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HomeMy WebLinkAbout2018-175-E Economic Dev - Able Agency web redevelopmentDocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC [Departmental Use Only] TITLE Web redevelopment FY 2017 -18 NORTH CAROLINA SERVICES AGREEMENT UNDER $90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement "), made and entered into this 15th day of May, 2018, ( "Effective Date ") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County ") and The Able Agency, Inc., (hereinafter, the "Provider "). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): redevelop Orange County Economic Development's website, GrowInOrangeNC.com. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 10/17 DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and /or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Primary goal is to create a responsive website that is branded with an exceptional user experience and provide relevant information to a variety of target audiences visiting the site. See Attachment A for a more complete description. 4. Duration of Services a. Term. The term of this Agreement shall be from June 1, 2018 to September 1, 2018. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. Revised 10/17 2 DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be June 1, 2018. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed seventeen thousand five hundred -fifty Dollars ($17,550.00). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Steve Brantley) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http: / /www.orangecountync.gov /departments /purchasing division /contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. Revised 10/17 3 DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC 8. Indemnity a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Revised 10/17 4 DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.81. Non - Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http: / /www.oran e�ync. og v /departments /purchasing division /contracts.php.) Any violation of the Orange County Non- Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. Revised 10/17 5 DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non - Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds. It is expressly agreed that County shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. Signatures. tures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 1 IA and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attention: Bonnie Hammersley P.O. Box 8181 Hillsborough, NC 27278 [SIGNATURE PAGE TO FOLLOW] Revised 10/17 6 Provider's Name The Able Agency, Inc. 8801 Fast Park Dr, Ste 115 Raleigh, NC 27617 DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: DocuSigned by: b6lnJl (' fkw&t .Y'ii,t.� By' 0637994B755E477... County Manager Revised 10/17 7 PROVIDER: W OocuSigned by: C6 Ujim By' _ ," cFaroasenoep Holly Ware, Vice President of Operations Printed Name and Title DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC ATTACHMENT A Statement of Work Goals Our primary goal is to create a responsive website that is branded with an exceptional user experience and provide relevant information to a variety of target audiences visiting your site. Our approach is to create a unique design and develop a critical path for each audience and ensure that content is available and customized to their behavior and needs. Our secondary goal is to develop a clean, organized and sensible back -end to ensure once the site is designed and developed; new content can be easily added and maintained. Proposal Our proposal includes: • Website navigational strategy and sitemap • Design and development of a website that demonstrates the OCED brand and services offered • Organize and recommend photography and digital assets • Install and customize WorclPress as the Content Management System (CMS) to facilitate seamless content management • Create a responsive website that is viewable on tablet, desktop and smart phone devices Navigation & Design Navigation When building websites, we first take all of the content from an existing website and /or any client - supplied content and do an assessment to determine the strategy for the navigation to ensure the content and user experience are being considered before we start the design process. This stage provides the foundation for moving forward with the best recommendations for the design and development of your new responsive website. Design Once we are armed with the approved site map and navigation strategy, we will sketch out wireframe layouts for 3 -5 different views, including the home page, subpage, text -based page and other pages showing some of the features like a forms page or property listing page. Wireframes look like simple skeletons of your website without the visual polish of the finished design, allowing us to experiment and iterate on solutions quickly so that we have a good sense of how content should be laid out across different screen sizes. Next, we will build out the design for those main pages and customize it by using your brand elements and creating the zones to match the approved site map. The client will be responsible for providing the content for all pages of the website. DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 20860E7E30BC Our approach to the design of the site will be focused on these key concepts: • Clean and Easy – The site will be easy to navigate and will use zones to break up content into easy -to- identify blocks. Some layering of images will give the site additional depth. The site will be designed to work across multiple screen sizes and devices and will use custom imagery to communicate the brand vision and services of the company. • Copy – we take the copy provided by the client and enter it into the CMS. No copywriting or wordsmithing is included in this scope of work. • Universal Design –The site will be designed with a bigger picture in mind. We will develop a layout scheme and feature set that can be used for additional content to be added post - launch of the site. This will ensure consistency of content and create a larger sense of brand. Responsive Development Gone are the days when we knew for certain that everyone was viewing the web on a desktop or laptop computer. So are websites that were designed and developed for that standard experience. Increasingly, people are viewing the web on a variety of devices — tablets, smart phones and other mobile devices. If your website doesn't support those devices, this can negatively affect how users interact with your business. The site may load slowly, the layout is fixed and awkward to navigate and you may end up with a frustrated user. Statistics show that most users don't convert when a using small screen device, which means you, may be losing out on valuable business opportunities. We can turn this problem around using responsive design. We will redesign your website's front -end templates to adapt and scale to whatever kind of device the user is viewing from while maintaining your existing look and feel and improving overall performance. We will test it on a variety of devices — mobile and non - mobile — to ensure the experience is consistent and easy to use. WordPress as CMS After testing the static layouts, we integrate the new designs into a custom WordPress theme and module. Then our CIA department will test the site across different browsers (Firefox, Chrome, Safari, Internet Explorer 11) and mobile devices. Any bugs that arise from this testing will be fixed prior to launch. Development Once you've approved the design, we will start building the site using HTML, CSS, JavaScript and PHP. Responsive Website Benefits DocuSign Envelope ID: 280A3420- CB5F- 4F14- 8EF3- 2086OE7E30BC To help you better understand the difference between your existing website and a new responsive website we have provided the comparison chart below to show you the benefits as well as some resources that outline the benefits of an updated website: Website Design and Development Cost: $17,550 Based on maximum of 40 web pages (additional pages are $135 per page) Services include website audit of existing content, photography research, navigation strategy, site map development, art direction, graphic design, programming, CMS installation and customization, content entry, proofing, testing, client presentation, editing, training and project management. Deliverables: • Navigational strategy • Wireframes and designs • Programming and customizing plug -ins • CMS installation and customization • Entering all content - provided by client (this proposal does not include copy writing services) • Basic SEO • CMS training session (2 hours included) Vidth vs Fixed Width . + sh vs HTML (Google doesn't h features can't be seen on all devices) True Biog/News Post Functionality + LRpannnS1U2 M -mirin + vice Screen Sizes Organic SEO (Goole now penalizes non- responsive Jhps in searches) + 19cure + Website (using outdated plug -ins makes site vulnerable to hacking & other security breaches) + Secure Forms (Captcha &/or Honeypot can be added to forms for added security and reduce spat HTTPS (Google wants sites to be HTTPS vs HTTP or + they will deliver warning messages and penali SEO) Site Speed (see next a e for screenshot fro speed test) Currently F Rating - load times • +e Website Design and Development Cost: $17,550 Based on maximum of 40 web pages (additional pages are $135 per page) Services include website audit of existing content, photography research, navigation strategy, site map development, art direction, graphic design, programming, CMS installation and customization, content entry, proofing, testing, client presentation, editing, training and project management. Deliverables: • Navigational strategy • Wireframes and designs • Programming and customizing plug -ins • CMS installation and customization • Entering all content - provided by client (this proposal does not include copy writing services) • Basic SEO • CMS training session (2 hours included) DocuSign Envelope ID: 280A3420- CB5F- 4Fl4- 8EF3- 2086OE7E30BC • Delivery of site to hosting platform • 30 -day warranty after site is launched • Hosting and Service Level Agreements available upon request *Stock photography costs are not included in this proposal. Once photography needs have been identified for the new design, we will provide a quote for the hard cost of stock photography. Timeline: A website project takes approximately 12 -16 weeks to complete. After the proposal is approved we will set up a kick -off meeting to determine the exact project scope and a more detailed timeline will be provided at that time. Additional Considerations Here are a couple of options for you to consider including in your website that we can include in your new website for additional costs: Social Media Feeds Cost: $270 + plugin hard cost Our proposal includes having social icons throughout your website that will link to your social media profiles, but if you want to have the feeds show directly on your site we will research the best plugin option that will show the feeds as well as customize the plugin to work within your site. Commercial Listing Integration Using iFrames: $405 (subscription fees not included) Your current site uses an iFrame from Xceligent to show a map with commercial listings. We can integrate the same functionality also using iFrames. This does not include full API listing integration if Xceligent offers that. Full API Listing Integration (if available from Xceligent): $1,350 (subscription and set up fees charged by Xceligent are not included) If this is available through Xceligent, we will research the API integration requirements and have a call with a representative to gather all details. We will then design the listing page and detail pages based on the requirements /restrictions and then program the integration into the website (non iFrame). Training and Warranty The Able Agency Company, Inc. will provide both training and documentation for your specific WordPress installation. A total of two hours of training will be provided on your CMS. During the first training session, we will cover WordPress basics in addition to specific customizations to your WordPress installation that drive special features of the website. There will be a brief Q &A at the end of the training session. User accounts will then be generated for the admin staff that requires access and you are encouraged to login, become familiar with both the websites' front- and back -end before DocuSign Envelope ID: 280A3420- CB5F- 4Fl4- 8EF3- 2086OE7E30BC scheduling the second training session. The second training session focuses on advanced administrative features, while also addressing any questions that have been raised since the previous session. If required, more training can be arranged (phone or in- person) at our current hourly rate. Your website comes with a 30 -day warranty. During this period The Able Company, Inc. will support your website to ensure it is free from defects and address bugs as they arise. Due to the nature of content management systems and the ability to easily alter the content of the website, support after the 30 -day warranty period will be billed at our current hourly rate.