HomeMy WebLinkAbout546058 DREAM WARRIOR GROUP INC - CONTRACT - AGREEMENT MISC - DREAM WARRIOR GROUP INCPROFESSIONAL SERVICES 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 Dream Warrior Group, Inc., hereinafter referred to as
"Professional".
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 Professional agrees to provide services in accordance with the
scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Professional shall be solely responsible for performance of all duties
hereunder.
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 "C",
consisting of one (1) page, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence December 5, 2014, and shall continue
in full force and effect until June 1, 2015, unless sooner terminated as herein provided.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City
may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. 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:
Professional: City: Copy to:
Dream Warrior Group
Attn: LaMae Weber, MBA, CEO
19725 Sherman Way, Suite 385
Winnetka, CA 91306
lamae@dreamwarrior.com
City of Fort Collins
Attn: Victoria Erickson
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination, subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
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5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to
designs, plans, reports, specifications, and drawings and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
The Professional shall indemnify, save and hold harmless the City, its officers and
employees in accordance with Colorado law, from all damages whatsoever claimed by
third parties against the City; and for the City's costs and reasonable attorney’s fees,
arising directly or indirectly out of the Professional's negligent performance of any of the
services furnished under this Agreement. The Professional shall maintain commercial
general liability insurance in the amount of $1,000,000 combined single limits and errors
and omissions insurance in the amount of $1,000,000, in accordance with Exhibit D,
consisting of one (1) page, attached hereto and incorporated herein.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of Eighteen
Thousand Five Hundred Dollars ($18,500.00) which includes any reimbursable direct
costs. All such fees and costs shall not exceed Eighteen Thousand Five Hundred Dollars
($18,500.00). Milestone partial payments based upon the Professional's billings and
itemized statements in accordance with Exhibit “B” Cost Schedule, consisting of two (2)
pages, attached hereto and incorporated herein, are permissible. Final payment shall be
made following acceptance of the work by the City. Upon final payment, all designs,
plans, reports, specifications, drawings, and other services rendered by the Professional
shall become the sole property of the City. Ongoing support, Search Engine Optimization,
and Hosting as outlined in Exhibit B at the rate of Seventeen Hundred Forty-Nine Dollars
($1,749.00) per month shall commence upon Final Payment and acceptance of the work
by the City.
7. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
8. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the
City Representative with a written report of the status of the work with respect to the
Scope of Services, Work Schedule, and other material information. Failure to provide any
required monthly report may, at the option of the City, suspend the processing of any
partial payment request.
9. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional’s compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
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purpose.
10. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Professional.
11. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the work. 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.
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.
14. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default 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.
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16. 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.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Professional 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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. Professional 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.
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f. If Professional 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, Professional shall be liable for actual and
consequential damages to the City arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing & Risk Management
DATE: ______________________________
DREAM WARRIOR GROUP, INC.
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
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12/4/2014
CEO
12/4/2014
EXHIBIT A
SCOPE OF SERVICES
PLATFORM: ARTdynamix TM XCDS (CMS)
Over the years, in response to the needs of our clients, Professional developed a proprietary
extended content and data management system called
ARTdynamixTM http://www.artdynamix.com. This XCDS provides the responsive, agile platform
our clients need to manage their growing and thriving business.
With the ARTdynamixTM system in place, Professional can deliver a website that is fully
manageable. From our innovative backend dashboard our clients can manage: content and
menus, search engine optimization (SEO), multiple domains (including micro-sites), multi-
templates, calendars, e-commerce and catalogs and much more. ARTdynamixTM has built-in
intuitive and specialized abilities to manage content, media and placement.
ARTdynamix is a Platform as a Service, where a onetime fee provides a lifetime license.
Professional will provide the site on our server and client will have lifetime license to use our
software and the associated backend but will not own our software. In case the City of Fort Collins
(City) chooses to change to another vendor, Professional will provide them with all the generated
PHP code and the client’s variety of content data to easily implement on another system. (The
site will be operational via PHP and a new site would not need to be developed). The City will not
have any rights to our software that generates the PHP code, or the administrative modules that
manage code generation, debugging, testing or code management process.
ARTdynamixTM was designed to readily integrate with third party software such as ticketing, social
media marketing and video streaming/players. The system is versatile and can readily adapt to
functions included in the initial set-up as well as the changing needs moving forward. Up to eight
hours of training is provided in the initial web development proposal.
Site Functionality and Interactive Components (Customized)
Functionality:
• Content pages (client provides content)
• Shortcuts (nice URLs)
• File Management (uploading – download capable)
• Performances & Events
• Ticketing Deep links
• Show collateral such as news events, audio, program notes, press releases
• Calendaring
• Promotional Placement
• Venues
• Gallery Exhibits
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• Patron Mail API integration
• Show and events specially optimized for Google events
• Images/Galleries
• Audio Content/Galleries
• Video Content/Galleries
• Press Releases/press page
• Home page promotional areas (designated by design)
• Landing pages – template driven as designated by design
• Facebook promotional pages
• Manage complementary events such as opening nights (pages, event, calendaring, linking
to main event)
• Widgets (for customized content that can appear on a page by click)
• Performance listing filterable and scrollable (genre)
• Art galleries
• Create show rooms based on artist, subject or date
• Promote individual artists, subject or show
• Site search
Information Architecture – User Interaction
The new Lincoln Center website will be designed with an approach focused on key visitors and
outcomes. The content will be organized so that current clients or high-valued potential clients will
be able to immediately find their information needed or convert to purchase/action.
Professional suggests that most events/activities be highlighted in a full width scroller so
prospects will immediately access relevant information. This will be flexible and fully editable by
the City.
The secondary pages will be designed for high impact. Each focus area (performances,
education, gallery, etc) will be able to tell their story in a complete manner and utilize as many
sub-pages, calendaring, multi-media and other functions as needed.
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The media section will consist of three or four columns, with text-based media (News, Press
release, Blog snippets, Twitter, Facebook) surrounding the visual elements (photos, videos,
presentation snippets [detailed during design]).
Use of added media and social media will produce a site with a very high internal linking number
which is preferred by Google and will provide opportunity for external linking. Professional notes
that information and creative design are driven by the City’s marketing plan and are an integral
part of the development process.
Site Design (Responsive Design for Mobile)
The site will be designed to respond to specific mediums:
• Tablets (pads) - the site will be a proportionally responsive design
• Smart phones -the front-end user will see a much content lighter version. The information
design will emphasize key content elements as determined by site architecture and design
Professional will develop responsive information architecture with a world-class look and feel.
Vital considerations in design development are the ease-desired activities, clicks to goal page,
‘cow path’ navigation and medium in use. To support a smooth transition, Professional will
provide:
• Propagation of content from existing site (population of new content as provided)
• Scheduled and ad hoc user training. Professional provides up to 6 hours of training as part
of our initial contract.
Creative Discussion
The website look and feel will be based upon the color palette and imagery developed after
consultation. The design will be simple and clean with only select colors, fonts and imagery.
Professional will provide two versions and explore the preferred version with three rounds of edits.
Professional will provide flow charts, diagrams or focus graphics as required. Six hours included
in initial development fee for this work.
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Social Media Integration
The ARTdynamixTM platform has elements on the frontend and backend to make Social Media
more productive. These features include:
• Icons to send visitors to designated sites
• Share features (allows users post designated content or BLOGS to their Social Media
accounts)
• Facebook promotional tools (develop a site matching page and post to Facebook)
• Feeds
Project Management
Solid and determined project management is essential to the development of a website that is
goal focused, visitor oriented and in-line with the brand.
Project management tasks to be shared by Professional and City include:
• Gathering of images, content, and direction
• Team coordination – the right person for the right task
• Project scheduling
• QA review and scope coordination at every checkpoint
• Regular SCRUM with team (impediment removal)
• Resource management – making sure the collateral is available and that requests flow
seamlessly from City to Professional’s development team
ADDED VALUE SUPPORT DETAIL (per additional monthly cost outlined in Exhibit B):
• Initial Site Optimization (standard Meta tags, image and density based or provided key
words, page headers) in coordination with copy provided.
• Search Engine Optimization (SEO) – monthly support includes reporting of placement,
word use/placement, competitor research, unpaid link-building and social bookmarking,
paid link recommendations as requested, site map, webmaster tools.
• Technical Assistance and ongoing training – Professional is a natural collaborator and
support system for its client partners. Professional is always available to answer
questions and offer advice. More formally, Professional will dedicate 4 hours per month
of technical assistance/intervention or programming. This task also includes 4 hours of
content support (graphic design not included).
• Analytics – at no charge, Professional will install Google Analytics on the site and send
simple weekly summary updates. Once per month, Professional will be available for a
phone review of results, recommendations and questions.
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EXHIBIT B
COST SCHEDULE
Website with custom design and CMS: $18,500
First Payment – Start of the project – upon execution $ 5,000
2nd Payment – 1st milestone $ 4,000
3rd Payment – 2nd milestone $ 3,000
4th Payment – 3rd milestone $ 3,000
5th Payment – 4th milestone $ 2,000
Final Payment – Soft Launch of the site $ 1,500
Total Implementation Fee (one-time): $18,500
ADDED VALUE SUPPORT DETAIL:
Search Engine Optimization/Support, to include the following:
Technical Support (4 Hours Monthly / Ongoing)
Content Support (4 Hours Monthly / Ongoing)
Hosting ($49/month)* standard plan w/daily backups
Search Engine Marketing (not including direct advertising costs)
Social Media Maintenance
Total, Ongoing support package/SEO/Hosting: $1,749/month
x 12 months
_______________
$20,988/year
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(other package options available)
Additional Third Party Service Recommendations (approximations):
Optional Monthly Payments for Associated Software (to be determined as may be needed):
Kaltura Video Management/Sharing/Playlists $ 99.00/mo.
ISSUU $ 20.00/mo.
Formstack $ 20.00/mo.
Mobile Wrapper $ 60.00/mo.
Google Mobile Promo Wrapper $ 50.00/mo.
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EXHIBIT C
PROJECT SCHEDULE TIMELINE
Estimated time to launch 12 – 14 weeks (upon execution of Professional Services
Agreement):
Weeks 1 - 3:
• Project Planning
• Hosting Arrangements Technical XCDS install begins
• Information architecture design of initial site (as requested and indicated by
Marketing Director)
• Creative Work begins – discussions scheduled, development and design approvals
• 1st milestone
Weeks 4 - 6
• Template creation from approved design
• Technical customization continues
• 2nd milestone
Week 7
• Content Deployment
• 3rd milestone
Week 8
• Alpha Review/Initial QA
• Application of Edits
Week 9
• Beta Review
• 4th milestone
Week 10
• Application of edits
• Final QA
• Training
Week 11 - 14
• Contingencies
• Soft Launch/Launch
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EXHIBIT D
INSURANCE REQUIREMENTS
1. The Professional 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 Professional 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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 Professional, 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 Professional under this Agreement. The
City, its officers, agents and employees shall be named as additional insureds on the
Professional 's general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. 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 Professional 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional 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.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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