HomeMy WebLinkAbout2010-079 AHA Website Redesign RESOLUTION NO. R-2010-079
A RESOLUTION AWARDING THE BID FOR THE WEBSITE REDESIGN TO AHA
CONSULTING, INC. AND AUTHORIZING A CONTRACT IN THE AMOUNT OF $21,000 FOR
SUCH PURPOSES
WHEREAS, the City issued a request for the submission of qualifications for the purpose of
creating a new look and new layout for the city website; and
WHEREAS, the City received 19 responses to its request for qualifications and the services
proposed by aHa Consulting, Inc. in the amount of $21,000 has been evaluated and recommended
as the most advantageous proposal for performance of the project; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a
contract with aHa Consulting, Inc. to perform such project;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the proposal of aHa Consulting, Inc. for the purpose of creating a new look and !
new layout for the city website in the amount of $21,000 is hereby accepted and approved; and
FURTHER THAT an agreement by and between the City of Riverside and aHa
Consulting, Inc. in substantially the same form as attached hereto in Exhibit "A" and
incorporated herein by reference is hereby authorized and approved; and
FURTHER THAT the City Administrator is hereby authorized to execute all documents
and agreements necessary or incidental to carry out the terms and conditions of such bid award
and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by �h� Board of Idermen an APPROVED by the Mayor of
the City of Riverside, Missouri, the � day of 2010.
thleen L. Rose, Mayor
ATTEST:
�R�,�C� c��^�
Robin Littrell, City Clerk
Approved as to Form:
L
an omp on, City Attorney
WEBSITE DEVELOPMENT AGREEMENT
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This AGREEMENT (the "Agreement") is made and entered into as of the f[p day of November 2010
(the "Effective Date"), by and between AHA Consulting Inc. ("Developer") and the City of Riverside,
Missouri ("Client").
WITNESSETH
WHEREAS, Developer is in the business of offering. services relating to, among other things,
design, development and redevelopment of sites on the World Wide Web portion of the Internet, and is
willing to provide services to Client on the terms and subject to the conditions set forth below; and
WHEREAS, Client desires to engage Developer, and Developer desires to be engaged by Client,
to provide such services on lhe terms and subject to the conditions set forth below.
NOW, TITEREPORE, in consideration of the mutual promises set forth herein, Developer and
Client (collectively, the "Parties") hereby agree as follows:
l. Developer Services
Developer agrees to provide Client with services for design and development, as well as hosting and
support, of a new web site at www.riversidemo.com or another domain provided by Client (the "Web
Site") as set forth or described in the proposal attached hereto as Exhibit A(tl�e "Services").
2. Web 5ite Devclopments and Transfer
2.1 Specifications, Timeline and Client Content
Developer, in consultation with Client, will design, author and develop the Website in accordance with
the specifications set oul in Exhibit A(the °Specifications"). The Developer shall prepare a detailed
timeline based on infonnation presented in Exhibit A and present to Client for review. The Specifications
shall be subject to any restrictions or limitations set forth in Exhibit A. Production schedules will be
established and adhered to by the Client and Developer. Where production schedules are not adhered to
by the Client, final delivery date(s) will be subject to renegotiation.
2.2 Delivery of Client Content
"Client Content" shall mean any materials provided by Client for incorporation in the Web 3ite,
including, but not limited to, any artwork, images, logos, trade names, trademarks, photographs,
illustrations, graphics, audio clips, video clips, text or olher intellectual property. Gient shall deliver the
Client Content to Developer in an electronic file format specified and accessible by Developer (e.g., .ktt,
.cps) or as otherwise specified in the Specifications. The Client represents to Developer and
unconditionally guarantees that any Client Content furnished to Developer is owned by the Client, or
Client has express written authorization from the owner to grant the license at Section 4 and authorize
Developer to perform the Services. The Client further agrees to hold harmless, indemnify, and defend
Developer from any third party claim or suit arising from the use of Client Content.
2.3 Revisions and Alterations
The Client shall provide the Developer a written request for revisions to the Website during the
refinement cycle of each phase as described in Exhibit A. Upon receipt of such requests, Developer shall,
at no extra charge, use commercially reasonable efforts to implement such revision requests that are
within the scope of, and consistent with, the Specifications. If Client wishes to implement any revisions to
the Web Site that deviate in any maLerial respect from the Specifications, Client shall submit to Developer
a written change order containing (i) such revisions to the Website in detail and (ii) a request for a price
quote for each change (collectively, the °Change Order"). Developer shall promptly evaluate the Change
Order and submit to Client for its written acceptance a proposal for undertaking the applicable tasks and a
price quote reflecting all associated fees associated with Client's Change Ordec Client's Alteralions
(CA's) represent work performed on the Website in addition to the Specifications. Such additional work
shall be charged at current rates and be supported with documentation upon request. No additional
payment shall be made for changes required to conform to the Specifications. An estimate or hourly rate
budget will be submitted in writing (e-mail) to the Client when additional work above the quoted price is
required.
2.4 Transfer
Upon completion of the Web Site and total and complete payment of all fees and invoices called f'or in
Exhibit A hereto, Developer shall transfier the Web Site and all passwords and access codes to the Client
and/or its designated third party contractor through which the Web Site may be accessed via the World
Wide Web portion of the Internet.
2.5 Work Order Forms
Subsequent to the execution of this Agreement by the Parties, in the evenL Developer and Client agree that
Developer is to perform Additional Services not in the original scope of Services hereunder, Client will
provide a detailed description of the services requested, and Developer will submit to Client a cost
estimate to provide the services with a description and timeline for delivety of services that Client will be
free to accept or reject.
3. Proprietary Rights
3.1 Proprietury Rights of Client
As between Client and Developer, Client Content shall remain the sole and exclusive property of Client,
including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary
rights, including any and all source codes as set forth in Exhibit A. Nothing in this Agreement shall be
conslrued to grant Developer any ownership right in, or license to, the Client Content, except as provided
in Section 4.1 of this Agreement.
4. License
4.1 Grant of License-Client
Client hereby grants to Developer a non-exclusive, worldwide, royalty-free license during the term ofthis
Agreement, to edit, modify, adapt, translate, exhil�it, publish, transmit, participate in the transfer of,
reproduce, crcatc derivativc works from, perform, display, and otherwise use Client Content as necessary
to render the Services to Client under this Agreement In no event shall l�eveloper use any trademarks or
service marks of Client without Client's prior wri[ten consent, which will not be unreasonably withheld.
in addition to the foregoing, Developer may present and display the Web Site for marketing purposes to
Developer's potential clients, in print and on the web and via links in electronic communications and
publications, and to submit the work for inclusion in publications and award competitions.
4.2 Grant of License-Developer
Subject to the terms and conditions of this Agreement, Developer grants to Client, a non- exclusive,
nontransferable, perpetual, worldwide, fully-paid up license to (i) use and copy the Developer Materials
which are incorporated in the Web Site and which are required for the operation of the Web Site and (ii)
modify and create derivative works based upon the Developer Materials for Client's inlernal purposes,
solely in connection with the operation of the Web Site. In no event shall Client use any trademarks or
service marks of Developer without Developer's prior written consent.
I
5. Fees
5.1 Web Site Services Fees
In consideration for the Services to be rendered by Developer in connection with this Agreement, Client
shall pay to Developer, upon execution of this Agreement, fees according to the schedule sct forth in
rxhibit A in amount not to exceed Twenty One 7'housand dollars ($21,000) for website design and
development services and Three Thousand Six Hundred dollars ($3,600) for one year of hosting,
maintenance and support services.
5.2 Out-of-Pocket F,xpenses
Client shall pay, or promptly reimburse Developer only for pre-approved out-of-pocket expenses incurred
by Developer in connection with the performance of the Services during the term of this Agreement. Any
contracts that Client makes with third party providers, the Client will be responsible for entering into
those contracts and will pay to the third-party contractor any fees associated with said separate contract
that are not directly related to Developer set-up.
5.3 Late Payment
Client shall pay to Developer all fees not specifically itemized within thirty (30) days of the date of the
applicable Developer invoice. Overdue im�oices may delay the completion of the project.
5.4 Term, Termination
The Lerms of this Agreemenl shall commence on the Effective Date and shall continue to the completion
of the project, expected by June 20ll. Any termination of this Agreement shall not extinguish or
prejudice C1ienYs right to enforce this Agreement with respect to (i) breach of any warranty; or (ii) any
default or defect in Developer's perfonnance that has not been cured.
6. Warranties
6.l Developer Warranties
Developer represents that Developer has the power and authority to enter into and perform its obligations
under this Agreement. Developer warrants that the Services provided under this Agreement shall Ue
performed in a professional manner. Developer further warrants that, for a period of ninety (90) days after
Developer's transfer of the Web Site to Client under Section 2.4, the Web Site will operate substantially in
accordance with the Specifications Ueveloper shall not be deemed to have breached the warranty in the
preceding sentence to the extent that Client or its agent(s) have modified the Web Site in any manner or if
the Web Site incorporates unauthorized third-parly materials, through framing or otherwise. Such breach
by Client would make warranty null and void.
6.2 Client Warranties
Client represents and warrants that (a) Client has the power and authority to enter into and perform its
obligations under this Agreement, (b) to the best of Client's knowledge, upon delivery to Developer,
Client Content does not and shall not contain any content, materials, link, advertising or services that
actually or potentially violate any applicable law or regulation or infringe or misappropriate any
proprietary, intellectual properry, contract or tort right of any person; and (c) Client owns the Client ''
Content and all proprietary or intellectual property rights therein, or has express written authorization
from the owner to grant the license at Section 4.1 and authorize Developer to perform the Services..
6.3 Disclaimer of Warranty
Except for the limited warranty set forth in section 6.1, Developer makes no warranties hereunder, and
Developer expressly disclaims all other warranties, express or implied, including without limitation,
warranties of mcrchantability, non-infringement and fitness for a particular purpose.
7. Miscellaneous
7.1 Entire Agreement
This Agreement and attached Exhibits constitute the entire agreement between Client and Developer with
respect to the subject matter hercof and there are no representations, understandings or agreements which
are not fully expressed in this Agreement.
7.2 Cooperation
The Parties acknowledge and agree that successful completion oPthe Services shall require the full and
mutual good faith cooperation of each of the Parties.
7.3 Independent Contractors
Developer, its suUcontractors and employees, in performance of this Agreement, are acting as
independent contractors and not employees or agents of Client.
7.4 Amendments
No amendment, change, waiver, ar discharge, hereof shall be valid unless in writing anci signed by the
party against which such amendment, change, waiver, or discharge is sought to be enforced.
7.5 Force Majeure
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or
otherwise made impracticable by reason of any flood, riot, fire, judicial or govemmental action, labor
disputes, act of God or any other causes beyond the control of either party; that party shall be excused
from such to lhe extent that it is prevented, hindered or delayed by such causes.
7.6 Missouri Law
This Agreement shall be governed in all respects by the laws of the State of Missouri without regard to its
conflict of laws provisions, and Client and Developer agree that the sole venue and jurisdiction for
disputes arising from this Agreement shall be the appropriate state or federal court located in the City of
Kansas City, Missouri, and Client and Develnper hereby s�bmit to the jurisdiction of such courts.
7.7 Assignment
Developer shall not assign, without the prior �vritten consent of Client, its rights, duties or obligations
under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transf'er
of assets, sale of stock, operation of law or otherwise, and any attempt to do so shall be deemed a material
breach of this Agreemenk Developer may delegate its duties under this Agrecment to one or more
subcontractors.
7.8 Notice
Any notice provided pursuant to this Agreement, if specified to be in writing, shall Ue in writing and shall
be deemed given (i) if by hand delivery, upon receipt thereof, (ii) if by mail, five (5) days after deposit in
the United States mails, postage prepaid, certified mail, return receipt requested, (iii) if by email, upon
electronic confirn�ation thereof, or (iv) if by next day delivery service, upon such delivery. All notices
shall be addressed as follows (or such other address as either party may in the future specify in writing to
the other):
In the case of Develnper:
brian.eildav a,ahaconsultin�.com OR
AHA Consulting Inc.
ATTN: Brian Gilday, President
415 North State Street, Suite 138
Lake Oswego, OR 97034
In lhe case of Client:
mhauck(r�,riversidemo.com OR
City of Riverside, Missouri
ATTN: Meredith Hauck, Director of Community Relations
2950NW Vivion Road
Riverside, MO 64150
7.9 Waiver
The waiver of failure of either party to exercise any right in any respect provided for herein shall not be
deemed a waiver of any further right hereunder.
710 Severability
If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law,
it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
7.11 Hcadings
The section headings used herein are for reference and convenience only and shall not enter into the
interpretation hereof.
7.12 Apprnvals and Similar Actions
Where agreement, approval, acceplance, consent or similar action by either party hereto is required by
any provision of this Agreement, such action shall not be unreasonably delayed or withheld.
7.13 Survival
Sections 3, 4, 6, 7, and S shall survive the terrnination or expiration of this Agreement.
IN WITNESS WFiEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.
City of Riverside ��� AF lA Consulting Tnc.
�
BY � �/ l . BY � i .�.-�
(Signature) (Si ature)
Name: Kathleen i. Rose Name: Brian Gilday
Tide: Ma or Title: President
Date: �; , /1.� �,`� / i� Date: /� � Z d� '-= °i �
CITY OF
RIVERSI
� ��,�������,
ZJpstreom from ordinory.
2950 NW Vivion Road
Riverside, Missouri 64150
AGENDA DATE: 2010-11-16
TO: Mayor and Board of Aldermen
FROM: Meredith Hauck, Director of Community Relations
RE: Website Redesign
eackground: In the FY 2010-2011 budget, the Board of Aldermen approved funds to complete a total
overhaul on the City's current website. This project will involve creating a new look and new layout for the
site, as well as updating the features that are available to Riverside residents, businesses, visitors and other
stakeholders via the web.
In August, the City released a Request for Qualifications for a firm to provide website design services and
received responses from nineteen firms. Staff evaluated the proposals based on experience with municipal
sites, content management systems, creative/design experience, optional features, social media integration
and in general, the ability to create a website for Riverside that is "upstream from ordinary." Staff short-listed
four firms, conducted reference checks and met with each firm (either in person or via conference call) to
discuss the project.
Recommendation: Staff is recommending aHa Consulting for the Website Redesign Project. aHa Consulting is
based out of Oregon and has more than eight years of experience with web solutions. aHa was selected based
on their municipal focus, the variety of features offered in their basic CMS package, the ability for the site to
grow in the coming years and the recommendations of other cities they have worked with.
Although the City's brand partner, Trozzolo Communications, was not selected for this project, Trozzolo will
still be involved with the website redesign. It is anticipated they will assist with select copy and headline
writing and review of the proposed designs. In addition, the City is also still exploring a link from the website
to Laserfiche, our document management system. More details about these two components of the project
will be presented as we get further along.
Budget: The FY 2010-2011 budget contains $65,000 for this project. The proposed contract for aHa consulting
is $21,000 in one-time costs for redesign. Staff is still evaluating the hosting and maintenance portion of the
contract and will present an additional agreement once the site is complete.
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