R15-112 1 RESOLUTION NO. R15 -112
21
31 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
41 FLORIDA, APPROVING THE AWARD OF RFP #050 - 1210 -15 /JMA
51 FOR "WEBSITE DEVELOPMENT, DESIGN AND DEPLOYMENT
6 SERVICES" TO JESSEJAMES CREATIVE, INC., OF NEW YORK,
7 NEW YORK, IN THE AMOUNT OF $52,500 FOR A ONE YEAR
8 TERMS WITH TWO (2) ONE YEAR RENEWAL OPTIONS;
9 AUTHORIZING THE CITY MANAGER TO SIGN A VENDOR
10 SERVICES AGREEMENT WITH JESSEJAMES CREATIVE, INC.;
11 ' AND PROVIDING AN EFFECTIVE DATE
12
13 WHEREAS, on June 25, 2015, Procurement Services received and opened four
14 (4) proposals in response to the Request for Proposal for Website Development, Design
15 and Deployment Services" RFP, #050- 1210 -15 /JMA; and
16 WHEREAS, an Evaluation Committee carefully reviewed the proposals and it is
17 the recommendation that JesseJames Creative be awarded the RFP as the most responsive
18 responsible proposer to develop, design and deploy a new website for the City; and
19 WHEREAS, the City Commission, upon recommendation of staff, deems it to be
20 in the best interests of the citizens and residents of the City of Boynton Beach to award
21 this RFP ( #050- 1210 -15 /JMA) for Website Development, Design and Deployment
22 ' Services in the amount of $52,500 for a one (1) year term with two(2) one year renewal
23 options and to authorize the City Manager to sign a Vendor Services Agreement and
24 related documents between the City of Boynton Beach and JesseJames Creative, Inc.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 Section 2. The City Commission of the City of Boynton Beach, Florida, upon
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31 recommendation of staff, hereby approves the award of RFP ( #050 - 1210- 15 /JMA) for
32 Website Development, Design and Deployment Services to JesseJames Creative, Inc., of
33 New York, NY in the amount of $52,500.00 and to authorize the City Manager to sign a
34 Vendor Services Agreement between the City of Boynton Beach and JesseJames Creative,
35 Inc., a copy of which is attached hereto as Exhibit "A ".
36 Section 3. That this Resolution shall become effective immediately.
37 PASSED AND ADOPTED this 15 day of September, 2015.
38 CITY OF BOYNTON BEACH, FLORIDA
39 YES NO
401
411 Mayor — Jerry Taylor
42
43 Vice Mayor — Joe Casello tf
44 ,
451 Commissioner — David T. Merker
461
47 Commissioner — Mack McCray
481
49 Commissioner — Michael M. Fitzpatrick
50
51 ` VOTE 4 -o
52 ATTEST:
53
55 a 1
56 Jan : M. Prainito, MMC
57 , . Clerk
581 GA T Y
60I uor", egal
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R15 -112
VENDOR SERVICES AGREEMENT FOR
WEBSITE DEVELOPMENT, DESIGN AND DEPLOYMENT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and JesseJames Creative, Inc., hereinafter referred to as "VENDOR ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide Website
Development, Design and Deployment Services and Maintenance for the lump sum amount
of $52,500.00. The rate for post - production support for a two year term is $100.00 per hour.
2. SCOPE OF SERVICES. Vendor agrees to perform the services as outlined in RFP No.,
050 - 1210 -15 /JMA and incorporated herein: "Section IV, Parts I and II. No modifications will
be made to the original scope of work without the written approval of the Communications
Manager or her designee.
TIME FOR PERFORMANCE. Work under this agreement reement shall commence upon written 9
notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all
work product required pursuant to this agreement upon written notice to proceed.
4. TERM: This Agreement shall be for a period of one (1) year commencing on the date the
Agreement is executed by the City, with the option for two (2), one (1) year renewal periods.
5. PAYMENT. The Vendor shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Vendor shall be made promptly on all invoices
submitted to the City properly and in accordance with "PRICE PROPOSAL ".
b. The Vendor may submit invoices to the City once per month during the progress of the
contract term. Such invoices will be reviewed by the City, and upon approval thereof,
payment will be made to the Vendor in the amount approved.
c. Final payment of any balance due the Vendor of the total price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work
under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Vendor's records and accounts pertaining to this agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after
the termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced
by the Vendor in connection with the services rendered under this Agreement shall be the
property of the City.
CITY OF BOYNTON BEACH
RFP No.: 050 - 1210 -15 /JMA 1
R15 -112
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, including attorney fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to Vendor's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Vendor.
9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence /aggregate for property damage, and Vendor liability insurance in the amount of
$1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits;
workers' compensation insurance, and vehicular liability insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional named
insured" and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be
entitled to any benefits accorded City employees by virtue of the services provided under
this agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Vendor, or any
employee of Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the Vendor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
CITY OF BOYNTON BEACH
RFP No.: 050 - 1210- 15 /JMA 2
R15 -112
14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Vendor.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project, the surviving members of the Vendor
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Vendor and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Notices to Vendor shall be sent to the following address:
JesseJames Creative, Inc.
131 West 24 Street
New York, NY 10011
ATTN: Mr. James Tormey
18. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The
contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section
119.071, Fla. Stat., the contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed that provided in
chapter 119, Fla. Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law; and
CITY OF BOYNTON BEACH
RFP No.: 050 - 1210- 15 /JMA 3
R15 -112
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all
public records in possession of the contractor upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt. All records stored
electronically must be provided to the City in a format that is compatible with the information
technology of the agency.
Failure of the contractor to comply with the provisions set forth in this General Condition
shall constitute a Default and Breach of the Agreement with the City.
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Vendor and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Vendor.
DATED this 15 day of OCT—OF—C2— , 2015.
CITY OF BOYNTON BEACH
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12 4A— ` 1/7 ;,;010,4 Die I
ity Manager Vendor
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Attest /Authenticated: r l ‘-P Tit 1e
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`1 . • (Corporate Seal)
City C erk
Approved as to Form: Attest /Authenticated:
1 ‘1./lAf
e of the City 4 tore : cretary
CITY OF BOYNTON BEACH
RFP No 050 - 1210- 15 /JMA 4