HomeMy WebLinkAbout2008 CON Vision Internet Providers - City WebsiteAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
VISION INTERNET PROVIDERS, INC.
THIS AGREEMENT is entered into this _15th_ day of
_April , 2008, by and between the CITY OF NATIONAL CITY, a municipal
corporation (the "CITY"), and _Vision Internet Providers, Inc. (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide
Website redesign services.
WHEREAS, the CITY has determined that the CONSULTANT is a
website design firm and is qualified by experience and ability to perform the services
desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to
engage the CONSULTANT and the CONSULTANT hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the
CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services
as set forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONSULTANT shall appear at meetings
cited in Exhibit "A"to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the
CONSULTANT under this Agreement. Upon doing so, the CITY and the
CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 25% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Revised February 18, 2008
Ron Williams, IT Manager hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement.
The CONSULTANT shall assign a single Project Director at the start of the project to
provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on the payment schedule below based on monthly
billings covering actual work performed. Billings shall include labor classifications,
respective rates, hours worked and also materials, if any. The total cost for all work
described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base
amount) without prior written authorization from the Purchasing Agent. Monthly
ilnvoices will be processed for payment and remitted within thirty (30) days from receipt
of invoice, provided that work is accomplished consistent with Exhibit "A" as determined
by the CITY. CITY agrees to pay CONSULTANT according the following payment
schedule:
(i) A payment equal to 10% of the total cost after the first consulting
meeting;
(ii) A payment equal to 22.5% of the total cost upon CITY approval of the
site map;
(iii) A payment equal to 22.5% of the total cost upon CITY approval of
homepage design comp;
(iv) A payment equal to 22.5% of the total cost upon implementation of the
Vision Content Management Tool on a CONSULTANT'S server;
(v) A payment equal to 22.5% of the total cost upon completion of the
website and CITY approval
The CONSULTANT shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "A".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
("Work Product") prepared by the CONSULTANT for this Project, whether paper or
electronic, shall become the property of the CITY for use with respect to this Project,
and shall be turned over to the CITY upon completion of the Project, or any phase
thereof, as contemplated by this Agreement.
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Contemporaneously with the transfer of documents, the CONSULTANT
hereby assigns to the CITY and CONSULTANT thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT
expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONSULTANT shall relieve the CONSULTANT from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
Notwithstanding anything to the contrary herein, Work Product shall not
include the Vision Internet Content Management Tool (also known as the Vision
Content Management Tool, VCMT, VCMS and the Vision Content Management
System), dynamic components, interactive components (collectively, the
"CONSULTANT's Proprietary Tools"), and other materials or components reasonably
designated by CONSULTANT, or any portion thereof, which: (a) have been previously
made available to the public or which is made available to third parties by CITY
hereafter (except through ordinary interface with or use of CITY's Website by members
of the public), and/or (b) which was already in CONSULTANT's possession prior to
services performed under this Agreement ("CONSULTANT 's Proprietary Information").
CONSULTANT shall retain all right, title, and interest in all of CONSULTANT's
Proprietary Tools and CONSULTANT 's Proprietary Information; however, upon
payment in full CONSULTANT hereby grants to CITY a perpetual, non-exclusive,
royalty free license to use for its own use any of CONSULTANT's Proprietary Tools and
CONSULTANT's Proprietary Information that is embedded in the Work Product.
7. INDEPENDENT CONSULTANT. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are
not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
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This Agreement contemplates the personal services of the CONSULTANT
and the CONSULTANT's employees, and it is recognized by the parties that a
substantial inducement to the CITY for entering into this Agreement was, and is, the
professional reputation and competence of the CONSULTANT and its employees.
Neither this Agreement nor any interest herein may be assigned by the CONSULTANT
without the prior written consent of the CITY. Nothing herein contained is intended to
prevent the CONSULTANT from employing or hiring as many employees, or
subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and
efficient performance of this Agreement. All agreements by CONSULTANT with its
subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONSULTANT or any of the
CONSULTANT's employees except as herein set forth, and the CONSULTANT
expressly agrees not to represent that the CONSULTANT or the CONSULTANT's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONSULTANT, its agents, servants, and
employees are as to the CITY wholly independent CONSULTANTs and that the
CONSULTANT's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONSULTANT
represents and covenants that the CONSULTANT shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONSULTANT to practice its profession.
11. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONSULTANT'S trade or profession currently
practicing under similar conditions and in similar locations. The CONSULTANT shall
take all special precautions necessary to protect the CONSULTANT's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
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B. Unless disclosed in writing prior to the date of this
agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a govemmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONSULTANT's
professional performance or the furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONSULTANT has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONSULTANT has notified the CITY
otherwise, the CONSULTANT warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONSULTANT to use due diligence under
this sub -paragraph will render the CONSULTANT liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONSULTANT will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The
CONSULTANT shall treat all such information as confidential and shall not disclose any
part thereof without the prior written consent of the CITY. The CONSULTANT shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
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The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONSULTANT shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach
of this condition, pursuant to the provisions of Section 14.
CITY shall not disclose to any other entity or person any information
regarding the activities of the CONSULTANT, except as required by law, Public
Records Act, or as authorized by the CONSULTANT. CITY will notify CONSULTANT in
writing of any such requests during the term of this Agreement.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising solely out of the CONSULTANT's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONSULTANT shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the Califomia
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONSULTANT under this Agreement.
16. INSURANCE. The CONSULTANT, at its sole cost and expense,
shall purchase and maintain, and shall require its subCONSULTANTs, when applicable,
to purchase and maintain throughout the term of this agreement, the following
insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned and hired vehicles ("any auto"). CONSULTANT represents that it
does not own any vehicles, thus has insurance for non -owned and hired vehicles. If
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Revised February 19, 2008
CONSULTANT acquires or becomes an owner of any vehicle during the term of this
Agreement, then CONSULTANT shall obtain insurance consistent with this provision for
owned vehicles.
C. Commercial general liability insurance, with minimum limits of
$1,000,000 [*combined single limit only applies to auto] per occurrence/$2,000,000
aggregate, covering all bodily injury and property damage arising out of its operation
under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANTS/CONSULTANT's employees
and employers' liability insurance with limits of at least $1,000,000 per accident. In
addition, the policy shall be endorsed with a waiver of subrogation in favor of the City.
Said endorsement shall be provided prior to commencement of work under this
Agreement.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONSULTANT shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment. In addition, the "retro" date must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only Califomia admitted companies
which hold a current policy holder's alphabetic and financial size category rating of
not less than A VIII according to the current AM Best's Key Rating Guide, or a
company equal financial stability that is approved by the City's Risk Manager. In the
event coverage is provided by non -admitted "surplus lines" insurers, they must be
included in the most recent California List of Eligible Surplus Lines Insurers (LESLI
List) and otherwise meet rating requirements, subject to approval by the Risk
Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000
must be disclosed to and approved by the CITY. Any self -insured retentions or
deductibles in excess of $10,000 must be disclosed at the time evidence of
insurance is provided and approved by the Risk Manager.
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17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attomey's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, Califomia, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be bome equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be bome equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONSULTANT. During said 60-day period the
CONSULTANT shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
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the amounts payable hereunder, and less any damages caused the CITY by the
CONSULTANT's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT;
(2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONSULTANT.
F. In the event of termination without cause by the CITY, the CITY
shall pay to CONSULTANT for all services performed to the date of termination. Upon
termination of the Agreement pursuant to this Section, the CONSULTANT will submit
an invoice to the CITY pursuant to Section 4.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
ovemight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by ovemight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
Ron Williams IT Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To the CONSULTANT: Vision Internet Providers, Inc.
2530 Wilshire Boulevard, 2nd Floor
Santa Monica, California 90403
Attn: Steven Chapin
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
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Revised February 18. 2008
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONSULTANT also agrees not to specify
any product, treatment, process or material for the project in which the CONSULTANT
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONSULTANT shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONSULTANT has a financial interest
as defined in Government Code Section 87103. The CONSULTANT represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the
City Clerk of the City of National City in a timely manner on forms which the
CONSULTANT shall obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONSULTANT.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
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F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
L. Additional services not covered in this Agreement and extra hours
will be presented to CITY for approval prior to commencement of work ("Extra Work").
Extra Work will be billed at CONSULTANT's prevailing hourly rates, which are currently
as follows: HTML Programming, Content Migration, $85/hr; Graphic Production $95/hr;
Quality Assurance, Testing, Debugging, Technical Support, Webmaster Services,
$105/hr; Consulting, Project Management, Database Design, Dynamic Programming,
$135/hr; Graphic Design, Training, $125/hr; Straight flatbed scanning will be billed at
$10 per scan. Touch up work to images will be billed at the Graphic Design hourly rate.
CITY shall be responsible for any or all additional fees including, without limitation:
photography, stock images, illustration, fonts, scanning, software, applications, online
promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any
third party vendors if applicable.
M. CITY shall supply all information to CONSULTANT in digital format
including without limitation copy, text, audio files, video files, pdf files, photographs,
artwork and preexisting graphics.
N. CITY understands and agrees that CONSULTANT will develop
website frontend to be compatible with Internet Explorer 6.0 and 7.0 and Firefox 1.5
and 2.0. Website backend will be compatible with Internet Explorer 6.0 and 7.0.
Website may not be compatible with previous or future versions. Website will be
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optimized for 800 x 600 pixels resolution or above. CITY understands and agrees that
the website will be developed with Hypertext Markup Language ("HTML"), JavaScript,
and Microsoft ASP.NET ("MS -ASP") interfaced with a database created in Microsoft
SQL Server 2005 ("MS -SQL"). CITY understands and agrees that the website is
developed to run on a Microsoft Windows 2003 Server ("MS -Server"). CITY is
responsible for the costs of all software licensing.
CITY understands and agrees that the website frontend will be designed
to be compliant with Section 508 guidelines on accessibility. Content migrated into the
website by CONSULTANT will also be compliant. Compliance standards will be verified
via Watchfire's BobbyrM software prior to Completion. CITY understands and agrees
that website backend and third party tools may not be Section 508 compliant.
O. Limited Warranty. CONSULTANT does warrant that all of the
deliverables included in this Agreement will be conveyed to CITY. All programming
code developed by CONSULTANT within the project is warranted for a period of twelve
(12) months from the date of the completion of the website ("Completion").
CONSULTANT will create a back up 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 as it existed at Completion.
If CONSULTANT is maintaining and hosting the website, CONSULTANT shall restore
the website back to its condition as it existed at the day of the most recent backup.
CONSULTANT shall only be responsible for any costs associated with correcting any
unmodified programming code during this twelve (12) month period following the
Completion.
Except as expressly set forth in the immediately preceding paragraph,
CONSULTANT MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A
PARTICULAR PURPOSE WHATSOEVER. In no event, at any time, shall the
aggregate liability of CONSULTANT exceed the amount of fees paid by CITY to
CONSULTANT and CONSULTANT shall not be responsible for any lost profits or other
damages, including direct, indirect, incidental, special, consequential or any other
damages, however caused.
P. CONSULTANT does not warrant any results from the use of any
web pages created under this Agreement, including but not limited to, the number of
page or site visitations, download speed, database performance, or the number of hits
or impressions.
Q. Although CONSULTANT may offer an opinion about possible
results regarding the subject matter of this Agreement, CONSULTANT cannot
guarantee any particular result. CITY acknowledges that CONSULTANT has made no
promises about the outcome and that any opinion offered by CONSULTANT in the
future will not constitute a guarantee.
R. CONSULTANT may use any web pages developed for the CITY in
any of its own promotional materials as examples of its work. CITY agrees that
CONSULTANT may place in the website footer an unobtrusive text link reading
12
Revised February 18. 2008
"Developed by Vision Internet" or the equivalent. CONSULTANT's footer text credit
shall always be linked to a CONSULTANT web page
S. Each Party warrants that it holds all rights necessary to display all
the images, data, information or other items being displayed at the CITY's web pages
during the effective period of this Agreement. CITY expressly authorizes
CONSULTANT to display and/or modify any CITY supplied images, data, information
and other items in connection with the services provided herein.
T. CITY agrees to use the website in strict accordance with, but not
limited to, all local, state, and federal laws. CITY hereby agrees that any text, data,
graphics, or any other material published by CITY on its website is free from violation of
or infringement upon copyright, trademark, service mark, patent, trade secret, statutory,
common law or proprietary or intellectual property rights of others, and is free from
obscenity or libel.
U. Estimated times are included for convenience. Actual times will
vary depending on CITY interaction and participation. However, the Parties agree to
reasonably cooperate with one another in the construction and design of the website in
a timely manner.
V. Neither the course of conduct between the Parties nor any trade
practice shall act to modify the provisions of this Agreement except as expressly stated
herein.
W. Force Majeure. Any delay in the performance by either Party
hereto of its obligations hereunder shall be excused when such delay in performance is
due to any cause or event of any nature whatsoever beyond the reasonable control of
such Party, including, without limitation, any act of God; any fire, flood, or weather
condition; any computer virus, worm, denial of service attack; any earthquake; any act
of a public enemy, war, insurrection, riot, explosion or strike; provided, that written
notice thereof must be given by such Party to the other Party within ten (10) days after
occurrence of such cause or event.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
B
APPROVED AS TO FORM:
VISION INTERNET PROVIDERS, INC.
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship - one signature)
Bv:
13
ame)
(Title)
Revised February 18, 2008
r) al By: gy-Q.- CLL.--w
George H.,Eiser, III (Name)
City Attomey
Sc ce-�.ry
(Title)
14
Revised February 18, 2008
Exhibit A
Scope of Work
Following is the Scope of Work for the City of National City's ("City") website to be
performed by Vision Internet ("Contractor"). In this document the words "we," "us,"
and "ours" refer to Contractor. The word "you" refers to City.
Implementation of the website will include:
❑ Attractive Design: A website design that reflects the City, draws people in, and
makes it immediately obvious that the website is the best place to get
information and access resources.
❑ Intuitive Navigation: Information should be easy to find with the most
important information accessible from the homepage to make it easier for
website visitors.
❑ Content Management Solution: Contractor will implement the Vision Content
Management Tool (VCMT) to facilitate management of content to non -technical
staff throughout the City.
J Integrated Interactive Components: Interactive components should be
implemented to make the website more engaging and useful for users by
allowing them to quickly zero -in on the information most important to them.
❑ Integration of Third -Party Tools and Databases: Tools and databases should
be used to enable citizens to access government services at anytime and from
anywhere.
Each of these recommendations is discussed in more detail in the sections that follow.
Attractive Design
City will have a design that makes it stand out among cities on both a regional and
national basis. The City's website will be inviting, easy to use, and will reflect your
unique identity. This will be accomplished through the following design characteristics:
❑ Creative design that incorporates custom design elements and the most
important information and keeps both easily accessible from the homepage.
❑ Photos and collages of recognizable landmarks, scenery of the City, and the
local area.
u Consistent look and feel throughout the site to make it easier for website
visitors to navigate the site and find information they need.
a Use of Cascading Style Sheets to ensure future consistency as well as separation
of content and design. This makes it much easier to apply a new design theme
in the future without the need to redevelop the underlying website.
❑ Section 508 Compliant making it accessible to persons with disabilities.
u Easy to use drop down menus helping users to quickly understand navigation
and locate information with the least amount of clicks.
City's Initials
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Exhibit A
❑ Breadcrumbs showing the user's current path to let them know exactly where
they are on the website.
Intuitive Navigation
For your website, we recommend organizing information by department, topic, and/or
target users. Contractor's approach allows users to find information in the variety of
ways that are most important to them. This is because content is available through
multiple "paths" making it simple for users to search the site regardless of their
preferred method.
Registration with Popular Search Engines
As a part of our services, Vision Internet will register your website with all the most
widely used search engines, putting you a step ahead of most other local government
websites.
Content Management Solution
The City's website will utilize VCMT which was created in Microsoft ASP.NET and SQL
Server. Upon final payment, Contractor will provide City with the source code for City's
own use.
ADMINISTRATION TOOLS
VCMT provides City with a dynamic website where you have the ability to modify
content on any page in the website through simple and easy to use administration
screens. Additionally, you can add new pages and insert them into the navigation of
the website. This allows you to continually grow your website over time, without
ongoing maintenance fees.
VCMT includes a number of functions that make it extremely easy for your non-
technical staff to manage website content. The most important include:
• Browser -Based Administration that allows for easy management of content by
anyone who is familiar with surfing the Internet and using basic word processing
programs. There is no need for your staff to know programming when updating
content. This allows authorized staff members to update, delete, and create
new pages based on a predefined template, and insert them into the website's
navigation.
J WYSIWYG Text Editor that is based upon standard document creation tools
that make it easy for your non -technical staff to edit and format text. With the
WYSIWYG (What You See Is What You Get) editor, they can change font styles,
colors, sizes, and formatting such as bold, italics, and underlining.
- Content Approval Cycle that allows staff persons to create content that passes
through multiple levels of review and approval before going "live."
❑ Automatic Alt -Tags for images ensuring future Section 508 compliance.
❑ Automatic Image Resizinq to convert those large high -resolution photos from
digital cameras into web -ready images.
2
City's Initials
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Exhibit A
u Undo, Redo, and Trashcan tools giving you the ability to recover from mistakes.
• Styles that can be applied to such elements as text, headers, and lists, thereby
enabling you to create web pages with a consistent look.
❑ Paste Text from Microsoft Word to make it easier to add content to the website
while stripping MS Word formatting and converting it to HTML.
u Spell Check to help you create content that is free of any embarrassing spelling
errors.
❑ Search and Replace tool that replaces a word or phrase within the page.
❑ Secure Administration that offers password protection to content management
functions. Our sophisticated tool allows you to grant management rights to
specific users or groups of users. Administration rights can be granted to the
entire site or restricted to specific areas or types of content (i.e. by
department).
J Single -Source Web Publishing that permits administrators to update a single
web page and reflect those changes on multiple pages throughout the site.
u Navigation Control that allows you to add new pages or move pages anywhere
within the website.
u Page Linking that enables you to easily create links to any page in the website
or to other websites.
• Email Address Masking which prevents spammers from getting the email
addresses of your employees when crawling your site.
u Document Central that allows for the storage of a single version of each
document in a central place and for them to be linked to virtually any page in
the website.
❑ Image Libra�r r that stores a single version of each image in a central place and
subsequently adds them to virtually any page in the website.
u Content Scheduling to save time and money. This allows all standard pages and
specific predefined component content to be setup to publish ahead of time
and be automatically removed or archived when it will no longer be relevant.
This will save your staff time from having to be notified of when pages are
outdated and having to remove them manually.
u Printable Pages that enable your website visitors to print out virtually any page
on the website for reading offline.
Included Interactive Components
In addition to the creative design, effective navigation, and easy to use VCMT, we will
provide the City with interactive components for managing special types of content.
The Interactive Components to be utilized are:
.i Approval Cycle ❑ Image Library
• Calendar u Job Postings
J Document Central u News and Newsletter
-3-
City's Initials_
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Exhibit A
• Dynamic Homepage u Site Search
❑ Dynamic Department Homepages i Sitemap Generator
• Forward to a Friend u Staff Directory
• Frequently Asked Questions
Each of these interactive components is described in detail below.
Customization of the Vision Content Management Tool includes the frontend graphic
design and layout as well as adding or subtracting fields for your specific needs.
APPROVAL CYCLE
For websites where content authorship and updates are distributed throughout an
organization's departments, it is helpful to implement the Approval Cycle where
content updates and changes do not go live on the website until one or more persons
have approved them.
This allows you to segment the management of content by groups of users (such as
departments), in addition to types of content as determined by the interactive
components. It is extremely flexible allowing you to define as many workflows as you
require with as many steps in the approval as you deem necessary. Most clients have
one workflow per department with up to four or five steps in each.
CALENDAR
An interactive Calendar is a staple of local government websites and is an essential tool
for your site's success. The Calendar can be used to improve attendance at your events
and meetings by making it easier for users to find the types of events important to
them. It can also be implemented in a user-friendly monthly or yearly format. To assist
users further, the Calendar has filtering tools that allow them to find information by
month, category, or even departments. This makes it quite easy to locate specific
information.
Our Calendar contains a number of advanced functions including:
u Recurring events function
u HTML editing capabilities (including ability to include photos and links)
• Automatic archiving
• Integration with optional e-Notification
• Ability to create and assign filtering categories to events.
• Ability to restrict use of categories by specific staff.
• Ability to control which events to include on the homepage of the site.
• Ability to insert Calendar pages anywhere in the site navigation.
u Ability to apply different Calendar formats including standard monthly Calendar
and a listing of events.
❑ Automatic RSS feed.
4-
City's Initials_ -
Contractor's Initials V
Exhibit A
NOTE: With the optional e-Notification tool, calendar information may also be
broadcast to subscribers via email.
DOCUMENT CENTRAL
One of the main reasons people visit a local government website is to get information
and download important documents and forms. With the Document Central, website
visitors can easily find the information they need, and you can slash printing and
distribution costs for all types of documents.
Based on our extensive experience in content management, we recommend a
centralized location for all documents. This allows website visitors to browse for
documents from a single, categorized location as well as to access information from
individual pages within the website. Furthermore, it allows easier administrator
management of files, thus preventing confusing links and ensuring there are not
multiple versions of the same document throughout the site. To prevent broken links in
the website, the Document Central prevents deletion of linked documents and
provides a complete list of pages linking to the document to simplify website
administration.
We recommend all documents be stored in Adobe Acrobat PDF format to enable
everyone to view them, regardless of platform. However, you may upload most types
of files including Microsoft Word, Excel, graphics files, and audio or video clips.
DYNAMIC HOMEPAGE
It is important on a city website to list the most current news, press releases, or events.
This keeps the community informed while ensuring the website is fresh and timely. It
also exposes website visitors to important information they may not necessarily be
looking for.
A Dynamic Homepage automates this process for your staff by displaying the most
recent information and automatically removing it when it is no longer relevant. It will
save your staff time while guaranteeing that your homepage is up-to-date.
Please note that the Dynamic Homepage includes an emergency homepage notice.
The notice would prominently cover the main area of the homepage so users would
not miss it.
DYNAMIC DEPARTMENT HOMEPAGES
While the Dynamic Homepage would provide information for the City overall, the
Dynamic Department Homepages would provide the same functionality for individual
departments. The system will be implemented in a way that information could be
posted on both the main homepage and a department homepage simultaneously
without duplication of effort. We will also provide a graphical banner that can be used
for any page on the site. Since we will provide you with the original design work, your
staff will be able to create distinct banners for individual departments or programs. As
an option, we can provide more banners for an additional budget.
City's Initials_
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5
Exhibit A
The screenshots below show the City of Manhattan Beach's homepage, which lists
current events, and the Police Department's homepage, which automatically lists
department specific news and which has its own distinct banner.
ww.ylima. aOvum
11.
...
News and events are
automatically added
to the homepage and
the department
homepage.
•
Figure 1 The City of Manhattan Beach's Figure 2 Dynamic Dept. Homepages
homepage automatically lists upcoming events. automatically lists a department's current news
or events.
FORWARD TO A FRIEND
With the Forward to a Friend component, you can flag individual pages as available for
forwarding to a coworker, friend or colleague. Additionally, the interactive components
will automatically have a button for forwarding to a friend. The simple form asks for
both the sender and recipient's email addresses and, if they care to, allows comments
to be sent with the page link. The recipient will receive a short email from their
colleague directing them to a specific page on your website. This tool empowers your
online visitors to share information from your website that they find particularly useful.
FREQUENTLY ASKED QUESTIONS
Frequently Asked Questions (FAQ) are a website staple that visitors have come to
expect. While traditional FAQs consist of long lists of questions that may overwhelm
users, our component provides a simple and easy way for them to find the information
they need. Website visitors are able to browse the list of questions (and answers) by
categories you define. Multiple categories may be assigned to each question so that
your visitors will be able to find answers based upon the category that best matches
what they are looking for. Questions and their associated answers are submitted
through a simple and centralized interface. Our tool does the rest!
IMAGE LIBRARY
The Image Library is a centralized place where all images used in the website are
stored. This saves space because only a single version of each image is used on the
City's Initials
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6
Exhibit A
entire site. This also provides greater control, as you can restrict the ability to add new
images to specific staff members within your organization. Images remained archived
when deleted to prevent accidental broken links within the website while the content
management tool tracks all pages using individual photos to make it easier for you to
replace images in individual pages.
The Image Library also incorporates several tools that make managing images much
easier. They include automatic scaling and sizing of photos to the maximum size
recommended for your website plus automatic alt-tag insertion for images added to
pages to ensure future Section 508 compliance.
JOB POSTINGS
Job Postings is one of the most popular types of content on local government
websites. By posting jobs within the site, you are both attracting possible candidates
and averting the flood of telephone inquiries about positions that do not exist. This, of
course, keeps your administrative costs down.
Our Job Postings tool makes posting jobs a snap. Your HR staff simply fills out a form
that can have any number of fields you define (such as position, department, salary,
and benefits). Staff can schedule when postings go live on the website and when they
expire, thus simplifying the process and reducing your administrative time and costs.
To make it easy for users, postings can include interactive tools for filtering available
positions by category, type of position, posting date, and salary. As is normal for all our
components, your staff is able to define the categories or classification of Job Postings.
NEWS AND NEWSLETTER
By posting news on your site, you will improve communication with your target
audiences. Our experience is that news can take many forms, including press releases,
newsletters, feature stories, and "what's new" content. With our News and Newsletter
component, each of these types of news can be implemented onto a single section of
the website or have their own separate area. To ensure usability for website visitors
while providing simplicity for staff, news content is automatically moved to an archive
section at a predefined interval after publishing. Website visitors can browse the
archive by category and date range. Additionally, RSS feeds of the News and
Newsletters are automatically available to website visitors.
NOTE: With the optional e-Notification tool, news information may also be broadcast
to subscribers via email.
SITE SEARCH
Site users can find the specific content they need through the powerful search engine
dtSearch. The tool will search both HTML pages and documents such as Adobe PDF
files and Microsoft Word documents. It will return results in order of relevance based
upon frequency of search words in the page content or metadata. In an optional,
advanced mode implementation, dtSearch supports full Boolean keyword searches.
This third -party software needs to be installed on the web server.
City's Initials
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7
Exhibit A
SITEMAP GENERATOR
Some people prefer to navigate from a central sitemap where they are able to quickly
see a snapshot of the overall website structure. Additionally, visually impaired people
often use the sitemap as their principal source of navigation because it is much faster
for their screen reader software to move through this than other navigation pages. The
Sitemap Generator makes it easy for website visitors and staff alike by automatically
generating a sitemap based upon the current site hierarchy. When a change is made to
a page location on the website, it is automatically updated on the sitemap. This
ensures up-to-the-minute accuracy, and is much easier than staff having to maintain a
static sitemap.
STAFF DIRECTORY
It is often difficult for website visitors to find the correct person to contact in a
government agency. However, the useful Staff Directory component greatly simplifies
this search. It can list all staff persons, departments, even related agencies and
partners, along with their contact information and description of their role or area of
specialization. Your website users will love the convenience, simplicity, and
accessibility; they can easily filter the list of staff based upon name, department, or
other criteria determined to be important to them.
Additionally, your staff will be pleased that they can make their email addresses
available to others without exposing their contact information to spammers. Our tool
"masks" email addresses so that email -harvesting software used by spammers cannot
automatically extract them from your website.
-8
City's Initials_.
Contractor's Initials
Exhibit A
Optional Interactive Components
Contractor creates custom solutions; therefore, we are able to offer you virtually any
conceivable type of function. Below is a sampling of other components available to
you. Because our content management tool is so flexible, you may add these at any
time in the future for an additional budget.
Business Directory
Custom Online Forms
Design Themes
Document Central PDF Converter
e-Notification
Event Registration
Extranet (Members Only)
Facilities Directory
Form/Survey Tool
Intranet
Most Popular Pages
BUSINESS DIRECTORY
One way to promote local
businesses is the use of a Business
Directory in the City's website.
This supports local industry and
businesses by increasing their
ability to reach a
national/international market
while at the same time making
residents more aware of them.
When you list businesses on your
website, their individual websites
will automatically have higher
placement in search engines
because of your link to them;
websites linked to government
websites are given higher
placement by many search
engines like Google. For some
types of businesses, this could
make a significant difference.
❑ Multilingual Translation
❑ Officials' Corner
• Online Payments
• Photo Gallery
❑ Polling Tool
❑ RFP Postings
• Separate Site
❑ Service Directory
❑ Weather Update
• Zoomable Map
Business Directory
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The Business Directory would be an interactive index of local businesses. Your staff
would post a business's name, description, location, contact information, links to their
sites, and, if available, a graphic (i.e. logo or photo). Users would then be able to
browse an alphabetical listing of these businesses or filter the directory based upon
City's Initials
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Contractor's Initials 5..,/
Exhibit A
categories you define. The search results would list all businesses by the information
entered by staff.
CUSTOM ONLINE FORMS
Online forms are a great way to collect information from your website visitors. While
our Form/Survey Tool supports creating basic online forms, we are able to generate
more advanced Custom Online Forms that can perform complex validations,
calculations, and integration with Online Payments.
The budget for creating online forms is based upon the actual time required for
programming the forms and/or integrating them with existing databases. As part of
our consulting process, we will evaluate forms to be added to the website, and provide
you with a quote for implementing the advanced forms.
As an option, Custom Online Forms can have the information stored in a database. We
will provide you a fixed quote for these forms after we better understand your needs
during the consulting stages of your project.
DESIGN THEMES
The Design Themes tool allows you to give subsections of the website their own
unique look and feel while providing overall navigational and page layout consistency
for your website visitors. The navigational and page layout consistency will make
navigating the site easier for your users; the structure will remain the same throughout
the website. At the same time, however, by being able to apply different graphic
designs and color schemes to different sections, you can incorporate distinct branding
elements into a single website. To make it easy for your staff, they can simply select the
design theme to be applied to the page from a list of available options that Vision
Internet defines for the content management tool. Included in this budget are three
design themes; additional themes will be billed at our hourly rates.
Below are examples from the StopWaste.Org website. Different templates are used for
promoting branding of individual
programs. Templates include unique
banner collages and color themes.
Navigation remains consistent
throughout
the site.
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Figure 2 The StopWaste.Org website incorporates different Design Theme templates to support
branding of individual programs. From left to right: Bay Friendly program, Residents section of site, -
Green Buildino oroaram.
Exhibit A
DOCUMENT CENTRAL PDF CONVERTER
The PDF Converter simplifies conversion of common file formats to PDF and cuts costs
because you do not need to buy and install Adobe Acrobat for your staffs' desktops.
Completely integrating with the Document Central, the PDF Converter will prompt the
user if they want to convert the file into a PDF. The third -party conversion tool will
automatically convert the file into a PDF and add it to the Document Central in a
single, seamless step.
We will be integrating a third -party tool into the content management tool and
performance may be an issue in converting large files or when multiple users attempt
simultaneous file conversion.
E-NOTIFICATION
Increase communication, draw in more repeat users, and get important information out
more quickly, using our email based e-Notification tool. Our tool provides a sign-up
box allowing users to add their email addresses to receive important notices, and set
their preferences for the e-Notifications they would like to receive. Each registration is
verified via a confirmation email that the user must respond to in order to complete the
registration process. This same mechanism allows each user to change preferences
including opting out from subscription lists.
To better manage the e-Notification process, your staff can see how many subscribers
there are for each category, plus edit subscriber information and export the subscriber
database for use in other systems.
The best part about our e-Notification tool is that it also integrates with the Calendar
and News and Newsletter components, giving you the ability to broadcast event and
news content from your website to your subscribers. There is no need to recreate the
content. This integrated approach enables your users to sign up for different types and
categories of content on a single subscription page in order to have it delivered
directly into their email box.
EVENT REGISTRATION
You will be able to increase attendance at your events by making registration simple
and easy with the Event Registration tool. Because the Event Registration tool
integrates with our Calendar, it makes browsing available [classes and programs] a
snap. Additionally, the tool will save your staff time by allowing them to easily add
events and to print rosters of people who have signed up for specific events.
When your staff adds a new event into the Calendar, they will set a flag indicating that
it allows for online registration. They will furthermore define the price for the event and
the maximum number of attendees. When the user views an event in the Calendar that
they can register for, they will see a link in its description which leads to a registration
form.
More advanced functions and features, such as credit card processing, variable pricing
models, or stored user profiles will require additional fees.
City's Initials
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Exhibit A
We implemented this for the Minnesota Office of Secretary of State, Northern Indiana
Workforce Investment Board, and California Association of Public Information Officers.
However, there are no events posted at this time that require registration. A
demonstration is available upon request.
EXTRANET (MEMBERS ONLY)
Vision Internet can implement an Extranet where restricted content is integrated into
the main city website. The restricted content is not viewable by users until they log into
the website (i.e. designated staff or elected officials). Once they log in, they will see the
additional content within the menus or as an additional section to the main website.
When implementing the Extranet, you may want to have different levels of information
access. With our Extranet tool, you can define an unlimited number of groups such as
designated staff, executive management, and elected officials. Registered users can
belong to any number of groups and any number of groups can be associated with
most pages in the Extranet. Once implemented, the website visitors will need to log
into the website using a username and password to view the secure pages.
The basic Extranet tool includes functionality to restrict viewing pages in the navigation
of the website. Additionally, the tool offers the ability to restrict viewing content in
News and Calendar. An additional fee applies for implementing Extranet functionality
within other interactive components.
FACILITIES DIRECTORY
The Facilities Directory provides citizens with a listing of all types of facilities in the
community. Site users are able to search the listing by type (such as Churches, parks,
and schools) amenities (such as swimming pool, meeting rooms, and kitchen), and
capacity. It is great for residents that need to find space for all types of activities.
Because the tool is designed to list all facilities in the community, it has a registration
form where organizations can put in the necessary information about the facility they
have available. Entered information does not become live on the website until after
website administrator approval.
For an additional cost, this tool could also be modified to provide for online facility
reservations depending upon your
specific needs.
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Exhibit A
FORM/SURVEY TOOL
Interactive forms are the
staple of an effective
government website. They
allow users to communicate
and interact with their
government at convenient
times. Vision Internet's
Form/Survey Tool can be used
for asking questions, getting
feedback, or submitting
applications. Keep in mind
that these online forms can be
used for replicating most
paper forms in the City,
including service requests.
The Form/Survey Tool also
provides you with the ability
to easily create your own
online surveys and track the Figure 3 The Form/Survey Tool lets you create forms and
results in real-time. In contrast surveys where the results are stored in a central database
to the traditional paper survey and interactive reporting tools let you create graphical
approach, online surveys are representations of the responses.
more convenient because they
eliminate the time and expense of mailing back responses. Furthermore, you can
display the results in several formats, including graphical representations. This allows
your staff to aggregate the responses and view them in report format.
The tool supports fill in the blank, multiple choice, multiple select, and ranking type
questions. It also has an export function so you can analyze the results using Excel or
any other program capable of importing CSV files. This is a third party tool, so only
graphic design may be customized and the Approval Cycle functionality is not
available.
INTRANET
While the public website will enable you to improve your communication with people
outside your organization, the intranet will serve as the main source of information for
your employees. It will have its own unique homepage, navigation, and design. The
design will be based upon the approved public website design; however, it may
include its own color scheme, collage, and homepage layout. On the following page is
an example of the website and intranet as implemented on the City of Lancaster site.
In implementing your intranet, we would take the following steps:
u Complete your main website project
u Replicate the main website including all components such as calendar, news,
etc.
- 13 -
City's Initials
Contractor's Initials 5."/
Exhibit A
• Implement the approved intranet design
• Migrate or add pages as required'
❑ Launch the website behind a firewall so as to make it inaccessible from outside
your internal network'.
In this approach, the content in the website and the intranet plus all management tools
would be separate; however, the intranet will pull public events and news content from
the main website as needed so that you do not need to duplicate this type of content.
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Figure 4 Bottom image is of the City's website while top image is of the City's intranet.
MOST POPULAR PAGES
Most Popular Pages is a unique and innovative way to navigate the website and quickly
find information. Based on the premise that people tend to want the same information
as other users, the Most Popular Pages tool dynamically and automatically creates a list
of the most popular pages of the website and displays links to them on the homepage
or on a separate page of the site. The list is interactive so that users can filter it by
department, topic, or service and quickly locate information of interest.
' Includes up to 50 pages; additional pages may be migrated for an additional budget.
2 For users to access the intranet from outside your network, they may need to use a VPN to
access your network prior to accessing the intranet.
City's Initials
Contractor's Initials ci
-14-
Exhibit A
MULTILINGUAL TRANSLATION
Vision Internet can help manage the translation of content into languages such as
Tagalog and Spanish, using our partner Inline Translation Services, Inc. Once the
website content has been finalized in English and the content that needs to be
translated has been identified, Vision Internet will provide a cost quote for the
translation in the form of a not to exceed dollar amount included in the quote.
OFFICIALS' CORNER (BLOGGING TOOL)
Your elected officials will love having the ability to communicate directly with the
community, and your residents will appreciate seeing regular updates from those that
serve them. The Officials' Corner enables your elected officials to inform constituents
about what is happening in the community and the projects in which they are involved.
Posting updates is simple and secure through the content management tool.
Furthermore, website visitors can browse through bios and information about serving
officials. They can also read current messages or scan through the site's archive of
updates. A staff member can easily add or remove officials following an election that
results in turnover.
ONLINE PAYMENTS
The Online Payments functionality is a core tool integrated into the content
management tool, and used by other components requiring online transactions. It
would include integration with an online transaction service where transaction
information would be transmitted securely to a third -party vendor. This vendor would
then process the credit card or e-check and transfer the funds from the transaction to
your bank account.
A recording of each transaction is logged into a local database for reconciliation with
the transaction report made available from the vendor. Transactions recorded within
the central database would also be associated with the transactions by different
applications using the tool. For security reasons, however, credit card information will
not be stored into the database. This is an add -on to payment related functions and
forms. The types of custom forms that may be beneficial to you are:
a Bill Payment
3 Permit Applications
Ticket Payment
J Other Transactions
Transaction based forms and/or functions are an additional cost beyond the Online
Payments tool.
PHOTO GALLERY
Nothing spices up a website like pictures. With our Photo Gallery component, your
website visitors can browse through images of your beautiful city and its exciting
City's Initials_
') Contractor's Initials (/
-15-
Exhibit A
events. Users can view photo albums defined by your staff, and either look at images
via thumbnails or a slide show.
While you can setup the basic photo albums with our content management tool, the
Photo Gallery component includes several tools to make administration much easier.
Simply upload the image to the new album and add a caption; thumbnails are
automatically created and added to pages based upon the predefined template. In
addition, to ensure accessibility and Section 508 compliance, the necessary alt-tags are
automatically added to each photo. What a great way to save staff time while livening
up your website!
You can see this tool at www.columbiacountvcia.gov/home/index.asp?page=3161.
POLLING TOOL
Online polling is a great way for users to express their opinions about issues important
to 3CMA members. The Polling Tool allows site users to vote in online polls and see
the results instantly so that they can measure the responses of other members. Your
staff will be able to easily create their own polls with questions about conferences,
regional meetings, or other topics which site users would be interested in. Polls can
appear on the homepage of the site where users can easily find them, as well as on a
centralized page for all of your website's past and current polls. This is a third party
tool so the Approval Cycle functionality is not available.
RFP POSTINGS
To make future Requests for Proposals simpler, easier to manage, and more cost
effective, the website can include an RFP Postings where they can be posted along
with amendments and updates.
Potential vendors can download RFPs in a PDF format. Because RFPs are time
sensitive, you can schedule when the RFP posting would be live on the website and
when it would be removed, thus ensuring your website is kept up-to-date with minimal
staff time required.
SEPARATE SITE
- 16 -
City's Initials_. _.
Contractor's Initials 9✓
Exhibit A
The Separate Site would provide a department with its own individualized and
attractive homepage tailored specifically to your users needs. This includes a
navigation and design that draws on all of the experience and expertise of Vision
Internet's web development team while following the main website's structure.
Furthermore, this Separate Site would have all the same functionality as your main
website since it would use the same backend and have all the same interactive
components.
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Figure 4 The Separate Sites shown above: the City of Grants Pass and their Visitor's
Bureau.
Depending on the work needed and the specific demands of the City, the price for a
Separate Site would range from $10,000 to $15,000. During your project's consulting
process, we will be able to better realize the specific needs of the City and determine
an exact budget that maximizes your investment.
SERVICE DIRECTORY
Key to serving your community is making it easy for them to find the services they
need. While we generally recommend organizing information by topic or service in
addition to by department and target audience, the interactive Service Directory allows
users to filter or search a list of services by category, department, and keyword, thus
simplifying the entire process.
For each service in the directory, you can provide a title and description plus associate
the service with contacts in the Staff Directory. You can then establish links to the
correct form in the Service Request system, thus allowing your user to move from
information about the service to actually filling out the form to request the service.
City's Initials
Contractor's Initials
- 17 -
Exhibit A
WEATHER UPDATE
Weather information is often important to visitors of government websites. By offering
the local weather on your own site, your online users will come into the habit of
regularly visiting it and thus become more familiar with the City and all that you have to
offer them. There are two options on how to display weather reports, and both pull
data from a third party website (i.e. The Weather Channel). The first will allow you to
display weather within a predefined template (which requires you to use their graphics
and provide a reference and link to their website). The second option allows you to
customize the design of the Weather Update to better fit within your website. While
the first option requires no ongoing fee, the second requires a nominal monthly fee.
ZOOMABLE MAP
There are a number of different ways that Vision Internet can implement this
component. We recommend integrating the Google mapping system, and you can see
an example of this at the Columbia County, GA site, where we did a zoomable map
showing their park locations:
http://www.columbiacountyga.gov/I ndex.aspx?page=3637
Because this has been implemented in different ways for different clients, this is a
component we could discuss in more detail during our extensive consulting phase. This
way, we can better assess your organization and community's needs. Rest assured that
regardless of how you chose to implement this tool, we will provide you with a solution
tailored specifically for your community.
Integration of Third -Party Tools and Databases
Today, there are many advanced tools for such functions as:
a Class Registration
a e-Commerce
• GIS Mapping
u Permitting
u Service Requests (CRM)
u Streaming Video
• Wikis
u Others
VCMT can easily work with these tools, provided they are web -enabled. Most of these
types of tools can be given the same look and feel as your main website via
modifications to the presentation template. For your project, we will provide you with
an HTML template that vendors of these third -party tools can use. We will also
integrate links to these third -party tools into the overall website navigation. There are
many examples of where we have used this approach, including the Cities of College
Station, TX; Diamond Bar, CA; Citrus Heights, CA; and many others.
City's Initials
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- 18 -
Exhibit A
Additionally, we are able to create web -interfaces for your third -party databases.
Examples of previous projects where we have done this include displaying tax records
that were exported from a main frame for Vanderburgh County, IN; displaying crime
statistics from California State databases for the City of Citrus Heights, CA; displaying
travel options from various databases for several airlines including United; and
displaying staff and student contact information from school databases for the UCLA
School of Law.
These are just a few examples of our extensive experience working with third -party
databases and systems. While interfaces to third -party systems are not included within
the budget, they are available for an additional fee. We can provide a firm quote for
interfaces after analyzing the databases and requirements during the consulting phase
of your project.
The Vision Process
Contractor's process consists of six stages. In each, there are formal review and
approval points to give you full control of the project and ensure the final website
meets your expectations. This process is explained in the sections below.
Stage 1: Vision Stage
In the Vision Stage, we work with you to create the vision for your website now and for
the future. The Vision Stage places heavy emphasis on the objectives of the website
and how it supports your overall organizational goals.
To create the vision, we will:
:i Prepare and tabulate surveys of key decision makers. The survey will focus on
goals and objectives, what is good and bad about your current site, examples
of sites you like, and many other topics.
u Review your existing website and the websites of other cities.
o Study examples of other websites you like.
u Hold a brainstorming session with your web team.
• Collect all content and materials for the new website.
The heart of this stage of the project is the brainstorming sessions where we discuss
your current website, the results of surveys, the needs of users and staff, and possible
approaches for the future. This serves to gain insights and create general support for
the project. We will also discuss operational considerations for once the website
launches. This operational discussion will be a two-way dialog where you provide us
information about the operational needs of the City and we share with you our
experience and knowledge based upon the best practices we have discovered over the
years.
Stage 2: Concept Stage
In the Concept Stage, we will create the blueprint for realizing the vision. To do this,
we will develop the site infrastructure that includes:
- 19 -
City's Initials
Contractor's Initials b/-.."/
Exhibit A
u Creation of a navigation strategy that supports easy access to information.
❑ Categorization of pages according to the navigation strategy.
u Creation of a conceptual sitemap. The navigation or information architecture
will take into account your current needs plus allow for future expansion and
growth.
u Recommendation of interactive components to support easy navigation
through special types of content, such as events and news.
• Drafting of a homepage layout wireframe that shows the placement of key
information and dynamic content.
The Concept Stage will end with your approval of the sitemap and homepage layout
wireframe.
Stage 3: Design Stage
In this stage, our creative team will continue with the creative graphic design for your
homepage, based on the approved homepage layout wireframe. Our creative ability
and expertise will allow us to develop compelling graphic design to make your website
look great, while maintaining its usability. We will work very closely with your staff to
establish a look and feel for the website that reflects your unique identity.
Website/Graphic Design will include:
❑ Up to three homepage design concepts to establish direction.
• Design of custom icons, buttons, screen elements, and backgrounds, if desired.
u Efficient and streamlined navigation and site architecture.
u Optimization for speed.
❑ Section 508 Accessibility Compliance.
• Consistent graphics, structure, and navigation design.
Towards the end of this stage, we will present final homepage design concepts for
your approval. You will select one for implementation in the new website.
Stage 4: Development Stage
This stage includes the interior page design and programming the website according
to the approved specifications and creative design. Programming will include the
implementation of the content management tool and development of the interactive
components. Our creative team will give direction for the sub -level page design.
Though we do not create content as part of our services, we do include in the scope of
your project the migration of up to 200 pages into the new website.
Stage 5: Quality Assurance, Documentation, and Training Stage
While quality assurance is an integral part of every stage of the project, in the Quality
Assurance Stage we do extensive testing and reviewing of the website code. We will
thoroughly follow an exhaustive checklist of all pages and functions created during the
City's Initials
Contractor's Initials
_20_
Exhibit A
development stage. We recommend that you have a staff representative participate in
this process to verify the site fulfills the expectations for the project.
Within this stage, we will also provide a one day training consisting of a session for
each department's content author in addition to an overall system administrator. For
content authors, we will train them on how to create and update content using the
content management tool and for the administrator, we will instruct him/her on
managing security, system configuration, and other advanced topics. A custom training
manual and reference is provided for updating the website. The manual incorporates
screenshots from your website, making it easy for staff to understand and use.
Stage 6: Launch Stage
In the Launch Stage, the website is moved to the production server. In the event that
Contractor is not hosting the website, the City will be responsible for setting up a
Windows Server running IIS and MS SQL Server. Contractor will install other necessary
software specified by Contractor, make necessary configuration changes, and transfer
the code and content. We again go through the final quality assurance process,
ensuring the site transfers correctly. After you approve that the website is ready to
launch, the website will be made available to the public. We will continue to monitor
the website over the next three months to make sure that the entire site is functioning
properly.
Project Schedule
The table below shows our recommended development and launch schedule along
with a list of key deliverables/milestones.
Vision Stage
• Stakeholder surveys
u Brainstorming session
Concept Stage
❑ Conceptualized sitemap
❑ Homepage layout wireframe
Design Stage
u Up to three homepage design comprehensives
u Custom icons, buttons, screen elements and backgrounds
❑ Complete navigation design
2 — 4 Weeks
The City will need to provide remote access to the server during the setup and configuration
of the website, or be prepared to perform the setup under the direction of Contractor's
technical staff. In this case, additional fees may apply.
- 21 -
City's Initials
U
Contractor's Initials
Exhibit A
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Development Stage
❑ Programming of the website
❑ Migration of up to 200 pages of content
4 — 9 Weeks
Quality Assurance and Documentation Stage
u Completed website
u Customized training manual
u Onsite training
2 — 3 Weeks
Soft Launch & Final Launch
❑ Move website to production server
u Continued final testing
u Website goes live
2 Weeks
Total estimated time to launch
15 — 26 Weeks
* The schedule may vary largely depending on optional components and participant
decision times.
City's Initials
Contractor's Initials
- 22 -
Exhibit A
PRICING SCHEDULE
Please note that this budget includes our non-proprietary content management tool, as
well as our Approval Cycle, Calendar, Document Central, Dynamic Homepage,
Dynamic Department Homepages, Forward to a Friend, Frequently Asked Questions,
Image Library, Job Postings, News and Newsletter, Site Search, Sitemap Generator,
and Staff Directory.
Consulting
51
$135
$6,885
Project Management
32
$135
$4,320
Design
52
$125
$6,500
Design Production
20
$95
$1,900
Dynamic Programming
108
$135
$14,580
HTML Programming
15
$85
$1,275
Content Migration
33
$85
$2,805
Quality Assurance
24
$105
$2,520
Training/Documentation
41
$125
$5,125
Total not to Exceed
$45,910
Optional Components
Below is pricing for these options:
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Business Directory
$4,422
Custom Online Forms
Est. $600 per form
Design Themes
$5,720
Document Central PDF Converter
$4,980
e-Notification
$5,295
Event Registration
$4,730
Extranet (Members Only)
Est. $6,000
Facilities Directory
$4,584
Form/Survey Tool
$2,000
Intranet
$12,000
Most Popular Pages
$3,352
Multilingual Translation
TBD
Officials' Corner
$4,422i
City's Initials
Contractor's Initials
-23-
Exhibit A
Online Payments
$3,832
Photo Gallery
$4,420
Polling Tool
$1,000
RFP Postings
$4,422
Separate Site
$10,000
- $15,000
Service Directory
$4,422
Weather Update'
$1,000
Zoomable Map
TBDI
° Price for Weather Update is for implementation only. This does not include third party
subscription fees.
City's Initials
Contractor's Initials
- 24 -
RESOLUTION NO. 2008 — 62
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH VISION INTERNET PROVIDERS, INC.
IN THE NOT -TO -EXCEED AMOUNT OF $100,000 TO
REDESIGN THE CITY OF NATIONAL CITY WEBSITE
WHEREAS, the City desires to retain a consultant to provide Website Redesign
Services; and
WHEREAS, Vision Internet is a qualified and experienced website design
company, and is qualified by experience and ability to perform such services desired by the City,
and Vision Internet Providers, Inc. is willing to perform such services.
• NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Vision Internet
Providers, Inc to provide Website Redesign Services. Said Agreement is on file in the office of
the City Clerk.
PASSED and ADOPTED this 15th day of April, 2008.
Ron Morrison, Mayor
ATTEST:
>AA?„,41
Mi 7ael R. Della, y Clerk
APPROVED AS TO FORM:
George Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on April 15,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City erk of the City of ational City, Califomia
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-62 of the City of National City, Califomia, passed and adopted
by the Council of said City on April 15, 2008.
City Clerk of the City of National City, California
By:
Deputy
C'd00%, • t9
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 15, 2008 AGENDA ITEM NO.
4
ITEM TITLE
Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Vision
Internet in the not to exceed amount of $100,000 to redesign the City of National City's Website.
PREPARED BY DEPARTMENT
Ron Williams 4) MIS
(Ext. 4373)
EXPLANATION
On January 28, 2008 the City issued a Request for Proposal to several vendors. The request outlined the scope of
work and objectives. Proposals were due on February 28, 2008. Fifteen proposals were received and reviewed by
the Proposal Review Committee consisting of Leslie Deese, Brad Raulston, Ron Williams, Angelita Palma Laura
Sanchez, Mike Dalla, Jacquelyn Reynoso, and Kenneth Springer. The committee interviewed the top three vendors
and selected Vision Internet's proposal as the most responsive to the City's needs.
Environmental Review ‘,I N/A
Financial Statement Approved By:
Project # 900752-0360-210
inance Director
Account No. 360-468-752-699-000i
STAFF RECOMMENDATION
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No. `' o o CO
Attachment 1: Standard City Contract
A-200 (9/991
City of National City
Office of the City Clerk
1243 National City Blvd.
National City, CA 91950-4397
619-336-4228 619-336-4229 fax
VISION INTERNET PROVIDERS
REDESIGN OF THE CITY'S WEBSITE
Brad Raulston (CDC) forwarded the Contract
to the Consultant