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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 S: \CC\WP\Resolutions\2015\R15 -112 - Website_Development _Reso.Doc 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 S: \CC \WP\Resolutions\2015\R15 -112 - Website_Development_ _Reso.Doc 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 41111. zo4 12 4A— ` 1/7 ;,;010,4 Die I ity Manager Vendor G �� Y 9.t' Attest /Authenticated: r l ‘-P Tit 1e 0 U' `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