HomeMy WebLinkAbout1999-12-14; City Council; 15536; Phase 2 Of Internet Web SiteCITY OF CARLSBAD -AGENDA BILL
AB# 4536 TITLE:
AGREEMENT TO CONSTRUCT PHASE 2 OF THE MTG. CITY OF CARliSBAD INTERNET WEB SITE 1 a- /4- ? 7
DEPT. LIB/IS
RECOMMENDED ACTION:
Adopt Resolution No. @-s* approving an Agreement with Queen K Advertising
in the amount of $66,140 for the construction of Phase 2 of the City of Carlsbad
Internet Web Site.
ITEM EXPLANATION:
On April 14, 1999, the City Council approved an Agreement with Queen K Advertising to
design and construct Phase 1 of the City’s Internet web site. On September 28, 1999,
Phase 1 of the City of Carlsbad site, www.ci.carlsbad.ca.us, was completed and
launched for the public. This first phase was a comprehensive “snapshot” of the services
the City offers the community, providing a multitude of static information pages.
The original Request For Proposal included three phases of the City’s web site
development; however, the original agreement only encompassed Phase 1. Since the
contractor has gained knowledge about the city’s project, and since the initial proposal
included all three phases, the Purchasing Officer has waived the requirements of Section
3.28.150 of the Municipal Code.
Second phase planning has been underway for several months. After much discussion
and analysis, staff is recommending the items shown on Exhibit “A” to the agreement as
the best combination of “changing” information to include on the web site in Phase 2,
such as calendars, schedules, employment opportunities, public hearing notices, and
meeting agendas. Since this information needs to be continuously updated, staff
resources and web tools have now been identified to meet the challenge of maintaining a
site that is current.
Phase 3 and future phases will incorporate interactive components, where people will fill
out forms and submit them electronically, along with any appropriate payments, for the
city staff to process. It is anticipated that Phase 2, and preliminary planning on Phase
3, will be completed this fiscal year.
FISCAL IMPACT:
Queen K Advertising’s original bid for all three phases of the project was $71,080
($38,460 for Phase 1, $28,550 for Phase 2 and $4,070 for Phase 3). Once work began
and we progressed through Phase 1, staff reached a better understanding of our desired
content and the technologies available to deliver that information. As a result, it became
clear that our initial requests for Phase 2 work were substantially underestimated.
Therefore, staff (with the assistance of Queen K) re-evaluated the desired content for
Phase 2. This current quote from Queen K for Phase 2 work is in the amount of
$66,140, as compared to their initial quote of $28,550. This difference is accounted for
PAGE 2 OF AGENDA BILL NO. /5$36
as a result of the increase in numbers of pages, graphics, revisions, and most
importantly, the increase in technical programming time. For example, instead of the
previous estimate of 347 additional pages there are now 399; previously there were 96
additional graphics to be added and there are now 231; and, this Phase now includes
moving the previously created media graphics web site to the City’s site and provide the
new interface to maintain consistency with the city’s new site. Examples of additional
programming are the integration of six (6) different calendars for the Library. Other types
of programming will be the inclusion of administrative interfaces plus display pages to
allow users to easily update information; i.e. Council Agendas and Public Hearing
Notices.
Funds are available in the Information Systems Department’s FY 1999-00 budget.
Exhibit:
1. Resolution No. Pl?f;‘;z3L dpproving an agreement with Queen K Advertising for the
Purpose of Constructing Phase 2 of the City of Carlsbad Internet Web Site (with
attached agreement).
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RESOLUTION NO. 99-527
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING AN AGREEMENT WITH QUEEN K ADVERTISING
FOR THE PURPOSE OF CONSTRUCTING PHASE 2 OF THE
CITY OF CARLSBAD’S INTERNET WEB SITE.
WHEREAS, Council approved the agreement with Queen K on April 13, 1999 for
Phase 1 of a three-phase project designed to create a presence for the city on .the web;
and
WHEREAS, Phase 1 of the City’s Internet Web Site is complete and the City is
desirous of expanding their presence and continuing with Phase 2; and
WHEREAS, the cost of the construction of Phase 2 of the Web Site will be
approximately $66,140; and
WHEREAS, funds are available in the FY 1999-00 Information Systems
Department budget;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations are true.
2. That the Agreement with Queen K Advertising attached hereto is hereby
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approved, and the Mayor is authorized to execute the agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 4th day of JANUARY , 2000, by the
I following vote, to wit: .
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: NONE
ABSENT: NONE
ATTEST:
KAREN R. KUNDTZ, A&&tant City Clerk
THIS AGREEMENT is made and entered into’as of the -i@
1999, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as “City”, and Queen K Advertising, a partnership, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of an Internet Web Site Design Contractor to provida
the necessary Internet Web Site Design and Construction services for preparation of
the City of Carlsbad Municipal Web Site (www.ci.carlsbad.ca.us); and Contractor
possesses the necessary skills and qualifications to provide the services required by
the City;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor will design and construct Phase 2 of the Internet Web Site for the
City of Carlsbad ‘www.ci.carlsbad.ca.us“. See attached Exhibit A for details.
2. CITY OBLIGATIONS
The City shall:
l provide information to Contractor on a timely basis.
l review work submitted by the Contractor for acceptability.
l provide direction for the Contractor when requested and as otherwise
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needed.
3. PROGRESS AND COMPLETION
The work under this contract will begin within one week of the effective date of
the agreement. Completion of work will be on or before April 1, 2000. Extensions of
time may be granted if requested by the Contractor and agreed to in writing by Lee
Rautenkranz, Information Systems Director. The Information Systems Director will
give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a lack of foresight on the part of the Contractor, or delays caused
by City inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
Creation of the City Web Site is a three phase project. Phase 1 has been
completed by the Contractor per separate Agreement. This Agreement covers Phase
2, as itemized in Exhibit A, in the amount of $66,140.
No other compensation for services will be allowed except those items covered
by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves
the right to withhold a ten percent (10%) retention until the project has been accepted
by the City.
Payments for services for Phase 2 will be paid as follows:
IS’ Payment due upon approval of contract for design meetings/planning
sessions in the amount of $4,030.00
2”d Payment due upon receipt of invoice upon commencement of work in the
amount of $20,703.33
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3rd Payment due upon receipt of invoice on February 15, 2000 in the amoint of
$20,?03.33
4* Payment due on receipt of invoice upon completion of job in the amount of
$20,703.
Grand Total . $66,140.00
In addition, due to the dynamic nature of the web and city operations, the City
may require additional services during Phase 2. If any additional services are
requested Contractor will provide City with a written proposal for each requested
project which may be accepted or rejected by City. lf accepted by City in writing, and
upon completion of the project, Contractor shall submit an invoice to City for approval.
Total cost of additional services shall not exceed $10,000.
When preparing a proposal for any additional services requested, contractor
shall use the following hourly rates:
Hourly rate for design work and HTML $65.00
Hourly rate for programming, including javascript and cgi scripts $100.00
5. DURATION OF CONTRACT
This agreement shall extend for a period of one year from date thereof. The
contract may be extended by the City Manager for one additional one (1) year period or
part thereof, based upon a review of satisfactory performance and the City’s needs.
The parties shall prepare extensions in writing indicating effective date and length of
the extended contract.
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6. PAYMENTOFFEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSlONS
Final submission of each phase will occur when the web site is posted for the
public to view.
6. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a
change in contract. Such changes shall be processed by the City in the following
manner: A letter outlining the required changes shall be forwarded to the City by
Contractor to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A Standard Amendment to
Agreement shall be prepared by the City and approved by the City according to the
procedures described in Carlsbad Municipal Code Section 3.28.172. Such
Amendment to Agreement shall not render ineffective or invalidate unaffected portions
of the agreement.
9. COVENANTS AGAINST CONTlNGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
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company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making of this agreement. For breach or violation of this
warranty, the City shall have the right to annul this agreement without liability, or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fees, gift, or
contingent fee.
10. NONDlSCRlMlNATlON CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERlUllNATlON OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the Library Director. The
Library Director shall make a determination of fact based upon the documents .
delivered to City of the percentage of work which the Contractor has performed which
is usable and of worth to the City in having the contract completed. Based upon that
finding as reported to the City Manager, the Manager shall determine the final
payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
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days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put
same in order for proper filing and closing and deliver said product to City. In the
event of termination, the Contractor shall be paid for work performed to the termination
date; however, the total shall not exceed the lump sum fee payable under paragraph
4. The City Manager shall make the final determination as to the portions of tasks
completed and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act, provides
for civil penalties where a person knowingly submits a false claim to a public entity.
These provisions include false claims made with deliberate ignorance of the false
information or in reckless disregard of the truth or falsity of information lf the City of
Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney’s fees. The Contractor acknowledges
that the filing of a false claim may subject the Contractor to an administrative
debarment proceeding wherein the Contractor may be prevented to act as a
Contractor on any public work or improvement for a period of up to five years. The
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Contractor acknowledges debarment by another jurisdiction is grounds for the City of
Carlsbad to disqualify the Contractor from the selection process. w (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
P (Initial)
13. JURlSDlCTlON
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s
own way as an independent Contractor and in pursuit of Contractor’s independent
calling, and not as an employee of the City. Contractor shall be under control of the
City only as to the result to be accomplished, but shall consult with the City as
provided for in the request for proposal. The persons used by the Contractor to
provide services under this agreement shall not be considered employees of the City
for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
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h
contributions on behalf of the Contractor or its employees or subcontractors. ’ The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMlTY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
16. OWNERSHIP OF DOCUMENTS
All plans, programming work (using html, cgi, java, etc), designs, graphics,
sketches, drawings, and specifications as herein required are the property of the City,
whether the work for which they are made be executed or not. In the event this
contract is terminated, all documents, plans, programming work (using html, cgi, java,
etc), designs, graphics, sketches, drawings, and specifications shall be delivered
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forthwith to the City. Contractor shall have the right to make one (1) copy of the plans
for its records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
a
claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
offtcers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission
of the contractor, any subcontractor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions
of persons directly employed by Contractor. Nothing contained in this contract shall
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create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
21. PROHIBITED MEttEST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally
in this contract or in any part thereof. No officer or employee of the City who is
authorized in such capacity and on behalf of the City to exercise any executive,
supervisory, or similar functions in connection with the performance of this contract
shall become directly or indirectly interested personally in this contract or any part
thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify .
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the
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parties hereto, and each of their respective heirs, executors, administrators,
successors, and assigns.
24. EFFECllVE DA=
This agreement shall be effective on and from the day and year first written
above.
25. CONFLlCT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and
the City’s conflict of interest code, that the Contractor will not be required to file a
conflict of interest statement as a requirement of this agreement. However, Contractor
hereby acknowledges that Contractor has the legal responsibility for complying with
the Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and
any and all amendments insurance against claims for injuries to persons or damage
to property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or
subcontractors. Said insurance shall be obtained from an insurance carrier admitted
and authorized to do business in the State of California. The insurance carrier is
required to have a current Best’s Key Rating of not less than “A-V’ and shall meet the
City’s policy for insurance as stated in Resolution No. 91-403.
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rev. 2/26/99
A Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,ooo,ooo
combined single-limit per occurrence for bodily injury, personal injury and property
damage. If the submitted policies contain aggregate limits, general aggregate limits
shall apply separately to the work under this contract or the general aggregate shall
be twice the required per occurrence limit.
2. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1,000,000 per accident for bodily injury.
3. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $500,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this .
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
rev. 2/26/99
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2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
‘4. This insurance shall be in force during the .life of the agreement
and any extension thereof and shall not be canceled without 30 days prior written
notice to the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach,
or may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to
receive written notice on behalf of the City and on behalf of the Contractor in
connection with the foregoing are as follows:
For City: Title Information Systems Director
NZUN3 Lee Rautenkranz
Address 1200 Carisbad Village Drive
Carisbad, CA 92008
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For Contractor:
2%. BUSINESS LICENSE
Tile
Name
Address
Partner
Kenie Cecil
2171 India Street
San Diego, CA 92101
Contractor shall obtain and maintain a City of Carlsbad Business License for
the duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver
or discharge is sought.
Executed by Contractor this 9’1* day of
19p19.
CONTRACTOR: CONTRACTOR:
m433l K, IW. m433l K, IW.
(name of Contrbctor) (name of Contrrktor)
By:
(sign here)
By:
(sign here)
By: By: ” ” qsign here) qsign here)
kFwE -b kFwE -b
(print name/title) (print name/title)
(print name/title)
rev. 2/26/99 -14 -
_-
CITY OF CARLSBAD, a municipal corporation of the State of California Al-EST:
Al&t-W L. RAUTENK&NZ. CityClerk LORRAINE M. WOOD, Records Manager
(Proper notarial acknowledgment of execution by Contractor must be attached.)
APPROVED AS TO FORM: <
RONALD R. BALL City Attorney
rev. 2/26/99 -15 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
sQm ss.
County of -- >
On 23ZMZ 0 ;! hf?, before me,
Date
personally appeared Name(s) of Signer(s)
Cl personally known to me
mroved to me on the basis of satisfactory
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to be the person@j whose name(sp is/m
subscribed to the within instrument and
acknowledged to me that be/she/they+xecuted
the same in d+her/their authorized
capacity@@, and that by bie/her/ttaei+
signaturewon the instrument the person@), or
the entity upon behalf of which the persow
acted, executed the instrument.
Place Notary Seal
the information beldw is not required by lawlit ma&&~uable to persons relying on the document
and could prevent fraudulent removal and reattachment of fhis form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited Cl General
Cl Attorney in Fact
Cl Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing:
Q 1997 National Notary Association - 9350 De soto Ave.. P.O. Box 2402 - Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-6CG676-6627
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