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Home My WebLink About2013/11/05 Item 22 ��r�� CITY COUNCIL - �- � AGENDA STATEMENT -�� , ��1li ,�� CITYOF CHULA VISfA Item No.: 22 A7eeting Date: 11/5/13 ITEM TITLE: �SOLUTION OF THE CITY COUi�'CIL OF THE CITY OF CHULA VISTA 1) ACCEPTI?�'G BIDS; A�V.ARDI\'G A CONTRACT FOR DEVELOPII�G A GOVERI�'MENT WEBSITE REDESIGN AND DEPLOYIi�'G A " I�'E\'�' CONTENT M.ANAGEMENT SYSTEM (RFP P07-12/li) TO VISIO\' INTERI�'ET PROVIDERS, INC.. IN THE AMOUI�T OF �89.2�1.98. 2) AUTHORIZI?�G THE CITY n4.ANAGER TO A?�4END THE CONTRACT TO EXPE\'D UP TO 5100.000 IN PUBLIC. EDUCATIO\AL, AND GOVERI�'ME\'TAL (PEG) FUI�'DS FOR THE W�BSITE REDESIGN, AND 3) AUTHORIZTiVG THE APPROPRI.ATIOI�' OF �41�.000 AI�'D A TRANSFER OF $50.000 II`' THE PEG FUI�rD SUBA4ITTED BY: DEPUTY CITY Mr�.jk'.AGER/DIRECTOR OF I�'FORn4AT10\ TECHI`'OLOGY ,� MARKETI�'G AI�iD CO?�4MUI�ICr1TIONS MANAGE� REVIEWED BY: CITY MANAGER 4/�THS VOTE: Xl'ES NO SU17nLaRl' The Cit�� of Chula Vista`s ��ebsite was created more than 11 ti�ears aeo using older ��eb technoloey and no longer sen�es the growing needs of our constituents. The Citv of Chula \'ista issued a Request for Proposal (RFP) seeking professional consultant sen�ices to develop a ne�v Citv govemment information �rebsite. The Citv of Chula Vista is committed to building a neN� ��ebsite that takes full advantaee of the ]atest H�eb-based technoloey �i�ith a design emphasis on the eovemment information and sen�ices the cih� provides to its citizens. The ne�� site also ��II 22-1 Date, Item No.: '2-Z� Meeting Date: ll-5-13 Page 2 of 7 con��ev the city brand through its visual design. Funding for this project will come from the PEG access fee provided to the City as a result of the franchise agreements with Coa Cable and AT&T. PEG funds can be used for the capita] purchase of software and services that promote the publication of govemment information. In addition, staff recommends appropriating additional PEG funds to expand public access to government information and services such as City Council meeting ��ebcasts; City Council agendas and meeting information, services, and bill pay. Authorization of PEG funds at this time will allow stafF to implement these projects as bids are received. � ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance ��ith the California Environmental Quality Act (CEQA) and has determined that the aclivity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION Website Redesian The City of Chula Vista is committed to developing a govemment information website � accessible to al] residents, businesses and visitors of � Chula Vista. The redesigned N�ryv.chulavistaca.sov ti-ebsite �vill provide access to easy-to-find government information on services, programs and events provided by the City. The website is a two-way channel of communication that helps the citizens and the City of Chula Vista stay informed and involved. The City provides an array of services including police, fire protection, animal care, sewer and storm water collectioo, street construction and maintenance, library services, and parks and recreational facilities. The new ��ebsite will be designed with our citizens in mind to provide quick and easy access to city services, infonnation, City Council meetings, Board and Commission meetings, a�endas and minutes, public notices, public input opportunities, facility rental information, reporting of non-emergency issues, and other information. This government information should be conve��ed ��ithout the need to know tl�e city's organizational structure or what city department or division actually provides each service. In the last year, the City's �i�ebsite had more than 750,000 unique visitors. Around 30 percent of our visitors utilize a mobile de��ice. The number of visitors using mobile devices has increased 67 percent from last year. Our current website was developed to be viewed exclusively in Intemet E�plorer (IE); the most widely-utilized browser at that time. Now only 39 percent of visitors use IE; Safari follows close behind at 26 percent. Some of the technologies used on our website are not supported by modern bro��sers and mobile devices. 22-2 Date, Item No.: 22 Dleeting Date: 11-5-13 Page 3 of 7 The eoals of the ��ebsite redesien are • To allow programs and services to be offered in a more dynamic, interactive ��a��, increasine citizen panicipation; • To increase convenience and speed in obtainine government information and services • To reduce costs in pro�iding programs and information about eovemment ser��ices • To provide a unique, effective and engaeine portal experience for users as thev learn about or access information on City proerams and services. To provide a ��ebsite that makes online government services easily a��ailable to remote and mobile users. • To provide a��ebsite that fully meets accessibility standards. • To provide a ��ebsite that has an easy-to-use interface for staff to input and update information. Request for Proposals Process To undenal:e the ��ebsite design and C�4S de��elopment ��ork; the Cit�� issued a Request for Proposals open to local, national and intemational companies. An inten�iew panel (Pane]) consistin� of Ciri� staff revie�ved nine proposals that ��ere submitted; the top four candidates were inten�ie�ved. �'�'hile all four firms ��ere qualified to perform the H�ork, the Panel and staff recommended Vision Internet Providers. Inc. Vision Intemet Pro��iders ��as developed and founded in 199� by Ste��e Chapin. It �+�as the first company to focus on de��elopine online tools specificallv for eovemment aeencies. Vision Internet creates custom desiens for every project; citv or county. To date, Vision Internet has created more than �00 government websites—from small towms of 900 to laree capitai cities like Atlanta. The firm has earned its clients more than 200 industrv awazds. The visionCMS includes mam� easy-to-use tools that give users the freedom to c.onfigure and manage the �vebsite on their own. Paees are easil� created with the Drag and Drop Template Builder. Vision Intemet clients are supported b}� a dedicated team of account manaeers �i-ho are a��ailable Mondav — Friday from 6 a.m. —6 p.m. Emergencv support is available 24/7. Follo��ine are key elements/features Vision Intemet is deliverine as part of the website redesien: Nm;igation The navigation system will have the abilit�- for �vebsite users to quickly view, locate and na��igate eovemment information. Interactive Components The ��ebsite will incorporate new and existine interactive components including Calendaz; On- line A4aps — usine City's Geographic Information Systems (GIS) mappine data; On-line Resources — Libran� databases and cataloes; Reservation applications — includine Park Resen ations, Passpon Applications, Li��eScan and other applications; and public input features. 22-3 Date, Item No.: 22 Meeting Date: 11-5-13 Page 4 of 7 Comnaunity Oun�eacl�, Media and Social Neh��orking Website features will include integrated features for access to social media for government information including: an online newsroom; E-notifications and subscription-based ne�vsletters: embedded audio and video; integrated social media tools (Twitter, Facebook, etc.); ability for users to sign up to receive RSS feeds; and ability to establish a public comment function. Content Ma�aagenae»t System (CMS) The CMS will be easy to use allowing for staff to easily manage content on web pages and update, delete and create new pages based on predefined templates and insert pages into the website's na��igation. The CMS will be a browser based solution, elimi�ating the installation and licenses issues related to the old CD�S. The ��isionCMS is designed to be an iutegral part of the City's information infrastructure. It will streamline citizen access to local government information, increase transparency, and provide real-time inTormation. In�egr•ation with Third-Purry Siles and Services The website will incorporate third-party tools and databases including: Granicus — video sYreaming service for City Counci] meetings; newsletter services that allows departments to send notices to subscribers; Encore– library service that allows the searching of the catalog: and other tools and databases. Feutures and Services • Ability to create online forms and surveys. • Gallery for photos of city ]ocations, events and programs for website users to view • Ability to translate government information on website into different languages • Quality user experience with improved page loading speed. • Utilizing responsive design to be functional with all major mobile devices including tablets and smart phones • Abiliry to create content and schedule it to be published at a later time. • Comply with ADA Section �08 and W3C standards • Ability to create comprehensive reports that analyze website traffic. Search engine optimizutio�a (SEO) The site will utilize search engine optimization to allow the highest possible ranking of individual pages within the site by all major search providers, including but not limited to Google, Bing, and Yahoo! Addrtional features Staff will consider amending the contract up to $100,000 to include other potential Ceatures • Development of specialized applications • Additional conte�t migration • Setup and design for grant related sites 22-4 Date, Item No.: 22 A7eeting Date: 11-5-]3 Page 5 of 7 Public. Educational. and Govemmental (PEG) Fundine Fundine for the ��ebsite project �aill come from the PEG access fee pro��ided to the Cit�� as a result of the franchise aereements with Cox Cable and AT&T. PEG funds can be used for the capita] purchase of soft�vare and sen�ices that promote the publication of eovemment information. PEG funds have traditionalh� been spent on public access cable proerammine in other cities. Ho�ve��er, there is increasine use of the funds by local govemments to provide citizens with access to "other electronic information° about the services they provide and issues they face, providine information to citizens of an educational nature. and providing public meeting coveraee. Under the terms of federal and state oversieht of cable tele��ision franchises; funding for public access to the cable net��ork is available�for specific purposes includine installation of infrastructure supportive of Public, Education and Govemment access. This infrastructure can indude development of a �vebsite that provides access to eovernmental sen�ices: public meetine broadcasts; public information, and opportunities for public im�olvement. In addition, PEG funding can suppon soft�vare and equipment that expands public access to eo��ernment and education resources. New PEG Funding Request Staff also proposes the appropriation of $41�.000 in PEG funds to support upgradin2 the net��ork cabline infrastructure of the Civic Center and South Chula Vista libraries, purchasing Chromebooks for public check-out from libraries, development of informational/educational videos; and installation of kiosks at 1� locations throughout Cin� induding libraries, recreation centers, and Cit}� Hall. Kiosks ��ould provide public access to eo��emment information and services such as City �i�ebsite, City Council agendas and meeting information; sen�ices, and bill pay. .Authorization of PEG funds at this time �aill allo�<< staff to implement these projects as bids are received. The following tables outlines PEG projects unden��ay and additional projects planned for FY 2014. These capital purchases �vill improve public access to eovemment sen ices, information, and other resources. , � . � � , ', �� , . , .- � , � -� � � � � _ �� . • � : .,� � � �� f. ��y N 3 .♦ � �` �pyn " �� 1 I 1 1 1 . 1 P - EnT 1 Upgrade Police Department Communitv Room equipment to Oct. 20li sy�28,637 improve public access to community meetings and other I I sovemment information and resources Uperade Council Chambers equipment to improve public access Nov. 2013 �378,998 [o Cit�� Council meetines and other aovemment information and resources Ci��ic Center Library Computer Lab upgrade I Dec. 2013 S16,362 City Hall ��'iFi uperade I Dec. 2013 �3,�78 Ne�v eovemment information ��ebsite and Content \4anagement Spring 2014 S��stem �7�.000 TOTAL I I 5�02,�7� 22-5 I Date, Item No.: ZZ MecYing Date: ]1-5-13 Page 6 of 7 � , .a. . ,,� , � . . _.;r � �i � i�� . � ' � � i� , i '�� t i . � � .,� � • � � � ��.,i � i � i Ydj�l� �r�'y ��I �N• ti"Y.�� SYs �New government information website and Content Management Spring 2014 $2�,000 System—to total $100;000 for this project Purchase new Chromebooks for libraries to improve public Dea 2013 $20,000 access to govemment information, resources and services Upgrade network infrastructure of Civic and South libraries to Spring 2014 $�5,000 improve public access to govemment information, resources a�d services Interactive kiosks to be installed at 15 locations throughout ciYy Purchase �250,000 inc]uding libraries, recreation centers, and City Hall to improve Spring 2014 public access to govemment information, resources and services Upgrade Civic Center auditorium equipment to improve public Purchase $40,000 access to City Council, community meetings and other June 2014 govemment information and resources Develop multi-media informationa] and edueational training Spring 2014 $25,000 video(s) that promote public access to government information, resources and services. TOTAL $415,000 Neat Steqs Following approval by the City Council, staff�vill begin working with Vision Internet Providers, Inc. to start the six-month process to redesign the website. The,goal is to launch the new site by May 2013. With authorization for additional appropriations of PEG funds, staff will continue to advance other PEG projects oullined in this agenda statement to improve public access to govemment sen�ices, information and technology resources. DECISION-MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in CaliPornia Code of Regulations Section 18704.2(a)(I) is not applicable to this decision. Staff is not independently aware, nor has Staff been informed by any City Councilmember, oP any otlier fact ihat may eonstitute a basis for a decision-maker conflict of interest in this matter. 22-6 Date, Item 10.: ?Z .117eeting Date: 11-5-13 Page 7 of 7 CURRENT YEAR FISCAL In4PACT Staff is requesting an appropriation of S�1�,000 for planned technoloe�� projects in fiscal ��eaz 20li-14. These projects ��ill be funded through a��ailable PEG funds. Staff is also requestin� the transfer of 5�0,000 from the Other Expense category to the Capital expense category for the projects detailed abo��e. Appro��al of this resolution will result in the foilowine budeet chanees: Fund/Cateeory Supplies and Other Expense Capital Expense Total Sen�ices PEG �160,000 (S�0,000) �305,000 ��}1�;000 ONGOI\'G FISCAL I�4PACT The ��ebsite will be supported by Information Technology and Communications staff. An annual allocation ma�� be needed for �ti�eb hosting or other ongoins services. Staff ��ill include those costs in subsequent budgets. � ATTaCHA'IENTS T��o-Partv Aereement 22-7 COLINCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIS1'A 1) ACCEPTING BIDS, AWARDING A CONTRACT FOR DEVELOPING A GOVERNMENT WEBSITE REDESIGN AND DEPLOYING A NEW CONTENT MANAGEMENT SYSTEM (RFP P07-12/13) TO VISION ]NTERNET PROVIDERS, INC., IN THE AMOUNT OF $89,251.98, 2) AUTHOR]ZTI�'G THE CITY MAI�iAGER TO AMEND THE CONTRACT TO EXPEND UP TO $100,000 IN PUBLIC, EDUCATIONAL, AND GOVERNMENI'AL (PEG) FUI�'DS FOR THE WEBSITE REDESIGN, AND 3) AUTHORIZING THE APPROPRIATION OF $415,000 AND A TRANSFER OF $50,000 IN THE PEG FLTND WH�REAS, the last update to the City website was in 2002; and WHEREAS, the City endeavors to provide a streamlined, modern, branded, comprehensive government information website with intuitive navigation; and WHEREAS, the govemment inforn�ation website should provide a unique and engaging portal eaperience for users as they learn about or access information on City programs and services; and WHEREAS, the website should make online services easily available to remote and mobile users; and WHEREAS, the City should provide a government infonnation website that fully meets accessibility standards; and WHEREAS; the website sl�ould be an effective marketing tool for City programs and services; and � WHEREAS, the website should include an easy-to-use interface for staff to input and update information; and WHEREAS, the City seeks to retain a consultanY to develop a new city website using a ��eb-based content management system and provide improved information architecture based on city commm�icaYion and service objectives; and WHEREAS, in D4ay of 20li, the Cit}� of Chula Vista issued a Request for Proposals seeking a consultant to redesign the CiYy's website; and WHEREAS, the Request for Proposals Review Panel review�ed the qualifications of the 9 respondents and interviewed the top 4 finns; and J:�,qttorney\FINAL RESOS AND ORDINANCGS�2013\1 I OS 13V2ES0-ADMIN-N�BBS1TE.doc _ 10/31l201312:17PM 22_8 Resolution\o. Pa�e 2 �VI�REAS; based upon the revie�� of the qualifications and consultant inten�ie��s the Request for Proposals Re��iew Panel recommends that Vision Intemet Providers; Inc., be selected to redesian the Ciri�'s ��ebsite: and \VHEREAS, the Ciri� seeks to select Vision Intemet Providers; Inc.. (Consultant) to perform the ��-ork contemplated by the scope of urork attached to the subject agreemenr, and �b'HEREAS; Consultant �varrants and represents that it is experienced and staffed in a manner such that it can deliver the senices required of Consultant to the Cirv in accordance ��°ith the time frames and the terms and conditions of the subject Agreement. \O«'; THEREFORE BE IT RESOLVED, the City Council of the Cirv of Chula Vista does hereby 1) approve an aareement �i�ith Vision Intemet Providers, Inc., in the form presented, with such minor modifications as ma}� be required or approved by the City Attomev. indudins authorization to the Citv Manager to amend the contract to e�pend up to �100.000 in PEG funds to develop a government ��ebsite and deplo�ing a new content manaeement svstem; and Z) authorize the Citv �4ana�er to e�ecute the subject Agreement and related documents copies of which shall be kept on file with the Cit�� Clerk. BE IT FURTHER RESOLVED. the Cin� Council of the Citv of Chula Vista does hereb� approve the follo«ina actions relative to the Cin�`s PEG fund: • The transfer of��0;000 from the Other Expenses cateeorv of the Public Educational and Govemment (PEG) Fee Fund to the Supplies and Services cateQory, and • An appropriation of S110,000 to the Supplies and Sen�ices Category and 530�;000 to the Capital Expense Cateoory of the PEG Fund from said fund`s available reserves Presented by Approved as to form by Keller Bacon len R. oQins Depun� City D�anaeer/Director of Ci . e�� Information Technolos�� 1:�Anomev�FI�'AL RESOS.4\D ORDIN.A�'CES�2013U I OS 13UtES0-AD�4I�-��'EBSITE.doc 10/31l2013 1?:17 PM 22-9 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL � G n R. Googi � ity Attoi7�ey Dated: � � I 3 � I � AGREEMENT BETWEEN THE CITY OF CHiJLA VISTA AND VISION INTERNET PROVIDERS, INC. TO REDESIGN THE CITY'S WEBSITE 22-10 �lt01lO� bC�VYCCp City of C6ala Vista aod Visioo Ieteraet Providen,lne., To Redesign t6e City's Webslte This a�nent (Agreemrnt), effective November 12, 2013, is betwea� the City-rclatod entity whose name snd business fam is indicatod on Ezhibit A, Puagraph 2, (CitY1. and the entity whose name, businesc fam, place of business and telephone numbers are indicstod on Exhibit A, Pamgraphs 4 thmugh 6, (Consultant� and is made with ref'erence to the following faas: RECITALS WHEREAS, City sta(f prcpand aod sent out a Reqaest tor Proposah (RFP) on May 24, 2013 for consalting urvlca to design and develop a new website for the City and implcmeoting a eontent mantgement syatem for the support of sac6 webaitq aod reedved nine reaponses on June 13,2013; and WHEREAS, a Ciry sekctlon commlttee rcviewed t6e proposals aod �eleeted foar Brms to interview on July, 12 and July 15,2013; and WHEREAS, the Clty selcctioe committee ideeted Vision Internet Providers, Ine. u the eonsultaot; and WHEREAS, Coosultant warrants and represents that it is ezpexicnccd and staffod in a manner such that it can deliva the services required of Consultant to City in acaordance with Ihe time fnmes and the tams and conditions of this Agreanent. [End of Recitals. Next Page Stirts Obligatory Provisioo�� Page 1 rw Awp,Ip.sa.r ra.ra rYr ay n/[lw.rtr.r �nk,b�dr an;r.8'r. L�YV O�btLysVwp�(L►Vw(CSyal�CACa�diWNAL'(Y V��(1�oQCA-OsNk�sw i7WJee - �- . OBLIGATORY PROVISiONS PAGFS NOW,THEREFORE, fa valuable considaation the City and Consultant do haeby mutually agee ae follows: All of the Rxitals above arc 'uworporated into this Ageement by this refa�ence. ARTICLE 1. CONSULTANT'S OB[,IGATIONS A. Ceeenl 1. Gd�eral Duties. Conwdtant shell pafortn all of tAe services describod on Ezhibit A, Paragraph 7(Generel Duties). 2. Scope of Woric and Schedule. In perfortning ard delivering the General Duties, Consultant shall also perfortn the aervioes, and deliva to City the °Deliverables" described in Exhibit A, Paragraph 8, entitlod "Scope of Wor1c and Schadule," acoording to. and within the time frames set forth in Ezhibit A, Paragraph 8, time being of the essence of this agroeme,at. 71�e Gaid�al Duties and the work and Deliverables required in the Scope of Woric and $chedule shall be referred to ss the"Defintd Services." Failure to wmplete the Defined Services by the timcs indicated does not, except et the option of the City, tem�inate this Agreement. a Reductions in Scope oj Wwk. City may inde�e,ndently, or �on request from Consultant, from time to time, reduce the pefined Services to be pafortned by the Consultant under this Agrec�nent. Upon doing so, City and Consultant agee to meet �o good fsith and confer for the purpose of negotiating a conrsponding reduction in the oompencation associated with tl�e raduction. b. Additiona! Services. In addition to perfortning the Definod Savices, City may require Consultant W perfortn additional consulting savices related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services oPFered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C). unless e separate fixed fee is othawise agreed upon. AII compensation for Additioeal Savices shsll be paid monthly as billed. 3. Standard of Care. The Conaultant expressly warrants that the woric to be perfortned pursuant to this Agrcemeny whether pefinod Services or Additional Services, shall be performed in acoordance with the standard of care ordinerily exucised by membas of the profession currently practicing under similar caditions and in similar locations. a. No Wai�rr ojStandard ojCam. Where approval by City is required, it is understood to be conceptual approvsl only and doe.s not relieve the Consultant of responsibility for complying with all laws. oodet, induatry standards, and liability for damages caus�d 6y ncgligent acts, etrors, omissions, nonoompliance with industry standards, or the willful misconduct of the Coosultant or its submntracWrs. r.�.11uq,1�rre�nr�erst.a►r Oy ycaw.Nr.�.r .r�ir cu.;wth4r P�2 T�V''r ppp�nSyy�(yy V�y Kyy�fAfarada�qVA1,YyY ViII�(Syd�CA-4�e4�e�►71AL4 B. Applkation of Laws. Should a federal or state law pre-empt a local Iaw, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Ageement roquires the Consultant to obsave or enforce compliance wifh �Y P�'o��, P�+'fom+ �ny otha act, or do any other thing in contrevention of federal, stste, tertitorial, or bcal law, regulation, a ordinance. If oompliance with any provision of this Ageement violata or would roquire the Consultant to violate any law, the Consultant agrees to ratify City immadiately in writing. Should this occur, the City end the Consultant agree that they will make appropriate arrangements to procoed with or, if neccs.cary, amend or taminate this Ageanent,or portion4 of it, acpoditiously. I. Subcontractors. Consultant agrecs to take appropriate measures necessary lo ensure thal sll participants utilized by the Consultant to complete its obligations undex this Agrocma►t, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether fedetal, stete, or local, affaxing Project implemenlation. in addition, if a subcontractor is expected to fulfill any responsibilities of thc Consultant under this A�nent, the Consultant shall auure that the suboontractor carries out the Concultant's responsibilities as set fotth in this Agreemart. C. Insurancc 1. eneral. Conwltant must procure and maintain, during the paiod of pe,rfonnance of this Agraement, and for twelve months after oompletion, policies of insuru�ce from insurance oompanies to prWect against claims for injuri� to persa►s or damages to propertY that may arise from or in connection with the perfortnance of the work under this Agrcement and the resulu of that work by the Consultant, his agents, t�eprexencatives, emp]oyces or subcontractas, and provide documrntation of same prior to oommencexna�t of work. 2• Min�n+um Srn�e of Insurance Coverage must be at least as broad as: a. CGL. IctWUanoe Services Office Commercial Gene�al Liability covaage(occurrence Fortn(.'G0001). b. Aufa. Insurence Services Of6ce Focm Number CA 0001 covaing Automobik Liability,Code 1 (any auto). c. WC. Wodcers' Compensation i�aunnce as required by the State of Califomia and Employer's Liability Insurancc. d. E&O. Professional Liability or Ertors dc Omissions liability insunnce appcopriate to the Coneultant's profession. Arrhitocts' and Fsginee�s' covaage is to be endocsod to include contrach�al lisbility. 3. Minimum Limits of Ins�uance. Convultant must maintain limits no less tF�m those included in the table below: Page 3 tw ArV M�wl tw«s r4 Qry y[7Y�4 wrW Y41�Mr+�n Piwi�rn.s�r.b ddrtie�ir Cm i 1/rhi�r t�.v.e o�rsde.vqmrryr v:e rcb.M1 cN[bm�rw+ALrrr r..K'bd�cA.oerekryer�nuuos i. General Liability. S I.000.000 per occurreoce for bodily injury, personal injury, (Including (including death),and PropertY damaga If Commercial Genenl oPerations, Liability insurance with a general aggregate limil is u,roed,eitha Products and the grnaal aggregate limit must apply se�aratdy to this comPlaed ProjecNocation or the general aggregate limit must be twioe the oPerations, as required occutrencx limit. licable) ti. Automobile 51,000,000 per soc,tident for bodily injury, including dath, and Liability: propertY damage. ��• Wo*�' Statutory Compensation SI,000,000�accident Employer's 51,000,000 diseace-policy limit Liabili . S 1,000,000 disease-each em !o iv. Professional 51.000,000 each oocurrer�ce Liability or FJrors &Omissions Liabili . 4. Deductibles end Self-Insured Retentioas. Any deductibles or self-insured retentions mwt be declarod to snd approved by the City. At the option of dx City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they patain to the City, its officers,officials, employees and voluntoas; or the Consullant will provide a financial guarantee satisfactory to the City guaranteeing payment of losscs and rel�od investigations, clsim adminishation, and defense expenses. 5. Otha Intura�x:e Provisions. The general liability, autonabile liability, and where appropriate, the worka's oompensation policies are to oontaiq or be endorsed to oontain, the following provisions: a Additional Insureds. City of Chula Vista, its officers, offidals, employoes, agrnts, and vol�mteas are to be nemed as additional insurods with respoct to all policies of insurance, including those with respect to liability arising out of automobiles owned, leasod, hired or bortowed by or on behalf of the Consultant, where applicable, and, with respect to lisbility arising out of woric or operation4 performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in oonnection with such worlc or operatior�s. The genexal Iiability additional insurcd coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85)or its oquivalent. Spacifically, lhe a�dorsemmt must not exdude Products/Completed Operations coverage. b. Primary Insurance. "Ihe Consultant's General Liabiliry insurance wverage must be primary insurance as it pertains to the City, its officees, officials, employoes, agents, and voluntcers. Any insuru�ce or sdf-insunnce maintainod by the City, its otficas, of�'iciels, anployees, or voluntcers is wholly separate from tl�e ingtuance of the Page 4 r..tia M�ew�re..Y.ay ytadr n...r luion r.,�er Piwiisa.Ir.r Ro�ds ir cw.;rd.ilr L+VeOarrryyylAa�ryyyy�K-jy�,CAfaearFV/AL[I�YYIr�('YyMfA-DeM�e�fllA�� Consultant and in no way relieves the Consultant from its responsibility to provide iosurance. c. Cance!lation. The insuranc;e policies reyuired by this A�ient shal) not be canceled by eitha party, except after thirty days' prior written ratice to the City by certifiad mail, retum receipt requested. The words "will endeavor" and "but failure to mail a�ch notice shall impose ra obligation or liability of any kind upon the mmpany, i1s agents,or repre.sentatives" shall be delded from all certificstes. d. Acti�+e Negllgence. Covaage shall not extend to any indemnity coverage for the active negligrnce of lhe additional insureds in any case where en agrcemen� to indetnnify the additional insurod would be invalid under Subdivision (b) of Sedian 2782 of the Civil Code. e. Waiver ojSubrogatron. Consultant's inwu�a will �ovide a Waiver of Subrogation in favor of the City for ach required policy providing covmge for the term requirod by this Agoanrnt. 6. Claims Fortos. If Ger�eral Lisbility, Pollution anNor Asbestos Pollution Liability end/or Erras&Omissirn�s oovaage are wrinen on a claims-made form: a. Retro Dhte. The "Rdto Date" must be shown, and must be before the date of the Agaerneot or the beginning of the work raquirad 6y fhe Agreement. b. Maintenance and Evidence. Insurance musl be maintained and evidence of insurance must be provided for st least five years after completion of the woric raquiced by the Agreement. c. Canc�elloUon. If coverage is cancelod or non-renewed, and not replaood with snother claims-made policy form with a °Retro Date" prior to the et1'axive date of the Agree�nent, the Consultant must purchase "extendad reporting" covaage for a minimum of five years after completion of the work required by the A�ient. d. Copies. A oopy of thc claims reporting requirana�ts must be submittad to the City for review. 7. Aoceptabiliry of Insurers. Insurance is to be placed with licensad insuras admittod to transad business in the Stale of Califomia with a current A.M. Best's rating of rro less than A V. [f insurance is placed with a swplus Iines insurer, insurer must be listod on the State of Califomia List of Eligible Staplus Lines Insurers (LESLI) with a current A.M. Best's rating of ra less than A X. Exception may be made for the State Compensation Fund when not specifically roted. S. Vmfication of Coveragg. Consultant shall fumish the City with original certificates and amendatory endorsements effeaing coverage required by Section LC. of lhis Agreanent. "I}�e endorsanenu should be on insurance indushy fomu, ptovided those a�dorsanents Page 5 r..�M'�*��e..s.►r Clry ye�w.17r..r vrf�ier..er norYns.r.r.r Ra�erle.ir ar:wehrr� 7.:Yem Ower�yl�sy�r(yr VOl�9'dl.CA�['aaq�V}1ALrY Yw�(Yr aQCA-O��sr fMAl.�e or policies conform to the requirements of this Agroement. All ccrtificates and endorsanents are to be rcoeived and ap�moved by the City before work commuaes. The City resmes the right to require, at any time, oomplete, certificd oopies of all roquired insunnce policies, i�luding endorsema�ts evidencing the coverage roquired by these spa.tifications. 9. Subcontractors. Consultant must include all subconsultants aa insureds under its policies or fumish separate certificates and endorsements for each suboonsultant. All ooverage for subconsultants is subject to ell of the requiranents included in these specificatiais. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be constnied to limit the Consaltant's obligations under this Agramrnt, including lndannity. D. Seearity for Performance �• Perf'onnance Bond. In the event that Exhibit A, at Paragaph I8, indicates the noed for Consultant to provide a Performance Bond (indicatod by a check marlc in the parentheticsl space immediately procoding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by sudi s�ueties which are autlarirxd to transad such business in dx State of Califomia, listed as approved by the United States Depactment of Treasury Circular 570, http:l/www.fins.treus.eov/c570, ar►d whose underwriting limitation is sufficienl to iswu bonds in the amount required by the Agreement, and which also satisfy the requirements staled in Section 995.660 of the Code of Civil Procadure, ezcept as provided othenvise by laws or regulations. AII bonds signed by an agent must be aceompanied by a certified oopy of such ageot's authority to act. 5urety companies must be duly licensed or auUwrized in the jurisdiction in which the Projecx is located to issue bonds fw the limits so roquired. Fortn must 6e satisfactory to the Risk Managa or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the nead for Consultant lo provide a Letter of Credit (indicated by a check mark in the parenthelical space immediately preceding the subparagaph entitled "Letter of Crodit"), then Consultsnt shall provide to the Ciry an imevocable letta of crodit callable by the Ciry st its unfetlaed discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the te�ms of this Agce�nenL The letta of credit shall be issued by a bank, and be in a fortn and amount satisfadory to the Risk Manager or City Attomcy which amount is indicated in the space adjaoent to the term, "Letter of Credit," in Exhibit A, Psragraph 18. 3. Other Securitv. In the evrnt that Exhibit A, at Paragaph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Ldta of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled °Otha Security"), then Consultant shall provide to the City such Page 6 r..Ard A�ren�nv>w.av�s ay.Jali.Nr..r vhN.lYerwrr rfo�,Yr.:er.r Rerrde.rr cw 1 wrM6r Z�VO Du�n�ylor�ptyy+yr�(yA.�,CA'['a�pN7NAU[1i Vir Kyy dl CA-d�r fII/ALic otha security U�erein listad in a form and amount satisfactory W d�e Rislc Managa or City Attomey. E. Bnsiaas l3eense. Concultant agrees to obtain a buciness licatse from the City and to othecwise canply with TiHe 5 of the Chula Vista Municipal Code. ARTICLE 11. CITY OBLIGATIONS A. Consnitatba aod CoopenHoo. City shall regulady consult the Consultant for the purpose of reviewing the progress of the Defined Savices and Schedule, and to pmvide direction and guidancc to achieve the objedives of this A�nent. The City shall allow Consultant accass ►o its office facilities, files and records, ac deecned necu,cary and apprnpriate by the Ciry, throughout the term of this Agnement. In addition, City agreES to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days afla autt�orization to proceed, slwll constitute a basis for the justifiable delay in the ConwlhnYs performance. B. Compena�tion. I. FollowinQ Rooeid of Billi e Upon receipt of a properly preparod bill from Consultant, submitted to the City as indicated in Ezhibit A, Paragaph 17, but in no event rtwre frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall oompuuate Consultanl for all savices rerMcred by Consultant according to the tatns and oonditions sel forth in Exhibit A, Paragraph 10, adjacent lo the goveming aompensation relationship indicated by a "checkmarlc" next to the appropriatc arrangement, subjed to the requiranents for relrntion set forth in Paeagraph I8 of Ezhibit A, and shall oompen4ate Conwlhnt for out of pocket eacpenses as providad in Exhibit A, Paragraph I I. 2. �upnorting Infortt�ation. My billing submitted by Consultant shall contain sutFcient information as to the propriety of Ihe billing, including properly executed payrolls, time reoords, invoices, contracts, or vouchers describing in ddail the nature of the charges lo the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall spacificapy contain the Citys account number indicated on Exhibit A, Paragaph 17(C) Io be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation, City will exclude any cost: 1) incurred prior to the effective date of this Ag�aement; or 2) arising out of or related to the arocs, omissions, negligence or acts of willful mixonduct of the Consultant, its agents,employces, or suboonhactors. a. Errors and Omissiorts. In the event thst the City Administrator detamines that the Consultant's negligence, emors, or omissions in the perf'ormance of work unda this A�nent has resulted in exp�se to City greater thsn would have resulted if there were no such negligence, emors, omissions, Consultant shall reimburse City for any additional expense.c incurred by the Ciry. Nothing in this Page 7 M��4 Ae��iArtew 1Me Qq�JC�i 17r nI Ynla�G/errr Proridm Ar r Aelsde�Ar Cib i IYeArYe L-,v:u oocatsbv,y��(l.r v:r�ciq uel.cAr.r,arsnw.�crr vr�CYq�dj cA.u.wl�sr r1NAtJx paragraph is intended to limit Cit}�s rights under other provision� of this Agrcement. 4. payment Not Final Aporoval. 7he Con�ultant understands and agrees that payment to the Consultant for any Projecl oost does not constitute a City final decision sbout whether that oost is dlowable and digible for payment under the Projax and does not constitute a waiver of any violation of Consultant of the terms of the Ageanent. The Consultant acknowledges that City will not make a final detetmination about the eligibiliry of any oost until the final payment has been made on the Project or the results ot an audit of the Projact roquested by the City has bea► oomplded, whichever occ�us latest. If City detertnines that the Consultant is not entided to raceive any portion of the oompe�sation due or paid, City will notify the Consultant in writing, stating its rea.ROns. The Consultant agraes thal Project closeout will not altcr the Consultant's responsibility to retum any funds due City as a res�lt of Iater refunds, oorrections, or other similar tran4actions; nor will Projed closeout alter the right of City to disallow costs and rocover fimds provided for the Projact on the basis of a lata eudit or othcr review. a. Consultant's ObligoUon ro Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess piymenls or disalbwed oosts, the Coatultant agrees to remit to City promptly d�e amounts owed, induding applicable interat. ARTICLE Ill. ETHICS A. Finsneial lnterao ofConsulqnt 1. Consultant is Designated as an FPPC Fila. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer;' Consultant is dorn�ed to be a "Consultant" fw the purposes of the Political Refortn Ad oonflict of interest �nd disclosure provisions, and shall report ecorromic interests to the City Clerk on the requirod Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as daertnined by the City Attomey Z. No Particination in Decision. Regardless of whether Consultant is daig�wted u an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to uce Consultant's position to influe,nce a govemmental decision in which Consultant knows or has reason to know Consultant has a financial interest oth� than the oompa�sation promised by this Agreement. 3. �rch to Determine Economic Inlaests. Regardless of whethe.r Consultant is designated u an FPPC Filer, Consultant wazrants and represaits that Consultant has diligenUy oonducted a search and inventory of ConsultanPs eca�omic inlerests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has dderminod Ihat Consultant does not, to the best of Cauultant's knowledge, have an oconomic interest which would conflid with ConsultanCs duties under this Agcernent. Page 8 7W w/d A�ree�e�l ldwse�/4r Qry�f C7Yd�N.W uf Y'vlan ln/enr�Prmtidrrs.A�c Y Re�kiie�Mr On i IfeB`Mr Z�Ym Do�er'SdeVlqqWr(yi Y�YMb dl.CA'fuYa�WNAL'[1i V��Ciq d)CA-Q�elo��n1 F1NLbt 4. Promisc Not to Acquire Conflicting Interests. Regardless of whetha Consultant is designated as an FPPC Filer, Consuitant furtha warrants and represents thet Consult�t will not acquire, obtain, or asswne an waamic interat during the tam of this Agreunent which would oonvtitute a oonflict of intere,ct ac prohibited by the Fsir Political Practices Act. S. Dutv to Advise of ConflictinQ lnlerests. Regardless of whether Consultant is designatod as an FPPC Fila, Consultant further warrants and represents that Consultant will immediately advise the City Attomey if Consultant leams of en oconomic intere,ct of ConsultanPs that may result in a oonflict of interest for the purpose of the Fair Political Practices Ad,and regulstior�s promulgatad thereunder. 6. Spocific Warranties Against Eaonotnic lntaests. Consukant warrants, represaits and agrees thaC a. Neilher Consultant, nor Consultant's immediate family manbers, nor Consultant's employces or agenls (Consultant Associates) presently have any intaest, directly or indirectly, whatsocwer in any property which may be the subject matter of the DeRned Services, or in any property within 2 radial miles from the exlerior boundaries of any properly which may be the su6ject malter of the Definod Services, (Pmhibited Interest), Mher than as listed in Exhibit A, Paragraph 14. b. No promise of future anploymrnt, remuneralion, concidaation, gatuity or otber rcwud or gain has bcen made to Consultant or Consultant Associates in oonnection with ConsultanCs performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of Ihis Ageanent, or for twelve months th�reafta. c. Consultant Associates shall not acquire sny such Prohibitod Inlerest within the Term of Ihis Agreanent, or for twelve months efter the expiration of this Agreanent, excxpt with the written pertnission of City. d. Consultant may not conduct or solicit any business for any party to this A�nent, or for any third party that may be in oonflict with ConsultanCs responsibilities ueder this Agxment, except with the written permission of Ciry. IV. UQUIDATED DAMAGES A. Application of SecNon. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph l3. 1. EstimatinP Damages. It is acknowledged by both parties that time is of Hx essence in the completion of this Agtcement. lt is difTicult to estimate the amount of damages resulting from delay in perfortnance. The parties have used their jud�t to amve at a reaSOnable amount to compensate for delay. Page 9 h»ti'aM��•�•'�•,.1r e7y.feld.vtr..�/vWn�M�erwN r.orldrn.J�w�.LALS�i Me4ct!t LWO��Sab`flqadRl6 Vir Mb�fAr'roWVAl.Y7i YiY�oqCA-RMq�sr FlNA1.4 2. Amount of PenaUv. Failure to complete the Defined Serviax within the allotted time paiod speciRed in this Ageement shall rcsult in the following penalty: For each consocutive cala�dar day in excess of the time spacified for the completion of the respective work assignmrnt or Deliverable,the Consultant sh�ll pay to the City,or have witliheld from monies due,the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Rcauest for Eatension of Time. If the perfamance of any ad requirod of Consultant is directly prevented or delayed by rearon of strikes, lodcouts, labor disputes,unusual govemmrntal delays, ads of God, fire, floods,epidemics, freight anbargoes,or othcr causes beyond the ressonable control of the Consultant,as determined by the City,Consultent shall be excused from perfaming that ad for the period of time equsl to the period of time of the prevention or delay. In the event Consultant claims the existenoe of such a dday,the Consultant shall notify the Citys Contract Adminishator,or designoe, in writing of that faa wilhin teo calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless il can be shown that such delays did or will delay the progress of the wodc. ARTICLE V. INDEMNIFICATION A. Defense, lndemaity,and Hold H�rmless. 1. �,eneral Reauirement. Except for liability for Design Professional Savioes aovaod under Artide V., Section A.2., Consultant shall defend, indannify, p�utect and hold hartnless the City, its docted and appointed officers, agents and employees. from and against any and all claims, demends, causes of action, oosts, expenses, liability, losc, damage or injury, in law or equity, to property or peasons, including wrongful death, in any manner arising out of or incident to any dlegad acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employoes, agenls, and contrado�s, arising out of or in oonnedion with the perfortnance of the Defined Savices or this Agree�nent. This indarwty provision does not include any claims, damages, liability, costs and expenses (including witFwut limitations, attomeys fee.e) arising from lhe sole negligence, active negligence or willful misconduct of the City, its oflicers, anployees. Also covered is liability arising from, connected with, causod by or claimod to be caused by lhe active or passive negligent acts or omissions of the Ciry, its agents, officers, or employees which may be in oombination with the adive or passive negligent ac�c or omissions of the Consultant, its employees, agents or officers,or any third perty. 2. Desi� Professional Servioes. If Consultant provides design professional scrvices, es definod by Califomia Civil Code soction 2782.5, as may be amended from time to time, Consultant shall defend, indemnify end hold the City, its ofFcials, offioas, employees, volunteers, and agents fiee u�d hannless from any and all claims, demands, causes of sdion, costs, expenses, liabiliry, loss. damage or inlury, in law or oquity, W propertY or pcxsons, including wrongful death, in any manner arising out of, pertaining to,or relating to the negligence, recklessness, or willful misconduct of Consultant, its officials,ofi5cas, anployeGS, egents. oonsultants, �nd oontractors erising out of or in c�nna:tion with the Page 10 r«./wy.l�nser sew�e.6r ap yead.nr.of vwawWe..n hwiferc rr.1r�drNpl.►r aw i weEWr L�V�a�V�r�(Yyd�,[A'CaeUfi7NAU[1Y Yr�Cfq�CA-Oewlqd HIALbc � perfortnance of Consultant's scrvices. Consultant's duty to defend, indemnify, and hold harmless shall not i�lude any claims or liabililies arising from the sole negligence,active negligence or willful misconduct of the City, its ag�ts, officers or anployees. This sxtion in no way alters, affectc or modifies 1he ConsultanPs obligations snd duties unda this Ageetne�t. I. Costs of Defensc and Award. Includad in the obligations in Sections A.I and A.2. above, is the Co�uulfent's obligation W defend, at Consultant's own cost, expense and risk, any and all suits, actions or othu legal proceedings, that may be brought or instituted against the City, its directors, officials, officas, anployees, agents and/or volunteas, subject to the limitatioas in 5ections A.1. ud A.2. Consultant shall pay and satisfy any judgrt�ent, award or docrce that may be renderod against City or its directors, officials, otticers, anployces, agents and/or volunteers, for any and all related legal ca�penses and �sts incurred by each of them, subjed to thc limitatiorts in Sactions A.I. and A.2. 4. Insurance Proceeds. Consultant's obligation to indemnify shall rat be resUided to insurance procads, if eny, received by the City. its diractors, officisls, oPficers, employaes,agents, and/or volunteus. 5. peclarations_ Consultant's obligallons undw Article V ahall not be limited by any prior or subsaqucnt declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City inwcs enforcing the i�demnity and defense provisions set focth in ARicle V. 7. ival. Consultant's obligations under Article V shall survive ffie tertnination of this Agreement. ARTICLE VI. TERMINATION OF AGREEMENT A. Terminallon for Cause. If, through eny cause, Consultant shall fail to fulfill in a timely and proper manner ConsultanPs obligations under this Agrcemen4 or if Consultant shall violate any of the covenants, agreunaits or stipulations of this Agcement, Ciry shall have the right to terminale this Agreement by �ving written notice to Consultsnt of such tamimtion and spacifying the effedive date thereof at least five (5) days before the effactive date of such tamination. ln that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consullant shall be entitled to teceive just and oquitable compensation, in an amount not lo exoead that payable under this Agcernent and less any damages caused City by Consultant's breach, for any work satisfadorily completad on such documents and otha materials up to thc effoctive date of NoNce of Termination. B. Terminatlon of Agreement tor Convenienee of City. City may tamimte this Agreanent at any time and for any reason, by giving spacific written notice to Consultant of such tamination and spacifying the effective date thereof, at least thirty (30) days beforo the effaxive date of such terminstion. In that event, all finished and unfinished documents and Page 11 n.�r,g,y.�..r�.�.r.ay yc•rr.nr..r r�.�r�....»o.uav n�r.r�x,r�r.aro;waer;u L1Vis Oo�'(1i ViY�Cb d�,fAf��'tMAL'[Y Yr��(5y aqCA-Oe�alq�a�FMMJnc other materiais described hereinabove shall, at the option of the City, become Citys sole and ezclusive property. If the A�nent is terminated by City as provided in this paregraph, Consultant shall be entitled to reixive just and equitable compensstion, in an amount not to exceod that payable under this Agreement, for any satisfactory work completod on such docvments and other materials W the effxtive date of such lertninalion. Consultant hercby ezpressly waives any and all claims for damages or oompptsation arising unda this Agoement excxpt at set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Reteetioe. During the course of the Project and for thrce (3) years following oompldion, the Consultant agrees to maintain, intsd and readily aocessible, all data, documents. reports. reoords. contracts, and supporting materids rslating ro the Project as City may require. B. Aeeas to Reeorda of Consakant and Subeontr�cton. The Consultant agrees to permil, and roquire its suboontradors to pennit City or its authorized representatives, upon request, to inspoct all Project worlc, materials, payrolls, and other data, end to audit the books, reoords, and accounts of the Contractor and its suboontractors pertaining to the ProjeQ. C. Projeet Cbseout. The Consultant agrees that Project closeout does not alter thc reporting erd r000rd retention roquiranenb of this Agreement. ARTICLE VIII. PROJECI'COMPLETION, AUD[T,AND CLOSEOUT A. Projcet Compktlon. Within ninety (90) calendar days following Projoct oompletion or tertnination by City, Consultant agroes to submit a final certification of Projoct expa�ses u�d audit reports, as applicable. B. Audit of Consultants. Consultant agrees ro perfortn financial and compliance audits the City may require. The Consultant also agrees to obtain sny other eudits required by City. Consultant agrces that Projxt closeout will no/alter ConsultanCs audit responsibilities. Audit oosts are allowable Project costs. C. Projeet Closeout Project closeout occurs wh�n Ciry notifies the Consultant that City has dosod the Projed, and either forwards the final payment or adcnowlodges that the Consultant has ranitted the proper refund. The Consultant agees that Project closeout by City does not invalidate any oontinuing requirements imposed by the Agrcement or any unmet roquiranents set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assfgnabillty. The savices of Consultant are personal W the City, ar►d Consultant shall rat assign any interest in this A�nent, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. Page 12 n"•+�o M��rw.ev.ah Qy yeir�r.r.r ru;nw lweerwer r,o�;Ir.z i�r..��r Ar nrv 1 wrartr ZWa Ooaed\ykaTqmY(y�Y��C5yaq,G'GSS�RiALrlii Y��Cq eqCA-Oevaqrr f14Vaoe 1. I,imited Consent. Ciry hereby oonsents to the assignment of the portionc of 1he Definod Services identifiod in Exhibit A, Paragraph 16 to the suboonsultants identified as "Permined Subconsultants." B. Ownenhip, Publicadon, Reprodaction and Uu of Materid. All reports, studies, infortnation, deta, statistics, fornu, designs, plans, pcncedures, systems rnd any other materials or properties produced under this Ageement (`•Work ProducC') shall be the sole and exclusive property of City. No Work Produd produced in whole or in part under this Ageanent shall be subjoct lo private use, copyrights or patent rights by Consultant in the United States or in any other oountry without the ezpress written oonsent of City. City shsll have unratricted aut}�ority lo publish, disclose(except as may be limited by ihe provisiong of the Public R000rds Ad), distribute, and otherwise use, copyright or patent, in whole or in part, sny such reports, studies,data, statistics, forms or other materials or ptopaties producod unda this Agreement. Notwithstanding anything ro the con(rary in any of the condad documenls, Wmic Product shall not include the Vision Intemet Content Management Tool (also ktawn as the Vision Content Management Tool, VCMT, VCMS and the Vision Contait Managernent System), dy�wnic components, intaaaive rnmponents (oolloctively, the "Consultant's Proprietary Tools"), and other mataials or components reasonably dai�atad by Consultant, or any portion thereof, which: (a) have bcen previously made availabk to the public or which is made available to third parties by City hereafta (except thmugh ordinary interfece with or use of Citys Website by manbers of the public), and/or (b) which was already in Consultant's possession prior W savices performed under dris Agcemrnt ("Consultant's Proprietary Infortnation"). Consultant shall retain all right, title, and iMerrst in all of Consultant's Proprietary Tools and Consultant's Proprietary lnfortnation; however, upon payment in fuU, Consultant hereby gants to City a perpetual, non-exclusive, royalty-free lioense to uce for its own use any of Consultant's Proprietary Tools and Con4uluM's Propridary Informstion that is anbedded in the Wodc Product. C. Indepeodent Cootnctor. City is interested only in the results obtained and Consuhant shall perf'onn as an independent contractor with sole control of the manner and means of pafaming the services required under this Agreanent. City maintains the right only to reject or accept Consultant's worlc produds. Consultsnt and any of the ConsultanPs agents, anpbyxs or represp�tatives are, for all purposes unda this Agreeme,at, independei►t contradors and shall not be deemed to be anployees of City, and none of them shall be rntitlod to sny benefits to which City ernployces are eotided including but rat limited to, ovutime, retirement benefits, worica's oompensation benefits, injury leave or otha leave benefits. Therefore, City wil) not withhold state or fedecal income ta�c, social security tnx or any other payroll tax, end Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. I. Actions on Behalf of Citv. Except as City may specify in writing, Consultanl shatl have no autF�ority, express or implied, to ad on behalf of City in any capacity whatscever, as an agent or otherwise. Consultent shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoeva, unleu expressly provided in fhis Ag+oement. Page 13 n••�b MM�fAM�s MrQq�JC1W YLY rf YWo�iuerrv RorYn:lr.M Rdaia�r Cuv i Nelrik Z Vro�q�(yY Y��C'ry d�.CAY'�'FTiAUC1i V��(Sy dICA-Onelqs�!}1ALi� 2. No Oblig,ations to Third Parties. in connoction with the Project, Consultant agrees and shall require Mat its agents, anployces, wbcontractors agee that Ciry shall not be responsible for any obligstions or liabilities to any third partY, including its agents, anPloYees. saboontractors, or other pason or entity that is not a party to this Ageement. Notwithsfanding that City may have concumad in or approvod any solicitation, subagreement, or third party contract at any tia, City shall have no obligation or liability io any person or entity not a party to this Ag�eement. D. Adminlstrative Clalms Requlrements and Proeedures. No suit or arbitr�ion shall be brought arising out of this Agcement, against City unless a claim hac first bcen presentod in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 134 of the Chula Vista Municipal Code, es same may from time to time be amended, the provisions of which are incorporated by Ihis refuec�ce as if fully set forth herein, and such policies and procedures us�d by City in the implanentation of sarne. Upon raquest by City, Consultant shall mcet and confer in good faith with City for the purpose of resolving any dispute ova the tenns of this Agoement. E. Administratlon of Contesct. Each puty designates the individuals (Contract Administrators) indicated o� Exhibit A, Parag�aph 12, as that part�s condact administrator who is suthorized by the party to represent it in the routine adminisUstion of this AgroanerN. F. Term. This Ageement shall tertninate when the parties have oomplied with all executory provisions heraof. G. Attorney'� Fecs. Should a dispute uising out of this A�eanent result in litigation, it is agreod that the prevailin8 partY shall be entitled W a judgment against the otha for u� at►wunt equal to reasonable anorneys' fces and court costs incurred. The "prevailing party" shall be dcemed to be the party who is swarded substantially the relief sought. H. Sbtement of Costa. In the event that Consultant prepares a rcport or docwnent, or pacticipates in the preparation of a report or document in performing the Definad Savices, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numMxs and cost in dollar amounts of all contracts and subcontracts relating to die preparetion of the report or document. 1. Consulhnt is Ral Estite Broker and/or Salesman. If the box on Ezhibit A, Paragraph 15 is marked, the Consultant and/or its principals is/are licensad with the Stete of Califomia or some other state as a resl estate broker or salesperson. Othawise, Consultant rcpresents that neither Consultant,nor its principals are licensed real estate brokers or salespersons. 1. Notka. All notices, demands or requests pcovidad for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requesu to be sent to sny party shall be doemed to have been properiy given or saved if personally served or deposited in the Unitod States mail, addressod to such party, postage p�epaid, registaod or certifiod, with Page 14 ��i M�ea.n..�r ap yawr rl�.r�7.;n.V,e..rr v,m�"Jers.i�r.r Re/sala ntr nn}we6.ur Z�V�o Oo��b�SdwY�Y1i YiY�(1y ory,fA[brisNlNAL'(lYY ViW KYy M��A-OneY�!F?IALbe retum roceipt roquested, at the addresses identified in this Ageanent a4 the places of business for each of the designated parties. K. Integntion. 'Il�is AgrcemaU, together with any other written documaN refecred to or contemplated in il, embody the entire Agreement and understanding betwxn the parties relating to the subjoct matta hereof. Neither this Agroetnent nor any provisioa of it may be amaided, modified, wnivad or discharged except by sn instrument in writing eaecuted by the pazty against which rnforcement of such amadrt►ent,waiver or discharge is sought. L. Gpaeity of Partin. Esch signatory and party to this A�eernent warrants u�d represents to the other party that it has legal auHiority and capacity snd direction from its principsl ro enter into this A�nent, end that all necessary resolutions or other adions have been lalcen so as to enable it to aua into this Agreanent. M. Coverning LawNenue. This Agrcement shall be govanad by and conswed in acxordance with the laws of the State of Califomia. Any adion arising w�der or relating to this Agroanent shall 6e brought only in the fedaal or state courts located in San Diego County, State of Califomia, atd if applicable, the City of Chula Vista, or u close thereto ac possibla Venue for this Agreanent,and perFormance under�t,shall be the City of Chula Vista. N. Llmltcd Warranty. Consultant does warrant that all of the deliverables included in this Agcement will be oonveyed to City. All programming code devebpod by Consultant within the projed is warrantod for a pixiod of twelve(12) months from the date of the cornpletion of the website ("Compldion"). Coaculhnt will create s backup of the website on the date of Completion. If any warranted problem arises while City or its designee is maintaining the website, Consultant will restore the website back to its condition av it ezisted at Completion. If Consultant is maintaining and hosting the website, Cauuttant shall testore the website badc to its cor►dition as it existed at the day of the most rocent backup. Consultant shall provide compiled code upon City's request. Consultant shall a�ly be respo�ible for any costs as.sociatad with correcting any unmodifiod programming code during this lwdve (12) month period following the Completion. In no event, al any time, shall the aggregate liability of Consultant ezoeed the amount of fces paid by City W Consultant and Consultant shaq not 6e responsible for any lost profits or other damages, including dire�x, indirecl, incidental, special, con.caquential or any other damages,however caused. O. Consultant may �ue any web pages developed for the City in any of its own promotional materials as ezamples of its worlc. Ciry agrces that Consultant may place in the website footer an unobtrusive texl link reading "Devdoped by Vision Intemet" or the oquivalent Con�ultanCs footer text credit shall dways be linked to a Consultant web page. (End of page. Next page is sigoature page.) Pege !5 n.ti.a M�s�n�...rk ap�yn.r nr.r � Z�rO oo�srsbr.po.rYli r.r KSa.4 cArrs�wMAUCtir vr�cTg.nCA-o..4.r r1LU_bc Si�sturc Page to Agreement betwcen City of Chula Visq and Vlsbn Internet Providers, lnc., To Redealge t6e Clty'a Webslte IN WI7'NESS WHEREOF, City end Coawiltant have executed this Ageetnent, indicating that they have reed and understood same, and indicate their full and oomplde ainsent to its trnns: City of Chula Vista Br• Cheryl Coz,Mayor Attest: Donna Nortis,City Clat Approved as to form: Glrn R Googina,City Attort�ey Vision Intemd Providers, lnc. BY St Chapin, Presidwt Exhibit List w Ageanent: Ezhibit A Page 16 7w Awo Merse�r ser�ne.a�e ary yc7�rr vlr...�Y.uaw e.rr�n vrori�r.i Lc.r sndoln ir aiv;we8dn S�Ve Oae�era•SbY1�o�ry+V'r�Cq cQ fA`fa�1AL'[bY Y��oqCA-OeM�er FlNAIJz Ex6ibk A to A6reement behvees City of Chula Viaq and Vision laternet Providers, Inc 1. Effective Due: The Agreanent shall take effed upon full exocution of the Ageeinent,a4 of the effective date stated on page 1 of the Agcement. 2. City-Related Entity: ( X )City of Chula Vista,a municipal chartered cot}wratian of the Stete of Califomia ( ) The Chula V ista Public Financing Auttarity, a ( ) The Chula Vi�a Industrial Development Authority, a ( ) �� ,a [ingert bu4iness form] (C�h') 3. Place of BusinGSS for City: City of Chula Vista 276 Fourth Avenue Chula Vista,CA 91910 4. Cauultant: Vision Interoet Providers, Iaa 5. Business Fortn of Consultant: ( 1 Sole Propridorship ( )Partnership ( X ) Corporatioa 6. Place of Business,Telephone and Fax Numbix of Consultant: 2530 Wilshire Blvd. 2i° floor, Santa Monica, CA 90403 � 310.650.3100 � 310353.3103 fax �COntncb aQvisloninternet.com � www.visioninteroe4rnm Page 17 7v�/1r4 A�s�snrrrw�►r C7d.fCA�r rt��/ r Rdoo�r e1r's weh.r� L�vo poc�r6rs1wpm4rli rr�(-y dy cw�G�.e.VNAL`[li vir�C'q.(�cA-Oc.�a f1�WJz 7. Ceneral Duties: The ConsultanYs general duties are detailod in the"Scopo of Wo�ic," includad as Atted�nt I to this Ag�eement,and incorporated by this ref«ence. 8. Scope of Work �nd Seheduk A. Detailed Scope of Work: The Consultant's dMailod scope of work is set forth on Attad�ment l, "Scope of Wodc." B. Date for Commencema�t of Conwltant Savicrs: (a )Same u Effcdive Date of Agreuncnt � 1 Othex: C. Dues or Time Limits for Delivay of Deliverables: Delivenble No. 1: VBion Stage including Pmjed kick-oR', planning 2 -4 waeks session Deliverable No.2: Coneept Shge including dcwelopment of 2-4 wedcs information ardiitecture, navigation sdategy, review intaactive oomponents, sitemap, categori�tion of pages, homepage layout wireframe Deliverable IVo.3: Deslgn Shge including custom graphic design, 2 -4 wedca custom icons, buttons, screen elements, and backgrounds,3 homepage desi com Dellverable No.4: Development Stage including site programming, 4 -9 weeks implementation of visionCMS, integration of interactive components, mi tion of u to S50 es of oontent Detiverable No.5: Quallry Auunnce,Doeumentatioo, aed Tnloing 2-4 waeks Stage including final testing,customized training manusl,two consocutive da of onsite Uainin sessions Deliverable No. 6: Soft Lanneh & Flnal Launeh including the move of 2 wedcs website to production server, Final QA of website for functionality,ADA and broken links, website oes live D. Date for completion of all Consultant servioes: Mav 12. 2014 . 9. Materials Requieed to be Suppliod by City to Conwitant: City s6e11 supply all infomution�o Conuac�or in digi4l fomut including wit6out limiutiao oopy.text, audio fiks,vidao fila,pdf files,pholographs,artwwk and proexisting gapltics 10. Compensation: A. ( ) Single Fixed Fce Artangement. Page l8 r,.rYrq Aj.esn.r fe.re.wr erp ycMlr wr r r�+�ain rr cr.:IYeBwr L�Ya Oo�SJsVupu�'(1y V��(Sy�Q,CA'Cwwa`f11A1'[1i ViY�[SqMfA-dwl4sr FTNL6c For performance of all of the Defined Services by Consultant as herein requirod,City shall pay a single fixed fee in the amounts and at the times or mileslones or for the Deliverables set forth below: Single Fixod Foe Amount: . payable as follows: Milestone or Event or Ddivenble Amount or Percrnt of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the oompeauation due for each phasc on a percaUage of completion basis for each given phase such that, at the end of each phase only tl�e compensation for that phase has beai paid. Any paymrnts made}�eceunda shall bc oonciderod u intemst free loans that muct be returnad lo the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completad,the City shall receive crodit against the compensation due for that phase. The reteMion amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at Ihe end of the phase, the full retention ha� been held back from the oompensation due for that phase. Percentage of oompldion of a phase shall be sssessad in the sole snd unfettezed discretion by the Contracts Administrator designated herein by the City,or such other person as the City Manager shell designate, but only upon such penof demanded by the City that has been provided, but in no event shall such intaim advance payment be made unless the Consultant shall have rep�ted in writing that said percenlage of canpletion of the phase hac been performed by the Consultsnt 71ie pradice of making intaim monthly sdvances shall not convert this agreanent to a time and matuisls basis of payment. B. ( X ) Phasad Fixed Fce Arrangement. For the paformance of each phase or portion of thc Defined Services by Consultanl as are separately identified below, City shall pay the fixed fce associated with each phase of Services, in the attaunts and at the times or milestones or Deliverables set forth. Consultant shall not commrnce Services under any Phase, and shall rat be entided to the compensation for a Phase, unless City shall have issuad a notice to proceod to Con4ultant as to said Phase. � Fce for Said Phase 1. Commrncement of Vision Slage S 14.875.33 2. Compldion of Concept Stage S 14,875.33 3. Completion of Design Stage S 14 875. 4. Completion of Development Stage S 14•g75•33 5. Completion of Quality Assuranoe, Doaanentation,dc S 14 87533 Training Stage 6. Compldion of Soft Launch dc Final Launch S 4 7 Page 19 �•+�i M�se+n.w.ap yarlr nr..r n.b.M.e..n nwit..i,h� r Re�rs'�i we6rm� L�V�o Oacse�clLb'YwpmY'(1Y Yw�(Sy dl CA'CalsoaVNALrIi V�1(5b a/JfA-De�dqb F4iAl.mc ( ) I. Intaim Monthly Advances. The Ciry shall make interim monthly advances against the compensation due for each phase on a percentage of oompletion basis for each givcn phase such that, at the end of each phase only the compen.qation for Hnt phase has bern paid. MY PeYments made hereunder shall be con�idaed � intercst free bans that must be retumod to the City if the Ph�e is nol satisfactorily mmpleted. If the Phase is setisfaclorily completed, the City shall roceive aedit sgain4t the compe�sation due for that phase. 71�e retention amount or percentage se1 forth in Pangraph 18 is to be spplied to each intcrim p�yment wch that, at the end of the phase, the full retention hes baen held back from the oompeauation due for that phasc. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts AdminisVator designated herein by the City, or such other person u the City Manager shall designate, but only upon such proof demanded by the Ciry that has bcen provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said par,entege of oompletion of the phase has been performed by the Consultant. The practice of making interim monthly sdvances shall not comert this agreement to a time and materials basis of paym�t. C. ( ) Hourly Rate Arrangement Fw perfortnanoe of the Defined Services by Consultant u haein required, Ciry shall pay Conwltant for the productive hours of time spent by Consultant in the perf'ormance of said Services, at the rates or amounts set foRh in the Rate Schedule haein below aocording to the following tenns and oonditions: (I) ( ) Not-to-Exoeod Limihtion on Time and Materials Arranganent Notwithsfanding the expaditure by Consultant of time and materials in excesc of said Maaimum Canpensatiai amount, Consultant agces that Consultant will perform all of the Defined Savices herein required of Consultant for S including all Materials, and other"reimbursables" (Maximum Compensation). (2) ( ) Limitation without Further Authori7ation on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to S (Authorization Limit), Consultent shall not be entitled to any addiHonal compensation without further authorization issued in writing and approved by ffie City. Nothing herein shall preclude Consultant from providing additanel Services at ConsultanYs own cost and expenx. Sce Exhibit B for wsge rates. ( ) Hourly rates may inrmage by 6•/. for services rendaed aRa [month], 20� if delay in providing savices is causod by City. Page 20 r..�►ro M++�.��a�.ea.n►�a4.fcar.n..r r�.r.ar.;M.erYr LWO po�yup�lr[y�vw((lqq�CA+GeaiM71ALr7i Vir�('�apCA•4.dya�F1MLbc 1 I. Mateiials Reimbutsertknt Amngement For thc cost of out of pocket expet�ses incurred by Consultant in the performance of savices herein requirod,City shall pay Cons�iltant at the rates or amounts set focth below: ( ) Nonc,the compaisation includes all oosts. Coat or Rate ( ) Reports.not to exoeod S s ( ) Copies, nd to uceod i s ( ) Travd, not to exceod S s ( 1 Printing,not to eacoad S s ( ) Pos►eBe. not to ez000d S s ( ) Delivery,not �o exooad f f ( ) Outside Services: s ( ) Otha Actual Identifiable Diroct Costs: s , ratto ex000d S S , not to exooed S S 12. Contrad Administralas: City. Anne Stdnberger, asteinberger[a�chulavistaca.gov, (619)409-5446 Consultant: David Luong, dluontt(a�visionintemet.com.(310)656-3100 13. Liquidated Damages Rate: ( ) S per day. ( ) Ocher: N/A 14. Statement of Eooiwmic Interests,Consultant Reporting Categories,per Conflid of Intaest Code(Chula Vista Municipal Code chapter 2.02): ( X) Not Applicable. Not an FPPC Filer. ( 1 FPPC Fila ( ) Gtegory No. 1. Investments,aources of inoome and business interests. ( ) Category No. 2. Inter�sts in real propertY- ( ) Category No. 3. Investments, business positia�s, int�sis in real property, and sou�es of inoome subjax to the regulatory, permit a licensing �uthoriry of the deperhnent administering this Agroanent. Page 21 Tw�/`r4�feu.oe�1Mr Qq�J[ldr VLY W Ylriu�A�erwrr Awidrn.Gr.r Redrils rr CfM i Medrilr Z'�Vr Qmr�SS�k�M�aY(yr Vm�('q'011 CAt'o�adNA/AL'[1Y ViY�C1paq CA.R.cbpsr f7NALbc � ( ) Category No. 4. Inveshnents and business positions in business entities and sources of income that engage in land development, conshvction or the acquisition or sale of real ProF�Y� ( ) Category No. 5. lnvestments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Inveshnents and business positions in business entities and sources of income that, within the past two years, have contracted with the depaztment administering this Agreement to provide services, supplies, materials, machinery or equipment. O List Consultant Associates interests in real property within 2 radial miles of Project proPertY, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Pmcessing: A. ConsultanYs Billing to be submitted for the following period of time: ( ) Monthly ( )Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month O I Sth Day of each Month ( ) End of the Month ( ) Other: Page 22 Two hrq A;rrewm Ienrtte I!u GLj�JCL4 YIfY u!Yltlon/w�ernet Prmrdm.Mc N Redetipr Mt CiM S Wtbsi�e L�Vm Dom�m�yk�Aopm4(yy Vir ICiry af),CA'foY�ceMNALK3da Vaa ICiydt CA-Gnelop�l F81AL6c C. Cil�s Acoowrt Nwnber: PEG14 18. Seciuity for Perfornw�ce ( ) Perf'ormance Bond,S ( ) Letter of Crodit,S c ) at�s«�;cy: Type: Amount: S (X)Retention. If this space is checked, then notwithstanding other provisions to the contrary roquiring the payment of oompe�sation to the Consultent sooner,the City shall be entiUod to retain, at their option, either the following"Retention Percentage"or"Retention AmounP' until the City determines that the Retention Release Event, listed below,hac occurred: (X) Retention Pucrntsge: 10% ( ) Raention Amount S Retention Releace Event: ( X )Completion oFAll Conwltant Servicts Q Otha: ( ) Otha: The Retaition Amount may be released on a monthly basis provided thet Consultant has performed said monthly services to thc sole satisfaction of the Assistant City Managc/Director of Developmrnt Savices or his designce. Page 23 r.v Arq,k.avn.r�e.m be c7q yar4 n,r r defndw rr an;w.BWr LyVO Omeeti•ykC�o�4�(yy YY((7qd�,CM['e�aTF11Al'(1i ViY�C4�CA.0eYelo�s�i�W�e Attechment A St-O�)!.' C71 .�1�0/�: This AtbchrrNnt A (•Atbdvnent A") desvibes the Scope o( Work For website dewloprr»nt services, to be perfamed by Yaion Intemet ('Contracta') for the Gity of Chula vsu. CA ('Ciry'). In this document ehe words 'wa," •us.' and 'oun' re(er ro the Gontract«. The word 'you' .efers to the City. Implemsnation of d�e website wiN inchde: � .-. ��.[ion � ..°i;,n The Convscta will conwk with the City on how best to wgsnin your website's content. Baa�d on this conwhatio�, the Convsctw will create a homepage layout wireframe that sFaws the p�acement of key mformation and dynamic content. The Convxtw will dsliver the fdlowirg: . Homepsge layout wireframe • Approved sit�rnap Grac�' � '_%. The Convactu will prwide the City with three homepage design concepu for your spprwsl. The City will select one (or implemenbtion in the website. The ConVacta will provide revisions of the sekcted homePage desi9^ conc�pt. Upo� approval of tM fnal homeP+9e �9^ conc�pt by tM City.tha Conuactw wiU neats up to three inter'ar page designs- The Contractw will deliver the foNowing: . Three homapage design concepb • ppp�oved hortKpage design • Up to threa interior page templatea ii�, ._ ,. C;on1'-"' f::,,�.- �,._ .. :-��'�tr��n The ConVactor will implement the City's website usirg the Ysion Content Mansgement System"' ('visionGMS'""). Customization of the visionCMS"" indudes the 6ontend graphic design and layout as well as adding or subtrocting fields lor your specific needs. The vizionCMS'� will be implemented with the lollowing componen[s� �3 • Audit Trail Log • Flexible Site Variable Settings • Backend Content Tide Search . Image Library • Backend Dashboard • Page Template Library • Broken LirJc Reporter • Personal Toolbar • Content Review and Publishing • Rola-Basad Sacurity • Compa�anc Manager • Scheduled Content Reriew • Content Scheduling . SiteMaster"'Templau Builder • ConWR Sansitive Online Halp • $ubmis�ion Validation(reCJ1PiCFi/� City's Irrtials_ Convxtor's Initiah� Page 1 I Attachment A • Depsrvnenql Pags Restrittions . Racyck Bin • Document CenVal . Updated and Expind Contant • Drag and Drop Multiple File and ReP°f��^9 �^�+9e �P��9 • Web Trsific Statistits • Email Addreu Maeking . yy��t ppy� • Enhsnced User Mterfxe . Wwkspaca '"� , `��,�':` _;, - - �� 2 � - �•- -�'e`+�'�?-:.� ,.... • Adranced WYSIWYG Edrtw • Table VYaard • Search and Replace . Undo/Redo • Spell CMdcer • User Commenting • Style Gallery • Venion Contrd � , t - : • Automstic Breadcnxnbs . Navigsdon Convd • Connected Psges • Navigation Redirect • Content Categories . Page Linking • �K�oP �'�Menus • Quidc links • Ercor 4W(Page Not Found) Hmdling . Single-5awte PubfisFw�g • E�Cta^+�Lir�k SP�++►� P� • Site Search • Friendly URL R�d'irect . 5rtemap Gene�atq `•4� _.. �� ..�t11.�,. � . . , . .,-�j,p;"I�� . • Business pireccory . In-page Content Editing • Communiry Spod'ght • Job Posts • Dynamic Cakndar Syst�m • News • UYn+mic FI«nep+g. • RFP Posa . Fx�ities Di�ectory • Rotating Homepage Bannen • Facilities Reservations . Service piretto7r • Feedbsck Form . Staff Directory • Form Builder • Stidcy News • Frequently Asked Questions • Weather Update �: --�-�_�y . �� • Department-Level AdminisVation • Department-Level Navigation • Department-Lsvsl Sitemap Ciq/s krtisls_ ConVactor's Initials� Page 2 Attachment A � � ` 1 - . .. _. � :i.,3A: `- .'`�`.� .- • Audio and Yideo Embedding . govTradc CRM"' • Bookmark and Shara • OneGidc Social Networking"' • eNotification • Photo GaNery�SlidesFww • Emargency Alert(site wids� • RSS FeedReader'" • Fxebook FeedResd�r"' • Twitter FeedResdar°' • Forwsrd to a FriKid � � . ._.�.,_. ._ . . �y�1i • Automadc Alt-Tags • Google Trenslation Integration • Dynamic Font Resizing • Printer Friendly Pages • Dynamic Reader pownload Links • Table Accessibility Tools -�.�!� � < <�c _ ��i. .. - __ . . . -�_._a.- • Active Directory Interface • Intranet • Approval Cyck . �e� �� • Detign Themes(S) • Resporaiva D�sign with visio�Mob�e"' • Extranet(Members OrJy) • Siu Sesrch(S�archblox) , � -... �.,-n! Dct��ii� Below are details on key componwits of tha visionCMS'": DESIGN THEMES �1! �lSKJfI T}IlIMS t00� s��OwS rOU t0 ]IV! fUbSlCtiOnf O� t�l@ vWbfi[! fFlfl( ONrtI Ul11qlN �00�( snd feel while providing overall navigational and page layout consistency fw yow website visiton. The navigational and page layout co�sistmcy will make navigating the site easier for your users; the svucture will remain the ssme throughout the website. At the same time, however, by beirg able to apply diffe�mt grophic designs and cdor schemes to differmt sections, you wn incwporate distinct branding elemenu into a single website. To make it easy for your steff, they can aimply select the desgn dieme to be applied to the page from a list of availabk optian that Ynion Intemet defines fw the content management system. Below are ezamples bom the Ciry o( Denton website. DiHerent templates are used for promoting bra�ng o( i�dividual programs. Templates include unique banner cdlsges snd cda themes. Navigation remairn consistent throughout the sice. Ciy/s Mitials_ Convactor's Irwtials� Page 3 Attachment A �— - - . �dnnia -- -- ._ _—. `�_ " — � � - � - ' �` � -- . ` . ,._ ;�_� ..�„ __ — _ ,�.,.,�., ,,' �`,` ' � � �� ti'J�_� `. � ��==, ._ - --=�s— =— � ==�-=-_ '_� Fgure i:The Ciq of De�ton website'wxorpwsLes different Design Thema t�mplates to wpport br�nding of individwl progr�ms. Ir�NEr The InVanet will be a workspace where employees csn collsbwate and drsk information and resources. Aher drahs are finalized inumally and copied to thc Intemet's backend, employees will be able to post infamation to the public (a display on the Intemet. By using visionCMS°' for your Internet and Invanet, you provide your empbyees with an easy to use system to better communiwte with the public. InVanet content acamples: • Content Mansgement System xcess • Council presentations . Cross-departmsnW fom�s • Project portal • Phone directory It will haw its own uniqw hom�page, navigation. and dtsign. TM design will be bas�d upon the approved public website design: however. it msy inchrde iu orm cdw scheme. coNsg�, and homepsge layout. On the (ollowing psge is a� exsmpk of the website and Intranet as implemented on 1},e City of Lanuster site. In impkmenting your Invanet,wa will take the Idlowing staps: • Comple0e your main website project • Raplicsu the m�in website induding cortpa�enb such as calendar,news, etc. City's Initials_ Contrattor's Initiilf� Vage 4 Attachment A • Implem�nt the approved Inaanet daign • Mignte a sdd pages as required' • Ls�rxh the website behind a 6rewa1l � as to mske it irwcuuibla 6om outside your inurnal network'. Pleas�rwte ehat tF+e Intranet mim be hosted on d+e C'rt�/s server xcwfirg to the specificatiorrs w�Convxtar's Propowl datad June 13, 2013. RSS viewer widgeu can be used to reVieve and display information from the main City site, xxh as newa and events, and display them on the Invanet. My contmt can be retrieved ss long as a RSS feed URL is available. If a website user didcs on one oi the news o�evenb items in the RSS viewer, they will be taken to the detailed information on 1he main website. Pkase note that ittms 6om the InVanet and main City site will not be combined into one list. In this approach, the content in the website and fhe Intranet plus all managemmt tools would �,�. s�•�a•�� - - - Figure 2: Bottom ' � image is of the �� _ � � . �.�, -._- ... -. ..-_ main website while . ,,i �� top imsge is of the y � _ . � Intranet. .� . �� Y a\MJrtl.✓[Nn .. � i .�... .. ._- s+..r.. � . �f�rw.�� ... . . . , � �� Y `� ' _ ' �1..�... rv.�: -. raZi a/ "��..� ,�� . :�. . . . . . :. i ,. '��..w�+Miu�. '�`� �.^ _s.- � ...r. ..�..�.. .....-.. wr�c.��.�r �. . . � rr.�.. w�.r��r ... . � . . .� ...»- . . . The ConVactw will provide the City with sn HTML snd C55 templste that ve�dws of third-psrty cornponents un use. Additional web-interfaces with third-party databases snd systrms sre oubide the scopa oF work of this Attachment A. ' Includes up to 25 pages;sdditional pages may be migrated fw an additional budget. ' For users to xoess the Mtrsnet from outside Y� ^�. �Y ^�+Y need to use a VPN to iCCKS yOIX f1llwOfk pfiM LO KClffi/l9 tf1!MVMIlL City's Initiak_ Gonvactor's Mwtiah� Page 5 Attschme�t A ��-'.- _ .�._�*i--r� �ta,es ��n� °roject tid��eciulc� The uble below shows the prujected developmeM and launch acheduk along with a fist of kry delive.abks/milestones. --- �-„..R:.°.- -r::- - _ � N�s . . . . .. ..`�.�.'��i?r_, �'i � Ysion Stage • k�itisl kidcoff call with Cit�rs projsct manag�r • Survey preparation and review Z-�Weeks • One day a�siM brainstaming and plaming session Coocept Stage • Geation of Infoimation Architecture • Geate ooncepwal�itert�ap 2-4 Weeks • Homepage 4yout wireframe Design Stage • Uniq�x,turtom gnphit design • Custom icorn. buttwn,screen�ments. md backgraxids 3-5 Weeks . HomeP+9a desi9�comP Devebpment Stage • Mnplementstion of visionCMS"' • Mtegration of intenctive componenb 4-9 Weeks • Migration of up to 550 pages of content for the main City website • Mgrstipi of up to 25 pages of content for the Intranet Quality Assurance, DocumenWtion, and Training Stage • Fnaltesting • Customizad training manual 2-3 Weeks • Two consecutive days onsita training session Soh Launch & Final Launch • Move websiu to production serwr • Compleud website 2 We�ks • Website goes live Total estimated time to launch 15 - 27 Weeks ' ��^�Y��Y�Pe��9�^eddit;onel componena snd participanr dscision times. Scope of Wwk�nd Schadule The usks for the development of the new wabsite wid� the implementstion ot a browser- based content management system will include,but not be Gmited to Me fdbwi�g: t. Ynion Sbgr.This phase will establish die objectives of the new websiu. Conwltant s1+aN caduct: City's Mrtials_ C«Mractor's Mrtwls� Pag�6 Attschrrknt A • Overall project assessrnent and final scope docwnantation • Project planning with onsite xssion • Review of current wabsite and analysis other w�bsites w define fixrctionsl snd tecM�ical specifications • Review of project goals snd timeline • Content planning and coN�ction 2. Concept Stage: This aection will conclude with the approval by Ciry staff oi the in(ormation uchitecture, navigstion strstagy and homepa� Isyout wireirame. Consultant shall: • Develop of the informstion uthiUCtwe • Defr+e the navigs0on strategy • Review and recommend iMenttive components and /estures W e�wre streaml'wied navigat;on qiroigh�pecial types o(content • Geate conceptwl sit�map and utcc,�orizstion of pages. The navigation and informaUOn xchitecture will take i�to sccount current needs and allow fuWre 9�� 3. Design Stage: The coroulhnt will creste the graphiul design of the City's hwn�page with input and approval by City staff. This phase will conclude rvith the selection and apprwal of the homepage design comp. • Conwltant will provide 3 homepage design options follow by the necessary re�isions on the selecud design Dssed on feedback fiom Ciry:taff • The design will incorporate the Ciry's bgo, graphics, photos, foMS, cdws and other design elementa • Coruuhant will help sst up a series oF tempktes for the wbpagts (interior Pa9�1 • Consulta�t will design additionsl themes for the Libnry, Fire, Police, Recreation and Clean deparunents/services. 4. pevebpment Stage: The conwltant will impl�ment tM Content Management System and inugrate interactive comporronts srd festures. to include the foMowing: • Consultant will devebp a Content Mansgement System that has the (dlowing requirements • Siie Administration snd Ssturity-sbility to give aite managNnent righb to specific users oi group of users. &owser-bsaed user interface ' ReporUrg-Web Vafflc fLtittics. brokM link report, hot'finks repwt' - Content Editing - Cwitent review and publishing, content sched�ding, cdlabwative autharirg, content linking, content spproval, search and replace, �pell checker, style gaNery, venion oo�trd, undo/redo, table wizard, WYSMlYG edtor, xheduled content review, updated and expired content reporting, ability to paste from MS Wwd, document management, file and image upload, imsge library, image resizing, link library, emsil capabiliq, email �ddreu masking. emer9�ncy homapage ratice, page template library, r�bmission vakdation • Geation of interip page design with input from City stsff • IMegration of interactive components and featwes includirg • Navigation - Automatic breadcrwnbs. comected pages, navigstion convol, navigation redirect, content ntegories, drop down merws, c�stom 404 errors (page not (our�, external bnk splash page. link red'irect, navigaoon levds,site map glMratOr, lite Narth, quitk IitJcf City's Initish_ ConVaetor's Initials� Page 7 I Attachment A • Interactiw cort�ponenu -Piwto gallery/alideahow. staH directary, busineu d'irectory, community spodighC dynamic nlendx, dynamic homepsge. facilities directory, fxilities reservations, feedback {orm, form buiWer, 6aquenNy asksd questions, in-page concenc adting, job posh, news, RFP posts, rotating homepaga banners, service dir�ctory, sUN dvectory, sticky news,weather update. � Links to curcent systems pn-houx snd third-party applicstions) - Reservation applicatans(park resenations, passport applicatioro scheduler, Livescan appoin�nsnt achedikr), In Jsil Listirg, Mimal Csre faciliq donations. appliance rebates. enginerirg plsn statw, citstiom, CLEAN busi�ss Gsting, Business Energy Evaluation, Gommunity Evena Calendar, GMS, Indusvial user, spwu kagues, librsry abbg and dahbases (Encore srx! Millennium), Gt5 M�s, Granicus, Active.com, Constant Contact and Lyris, PlanetBids, HDL Busineu Licenses, Laserfiche, Accels VelocityHall, Springbrook, Chamelson, F'we Trai�ing and See Gick Fix. Consultnnt will provide CSS a�d code ia davelopment of master pages that un be used to integrste the look o( external applicstions Commurwty outreach, media and social netwaking - Aud"a and video embedd'ng, e-notificatioru and wbscription bssed newsletta, lorwarding pa9e /eat�re, u1(Q9laLf CUAMI social media tools, onlirw newsroom, R55 Feed and reader, social media content mansgement system, bodcmxk and shsre, emergency akrt (site wide), forward to a triend • Festures ard sarvices: &owser/OS uqpwt ((ully functional, both viewing and editing, with the msjor browserz and opaating systems provided bebw. Not required to wpport browsers that arc no bnger avsil�k fw dowrJoad from the manufacturer's website), comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d, as smended by the Workfwce Im�estment Act of 1998(P.L 105-22�1. responsive design fa the wpport of mobik devices. printn friendly pages. trsnslatian, uaer experience of mauimum page loadirg spaed o( 3 soconds on commercislly svaitsble OSL u�d cable connections. Provide a smooth vsnsition from page to page with limited distortion while lo�ng, approvsl cycle, extra�et, meetings manager. City undersLnds snd agrees that Canuhant will d�valop website fiontend W be compatibk with Mternet Explorer 9 snd 10. and the Istest rekased venions at the time of Completion of: Firefox, Chrome, and Safsri. Website bxkend will be compatible with Mternet Explaer 9 snd 1 D and the latest released version at the time of Completion of Firefox. Website msy not be compatible with p�evious w future vcvsions. Website will be optimized ior 1021 x 768 pixels resolution or above.City undersUnds and agrees that the website will be developed with Hypertext Markup language('HTML'), CSS,JavaScript, and Miaosoh ASP.NET('MS-ASP")interfaced with a daWbase uested in Microsoh S�L Server 2012 R2('MS-SQL"). Gity understands snd agrees tfiat the website is derelo�ed to run on s Microsoft Wndows Servar 2012("MS-Satver").visionMobile , h provided u�der this Agreemen4 will be compatible with the latest rel�ased wnions at the tim� ot Compktion of i05 Sa(ui,Android Chrome,and Windows Phone 7 Internet 6cplorer.visionMobik'"may not be compatible with previa�s a (uture vrsions. visionMobik'", if provided under this Agreemmt, shall includa 'Powared by Ysion IntemeY in the footer and always be linked to s City's Initisls_ Convactor's Inidsls� Page B Attachment A Contractw vwb psge. Ciq is r�sporoibk for the costs of aq softwxe licensing. Ciry understands and sgrees that the website 6ontand and conunt mgrated 6y Consultsnt will be desigrwd to be compliant with Section 508 guidelines on accessibiliry u fdbws: Compliance atendards will be verified via Wstchfire's BobbyT" whware and/or SortSite by Powermapper to be compliant to automatic checkpoints piror to Compktion. Ciq understands snd agrees thst websiu bxkend and third psrty took may not 6e S�ction 508 compliant. Conwhant is rot responsibk for content migrated by Ciry or any third party. • Programming - Prognmming of website utilizing responsive design, CSS, HTMLS, ASP.NET,SQL databsscs,Search Engine Optimization • Content and Trsinirg - Content migntion of 50 pages into the new website. Providing guidance cn best proctices for web content writing, formatYng and Isyout. Troining of sUff o� best approxhes for mgrating additionsl content • LDAP IntegraUOn, InVanet, Content Migrstion of 500 pages, Development of design themes ior the (ollowing departmenu: CLEAN, Fire, Library, Pdice and Recreation 5.Qwlity Aswrsnte. pocwnenLtion and Tr�ining Stage Qwlity assurance is a part o(every stage.Cwxultant slall: • Perform extmsive functional ustirg • Review content • Create a custom trai�ing manusl that incorporstes scousl screenshots of naw site . Provide administrator and content editor vsining. Included aro two oo�necutive days ol wnite trainirg. The Vaining will consist of content �tw training and uaining fw advanced adminisuator functiau includirg system canfigixaoon, system msintenance,reporting and sVategies fw fuwre expansion. 6. Launch Staga Conwltant sMll: • Move website to the production sener • Instsll necessary software, configuration changes, and Vamfar oi code and conte�t • Cor�duct fi�al quality asxxsnce process to ensure the site vansferred correctly and to check for broken links, section 508 compliance and others • Make site availabk to the public,with Ciry staff final app�oval Cit�/s Initials_ Contracta's Initiah�� P�ge 9