HomeMy WebLinkAbout432744 ROCKET JONES INTERACTIVE - CONTRACT - AGREEMENT MISC - LINCOLN CENTER WEBSITE REDESIGNSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Rocket Jones Interactive, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of one (1) page and
incorporated herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of
one (1) page, and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated on June 15, 2009. Services shall be completed no
later than October 31, 2009. Time is of the essence. Any extensions of the time limit set forth
above must be agreed upon in a writing signed by the parties.
4. Contract Period. This Agreement shall commence June 15, 2009, and shall continue
in full force and effect until October 31, 2009, unless sooner terminated as herein provided.
5. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
1
SA rev07/08
EXHIBIT C
FEE SCHEDULE
2 hour brainstru.n:,9n session. with Toolbox pr. cipals and Rocket Jones. Dur n� tha- meetng. we'll
rev ew 5 best -in -business web sites, ar d comment on site map provided by LC. LC team tiv,iI' be
given a creative brie- to complete and will establish goais for the project........ $750.00
Graphic design of home page and a sub -page for promotional and informational pages. Includes
creative direction for up to 10 content blacks and wiretrames for two template pages. Two design
proposals for a home page will be provided. Sub page design will be provided once a home page
des g,i is selected.*.................... ................... . .... .... $2,450,00 -
'It ;s assume Ifi3t :he ;die+^t h:11 alzct ere o' the proposed designs an I rat it cin h?! moditi A tit tou�h ov ,d ,it;nw^I rvir of rctiew
I,-adiq, to L e (irtal cesip p'u I ctwn. Ald!irona! s(IJr'ds If re,riew mayi.suit o F: uhat!u xtl:r and may :rrpaO the p,)1L- t o, tc ledale,
Slice two templates: One for Home Page, One that can be used for both Show-reiated Pages,
anc Information Pages ....................... ...................... $1,800.00
Styling for up to 10 content blocks for the SorItent Management System........ $1,500.00
Support hand-off of templates and content blocks to fort Collins City IT and
Lincoln Center staff ....................................... ... . ........ $0.00
TOTAL TO BUILD NEW WEB SITE WITH ALL LISTED FUNCTIONALITY ...... $6,500.00
'I'lir priuin irk this IIitI iygtt�Ir�ItltCC( for tIIree () tit oriths.
50"'" cio1.n pa.yInent is required to start the project.
Balance tiue on project coniplction (after client rey.iew. approval. anti payment.)
Signiticarn, ile vialij ari ftow this oulline Nvill lisp -core: idered trtttsirie tltc t)icl-
rev06/07
10
EXHIBIT D
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
rev06/07
11
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Rocket Jones Interactive
Attn: Purchasing
Attn: Susan Herlihy
Attn: Mr. Jeff Bristol
PO Box 580
PO Box 580
PO Box 2091
Fort Collins, CO 80522
Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
7. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of Six -Thousand -Five -
Hundred -Dollars ($6,500.00) per the attached Fee Schedule Exhibit "C", consisting of one (1) page,
and incorporated herein by this reference.
8. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning
this agreement shall be directed to the City Representative.
9. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
10. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
2
SA rev07/08
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
12. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
13. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
3
SA rev07/08
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
16. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with the performance of
any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit D, consisting of one (1)
page, attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
4
SA rev07/08
17. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
18. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the "e-Verify Program") or the Department
Program (the "Department Program"), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this
Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
5
SA rev07/08
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
20. Amendment 54. To the extent that this Agreement may constitute a "sole
source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation, Section 15
of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and
made a part hereof:
a. Section 15. Because of a presumption of impropriety between
contributions to any campaign and sole source government contracts, contract holders shall
contractually agree, for the duration of the contract and for two years thereafter, to cease
making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on
behalf of the contract holder or on behalf of his or her immediate family member and for the
benefit of any political party or for the benefit of any candidate for any elected office of the state
(of Colorado) or any of its political subdivisions.
SA rev07/08
ATTEST:
CORPORATE SECRETARY
CITY OF FORT COLLINS, COLORADO
a municipal corporation
B: ��" 4
Ja 'Neill II, CPPO, FNIGP
Dir for f Purchasing and Risk Management
Date: J;;� /I Cr 05
Rocket Jones Interactive
By:
PRINT NAME
CORPORATE PRESID T OR VICE PRESIDENT
Date:
(Corporate Seal)
SA rev07/08
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SEERVICES
liocket Jones� will provide Prole-ci Martaget-tientmid. Programming necessary to deliver
the redesigned web site. This includes
• attendance of Project Manager at meetings of the Project Teani
delivery ref web site [that trieeTsthf! Fart CollinsCiiy techilival Wei) site
requirernews] to Fort Collins City IT staff for implementation
• Rocket Jones will be available for consultingard questions for one nionths
after 1,;nne.h,
Toolbox Creativc will provide awraphic design that is compelling. ineo rporates a
0 _
navigation Char iseasy touse, and can besiipportedbythe CkIS.
DEVELO?1VIENT INFRASTRUCTURE
Deve] op rut-'ril tt-chtlicA specifivatiolls wr well "itt"
- Compatible with the following leading browsers:
IE6.o IIE-.ol IE8.o: FirefoxlSafari
IITML compliant to standards:
XHIA41,Transitional t.c i Casc -ad in
,, StyleSheets (CSS2.0
Development Soft -ware;
Current, stable releases - Linij-x I Apache 2.1 1 n'i ' ySQL5 I Pit?
A,isurnes site wilt be deployed on a server host that includes a L-AW development/
hosting environmeni (LAnux. Apache, mySQI...,,.-,.nd PHP)
rev06/07
8
EXHIBIT B
WORK SCHEDULE
PROPOSED SCHEDULE OF ACTIVITIES
It is understood that the project will begin once the matract has been awarded arid
signed. We have assumed i start date of June 1. '„Ouq for the p1,oje(.L
CRFATF
START June i. 2cog
Revickv and anaI.ysj.s of existing data Week i
Brainstorm with team— the big picture Week i
Develop technical/ercative brief Week -A,
Web site navigafinn development V`eekz
DESIGN
Web site graphic design NVeek -.z
BUILD
Build Lincoln Center web site templates
and sty Ie coment Iflocks %Xleeki
TOTAL IMPLEMENTATION TIME - 4 VIJEEKS
SUPPORT
Support after ta ti rich
rev06/07
9