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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~ / ~~ 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. ~g~~.~~ OrganIZatiOn ~~ Authorized Signature (e /~a)~/ Date \ 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 ~q~ 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