�i-`aca4SLL�..7�r �.�'�_:F3(le:cr3�tf ?�cka.