HomeMy WebLinkAbout5.440 Original Contract
Dungeness
Communications, Inc.
WWW.DUNGENESSCoMMUNICATIONS.COM
3191 Woodcock Road
Sequim, WA98382
(360) 681-2076
FAX: (360) 681-5362
EIN: 91-2144261
ColdFusion Hosting Plan
Dungeness Communications, Inc. is pleased to announce the availability of our new supported
ColdFusion hosting plan. . ~ jO;J dt~ /
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This plan includes:
250 MB Disk Storage on Static IP
6GB Bandwidth of monthly traffic
Unlimited FTP accounts
No extra charges for use of databases
Virtual mail address forwardsIPOP3 accounts
MediaHouse statistics
Cost for this plan is based on $30 per month and is billed quarterly, semi-annually, or annually.
Accounts set up before the end of the year will be billed through the end of the year to start.
....IL your organization would like us to set up an account for you, please sign and date below and FAX
.360-681-5362.
Pete and Hall Stuart-Lovell
Dungeness Communications, Inc.
Please sign us up for your ColdFusion hosting account.
We expect to be billed now for the remainder of 2001 and would like to be billed
_Quarterly _ Semi-Annually V' Yearly after that.
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OrganIZatiOn
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Authorized Signature
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Date
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5.110
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
DUNGENESS COMMUNICATIONS & DESIGN
RELATING TO: Creating a Web Site for the City of Port Angeles
REEMENT IS made and entered Into this IClt!.. day of _
, 1997, by and between THE CITY OF PORT
, a non-charter code city of the State of Washington,
(herelna er called the "CITY") and Dungeness Communications &
Design, 8 W88hl1'l~tel'l c;?)JJti9~L (hereinafter called the
"CONSULTANT") /'ill--
WHEREAS, the CITY desires to develop a web site, and
WHEREAS, the CITY desires to engage the professional services and
assistance of a qualified consulting firm to perform the scope of work
as detailed In Exhibit A, and B.
WHEREAS, the CONSULTANT represents that It has the background,
expenence, and ability to perform the required work, and
NOW, THEREFORE, In consideration of the above representations
and the terms, conditions, covenants and agreements set forth below,
the parties hereto agree as follows
SCOPE OF WORK
The scope of professional services to be performed and the results to
be achieved by the CONSULTANT shall be as detailed In the attached
Exhibit A and letter dated May 13, 1997 from CONSULTANT The
CITY shall provide to the CONSULTANT In electrOnic format, all text
and Images ~o be converted Into web pages and reserves the nght to
adjust content as long as the total number of web pages remains the
same.
The CITY may review the CONSULTANT'S work product, and If It IS
not satisfactory, based on the content set forth In Exhibit A, the
CONSULTANT shall make such changes as may be reqUired by the
CITY Such changes shall not constitute "Extra Work" as related In
Section VIII of this Agreement
The CONSULTANT agrees that all services performed under this
Agreement shall be In accordance with the standards of the profession
and in compliance with applicable federal, state and local laws
The Scope of Work may be amended upon wntten approval of both
parties
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic
Images, or other components of the work shall become the property of
the CITY for use without restnctlon and without representation as to
SUitability for reuse by any other party unless specifically venfied or
adapted by the CONSULTANT. However, any alteration or reuse ~of
the documents, by the City or by others acting through or on behalf of
the City, Will be at the City's sole nsk.
III PAYMENT
The CITY shall pay the CONSULTANT as set forth in thiS section of
the Agreement Such payment shall be full compensation for work
performed, services rendered, and all labor, matenals, supplies,
equipment and incidentals necessary to complete the work
A Payment shall be on the basIs of the CONSULTANT'S cost for
actual labor and overhead plus CONSULTANT'S direct non-
salary reimbursable costs as set forth In Exhibit B
Labor costs shall be based on the hourly rates shown in
letter
2. The direct non-salary reimbursable costs are those directly
Incurred In fulfilling the terms of thiS Agreement, Including,
but not limited to, travel, subSistence, telephone, CADD
computer, reproduction and pnntlng, supplies and fees of
outside services and consultants Ten percent (10%)
overhead and profit may be added to direct non-salary
reimbursable costs
The CONSULTANT shall submit inVOices to the CITY as phases
are completed. Invoices shall detail the work, hours, and hourly
rate, shall Itemize With receipts and inVOiceS the non-salary direct
costs; and shall indicate the speCific task or activity In the Scope
of Work to which the costs are related.
C
The CONSULTANT inVOices are due and payable Within 30 days
of receipt. In the event of a disputed billing, only the disputed
portion Will be Withheld from payment
D. Final payment for the balance due to the CONSULTANT will be
made upon the completion of the work and acceptance by the
CITY
E Payment for "Extra Work" performed under Section VIII of thiS
Agreement shall be as agreed to by the parties in writing
IV MAXIMUM COMPENSATION
Unless otherwise agreed to In writing by both parties, the
CONSULTANT'S total compensation and reimbursement under thiS
Agreement, including labor, direct non-salary reimbursable costs and
outSide services, shall not exceed the maximum sum of $3,000
V EMPLOYMENT
Employees of the CONSULTANT, while engaged In the performance of
any work or services under thiS Agreement, shall be conSidered
employees of the CONSULTANT only and not of the CITY, and claims
that may anse under the Workman's Compensation Act on behalf of
said employees while so engaged, and any and all claims made by a
third party as a consequence of any negligent act or omission on the
part of the CONSULTANT'S employees while so engaged, on any of
the work or services prOVided to be rendered herein, shall be the sole
obligation and responSibility of the CONSULTANT.
In performing thiS Agreement, the CONSULTANT shall not employ or
contract With any CITY employee Without the City's wntten consent.
VI SUBCONTRACTS
A
The CONSULTANT shall not sublet or assign any of the work
covered by thiS Agreement Without the wntten consent of the
CITY
B In all soliCitation either by competitive bidding or negotiation made
by the CONSULTANT for work to be performed pursuant to a
subcontract, including procurement of matenals and eqUipment,
each potential sub-consultant or supplier shall be notified by the
CONSULTANT of Consultant's obligations under thiS Agreement,
Including the nondlSCnmlnatlon requirements
City of Port Angeles - June 1997
VII CHANGES IN WORK
The CONSULTANT, after reviewing material provided by the CITY,
may determine on a page by page basIs that the provided material
lacks the specificity reqUired to convert It Into a web page In such
cases the CONSULTANT shall submit a decIsion request form, as
detailed In Exhibit C, allowing the CITY the choice of removing the
page from the scope of work or authorizing the CONSULTANT to
complete the page and receiving added compensation as set forth In
the completed Exhibit C
Any other changes In the scope of work, except as set forth in Section I
above, may be suggested by either party Such changes shall not
become part of thiS Agreement unless and until mutually agreed upon
and incorporated herein by written amendments to thiS Agreement
executed by both parties
VIII EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or
render services In connection with thiS project, In addition to the Scope
of Work set forth In Exhibit A and minor reVISions to satisfactorily
completed work. Such work shall be considered as "Extra Work" and
shall be addressed In a written supplement to this Agreement The
CITY shall not be responsible for paYing for such extra work unless
and until the written supplement IS executed by both parties
IX TERMINATION OF AGREEMENT
A The CITY may terminate thiS Agreement at any time upon not
less than ten (10) days written notice to the CONSULTANT
Written notice will be by certified mall sent to the consultant's
designated representative at the address provided by the
CONSULTANT
B In the event thiS Agreement IS terminated prior to the completion
of the work, a final payment shall be made to the CONSULTANT,
WhiCh, when added to any payments previously made, shall
compensate the CONSULTANT for the percentage of work
completed.
C In the event thiS Agreement IS terminated prior to completion of
the work, documents that are the property of the CITY pursuant
to Section II above, shall be delivered to and received by the
CITY prior to transmittal of final payment to the CONSULTANT
X INDEMNIFICA TION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims,
damages, losses, and costs, including, but not limited to, attorney's
fees and litigation costs, arising out of claims by third parties for
property damage and bodily inJury, including death, caused solely by
the negligence or Willful misconduct of the CONSULTANT,
CONSULTANT employees, affiliated corporations, officers, and
subcontractors in connection With the work performed under thiS
Agreement
The CITY agrees to indemnify the CONSULTANT from any claims,
damages, losses, and costs, Including, but not limited to, attorney's
fees and litigation costs, arising out of claims by third parties for
property damage and bodily injury, including death, caused solely by
the negligence or Willful misconduct of the CITY, CITY's employees, or
agents In connection With the work performed under thiS Agreement
If the negligence or Willful misconduct of both CONSULTANT and CITY
(or a person Identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the CONSULTANT and the CITY in proportion to their relative
degrees of negligence or Willful misconduct and the right of indemnity
shall apply for such proportion.
Should a court of competent JUrisdiction determine that thiS Agreement
IS subject to RCW 4 24 115, then, In the event of liability for damages
arising out of bodily Injury to persons or damages to property caused
by or resulting from the concurrent negligence of the CONSULTANT
and the CITY, ItS officers, officials, employees, and volunteers, the
CONSULTANT'S liability hereunder shall be only to the extent of the
CONSULTANT'S negligence It is further specifically and expressly
understood that the indemnification prOVided herein constitutes the
CONSULTANT'S waiver of Immunity under Industrial Insurance, Title
51 RCW, solely for the purposes of thiS indemnification. ThiS waiver
has been mutually negotiated by the parties. The prOVisions of thiS
section shall survive the expiration or termination of thiS Agreement.
However, the CONSULTANT expressly reserves ItS rights as a third
person set forth In RCW 51 24 035
XI APPLICABLE LAW
ThiS Agreement shall be construed and interpreted In accordance with
the laws of the State of Washington, and In the event of dispute the
venue of any litigation brought hereunder shall be Clallam County.
XII EXHIBITS AND SIGNATURES
This Agreement, Including ItS exhibits, constitutes the entire
Agreement, supersedes all pnor written or oral understandings, and
may only be changed by a written amendment executed by both
parties The follOWing exhibits are hereby made a part of this
Agreement
Exhibit A - Scope of Work
Exhibit B - CONTRACTOR Letter of May 13, 1997
In WITNESS THEREOF, the parties hereto have executed thiS
Agreement as of the day and year first wntten above
"'6
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TITLE CJ t-tJn tY
ATTEST.
Ag~lb~. J.Jptm
BECKY UPTO ITV ERK
City of Port Angeles - June 1997
Exhibit A - Scope of Work
City Web Page
6/2/97
Citywide - (6-8 pages)
Homepage
Form of Government / Council MemberslManagement / Phone Numbers
City Calendar of Meetings & Events
Council Agenda & Minutes
Goals & Objectives
Mission Statement / Values
International Gateway to Victoria, B.C.
City Attorney - (4 pages)
Title Page / Phone Numbers
Ordinance Violation Info
Bail Schedule
Victims Assistance
Finance - (4 pages)
Title Page / Fact Sheet
Financial/Budget Info
Summary of Annual Report
Tax Rate Comparison
Fire - (4 pages)
Title Page / Monthly Report
Department Services
Fire Prevention Tips & Information
Disaster Management Information
Parks - (9-12 pages)
Title Page
Available Facilities & Reservation Info
Recreation Activities w/Phone Numbers
Youth / Adult Recreation Programs
VBMCC Community Functions
Senior Center Activities
Pool Programs
Gift Catalog & Memorial Donation Info
Ocean View Cemetery
Planning - ( 4 pages)
Title Page / Process Description
Current Applications Under Review / Demographic Info
Land Use / Zoning Information
Frequently Asked Questions (F AQ)
Police - (4 pages)
Title Page
D.A.R.E. Program
Crime Prevention
PENCOM
Public Works & Utilities (14 pages)
Title Page
Water Utility Rates & Info
Water Programs / Projects / Issues
Wastewater Utility Rates & Info
Wastewater Programs / Projects / Issues
Solid Waste Utility Rates & Info
Solid Waste Programs / Projects / Issues
Electric Utility Rates & Info
Electric Programs / Projects / Issues
Storm Drainage / Transportation Info
Storm Drainage & Transportation Programs / Projects / Issues
Construction Permit Info
Permit FAQ's
Miscellaneous Rules & Requirements
Total Number of Pages 49-54
Dungeness
Communications &. Design
3191 Woodcock Road
Sequim, WA 98382
(360) 681-2076
Fax: (360) 681-5362
WWW.DUNGENESS.COM
May 13, 1997
Mr. Bob Titus
City of Port Angeles
321 East 5th Street
Port Angeles, W A 98362
Dear Mr. Titus:
Dungeness Communications & Design appreciates the opportunity you have given us to
bid on the web site design for the City of Port Angeles. We are confident that we can
design a pleasing, effective site that contains readily accessible information, operates
quickly and efficiently, and serves the needs of the community's Internet users.
After meeting with you and reviewing the scope of your project, we believe the following to
be true:
1) The city desires a comprehensive site that includes many departments or services and
could range in size from modest to expansive. Fifty "pages" have been specified; however,
many of these "pages" could be expanded to become "sites" of their own. The flexibility to
enlarge particular areas of interest at a later date needs to be considered and maintained.
2) The individual documents that will comprise the site are in various forms and places
and have not been reviewed as to content or suitability by our firm. We understand that
most documents are available in some form of electronic medium, but their ability to be
converted easily to HTML format for the web can only be determined after individual
reVIew.
3) The city would like to keep initial costs to a minimum. There are advantages to
starting small and adding functions as the need for them becomes apparent. Portions that
are used more frequently or provide greater benefit to the city can be elaborated later,
thus keeping investments in lesser used portions to a minimum.
In response to the above, we propose the following:
A) Dungeness Communications & Design will design a web site for the City of Port
Angeles. This design shall take place in three phases. These shall be referred to as: the
Design Analysis Phase, the Functionality Phase, and the Content Phase.
B) There shall be a review and approval process at the completion of each phase. A
demonstration of work completed will be conducted by Dungeness Communications &
Design at the city offices. The city will provide a computer with Netscape or Internet
Explorer software installed. An Internet connection is preferred but not essential. Upon
approval of each phase, Dungeness Communications & Design will submit an invoice and
be compensated for that phase of their work.
C) All work estimated by Dungeness Communications & Design is based on a discounted
billing rate of $25/hour. This is in contrast to our standard billing rate of $35/hour for this
type of work.
D) Following is a description of the above mentioned phases and an estimate of the effort
required for each.
. Design Analysis Phase
The Design Analysis Phase shall include determination of style, color, font choices,
navigational structure, and overall design framework.
At the Design Analysis Review, proposed options for the various design elements
will be presented to the city. This phase of the design process will represent a
minimum of 20 hours of effort by Dungeness Communications & Design.
Compensation for the Design Analysis Phase will be $500.
. Functionality Phase
The Functionality Phase shall include a complete working skeleton of the city's web
site. Items such as navigational controls, menu selections, title pages, and graphic
work exclusive of that which is document specific will be in place. In order to
properly establish internal links and develop efficient navigation, it is important
that we are supplied with as many content documents as possible prior to starting
this phase.
At the Functionality Review, the overall working of the site will be demonstrated by
Dungeness Communications & Design. This phase of the design process will
represent at least 30 hours of effort by Dungeness Communications & Design.
Compensation for the Functionality Phase will be $750.
. Content Phase
The Content Phase is the portion of the process in which the individual documents
are "dropped into" the working skeleton. Once testing is complete, the full web site
will be uploaded to a specified location on the city's Internet server. Complete code
for the site will be delivered on diskette.
- 2 -
As discussed above in Item 2, the nature and quantity of the information to be
included remains somewhat unclear. However, we understand the city's need to pin
down an affordable budget for this web site. We are prepared to create a working
site based on a budget of one hour apiece for each of the 50 pages suggested in the
document titled "City Web Page: Department Suggestions," dated January 15, 1997
(with the addition of a page for the estuary). Basic interactive forms, opportunities
for e-mail, and internal links will be added where appropriate. This solution
assumes that we will be supplied with completed electronic copy of the individual
pages.
By this scheme, this phase of the design process will represent an additional 50
hours of effort and $1250 compensation. In the event that certain sections prove
unusable without major additional time and effort, we will bring these problems to
the attention of the city. At the city's discretion, additional funds can be allocated or
an alternate plan developed for the content in question.
This method of proceeding will assure the city a "complete" functioning web site.
Obviously, some of the pages and projects would be well served by more intensive efforts.
We look forward to working on those projects with the city and will guarantee our
discounted billing rate of $25 per hour for the duration of 1997. That rate is applicable to
any additional design work, as well as services not specifically delineated above, such as
site indexing and registering, training, and maintenance.
Thank you again for this opportunity. Please let us know if there are additional matters
which need to be addressed. We hope to hear from you soon.
Sincerely,
Peter Stuart
Hall Lovell
cc: Mike Breen
- 3 -
.
Exhibit C
.
Decision Request Form
Part 1 (Completed by CONSULTANT)
After reviewing the supplied content materials for the
web page, we have determined that this page
cannot be adequately constructed in the agreed professional manner in the
standard amount of allotted time.
We estimate that work on this page can be accomplished through the addition of
hours @ $25 per hour, for a total additional contract fee of
$
CONSULTANT
Date
Part 2 (Completed by the CITY)
Pursuant to the above request, you are hereby authorized and directed to:
Continue work on this page. An additional $
contract amount.
will be added to the
Eliminate this page from the Scope of Work. $25 will be deducted from
the contract amount.
CITY
Date