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HomeMy WebLinkAboutDEVSCIENCE 1-2005 I'INSURANCE NOT riLE. i<i\( WORK MA { PROCEED CLER COUNCIL D . ~ 'l-;;t q~05 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ~ ~day of _lu..-LlA ,2005 by and between Devscience, hereinafter ("Consultant"), and the City of Santa Ana, ~ charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). ,0 RECITALS i~~ iil G1 ::! I ~ ~~~J) :=>0::>........ '0" D:: C) -........J WO-.Q C=>-u. .f- <X:' 0 --- o 2:x: ,--.. z:::s:::ex::: "'''--'' 1..Ucr:~ 00 z:;;::"-' "'" .OC .. ::> w .t;o'") ~ z: Cl A. The City desires to retain a consultant having special skill and knowledge in the field of Web page design and development. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A (City Request for Proposal) and Exhibit B (devscience web site re-design and development proposal 7-15-05) to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A and B. The total sum to be expended under this Agreement, shall not exceed $10,000.00 during the ternl of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on August 1,2006, unless terminated earlier in accordance with Section 12, below. The term of this N-2005-089 IMSUl'l....... r'.. ".. 1't ,,1-. .J' ; ,'!'.<L WOR. ,M.' iiDL p~OCEED CLERK Of COUNCIL DATE: 1- ;),tj.-o5 CONSULTANT AGREEMENT t:/-Ir3 (IA.~es) THIS AGREEMENT, made and entered into this 0I8t1'Lday of~, 2005 by and between Devscience, hereinafter ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS .- \--; A. ~.. ,. B. '.l.i C. - The City desires to retain a consultant having special skill and knowledge in the field of Web page design and development. Consultant represents that Consultant is able and willing to provide such services to the City. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A (City Request for Proposal) and Exhibit B (devscience web site re-design and development proposal 7-15-05) to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A and B. The total sum to be expended under this Agreement, shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on August 1,2006, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Library Director and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 ofthe Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance ofthis Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Webmaster City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5102 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Devscience 11504 Bell Tower Drive Fontana, CA 92337 Attn: Stephen J. Salcido A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws ofthe State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws ofthe State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations ofthe United States, the State of California, the City of Santa Ana and all other govemmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ) Uhj~;~ PATRICIA E. HEALY Clerk of the Council D~=~: @ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Michael Vigliotta Deputy City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT Ri/~ sl/;;g~~ Webmaster President REOUEST FOR PROPOSALS RFP 105-075 For Web Graphic Design Firm To Upgrade The City of Santa Ana Web Site Notice is hereby given that proposals will be received for Web Graphic Designs at the City of Santa Ana, Purchasing Division M-16, 20 Civic Center Plaza, Santa Ana, California 92701 un tit 5 p.m. July 15,2005. If further information is needed, please contact Rob Richard at e-mail: rrichard(ii)ci.santa-ana.ca.us; voice: (714) 647-5102 or mail: 26CivicCenterPlazaM-75.SantaAna.CA 92701. GENERAL DESCRIPTION The purpose of this Request for Proposal is to identify available options and contractors regarding the City updating its WEB SITE graphics and navigation features. The City has identified a number of improvements to the function and the attractiveness of the site. To that end, the City has developed performance criteria to optimize download speed, readability, search capability, uniformity and reliability. These critcria will create the framework in which the graphic design and display on the site will be developed. Thc project budget has not been determined, but is expected to bc comparable to regional projects of similar size. After review, the City will make final determinations on which Web Design proposal shall be included and shall negotiate a contract for services to design, and install the graphics. A summary of Santa Ana Web site development is attached. A style guidc to be used with the revised site is also attached. BACKGROUND Santa Ana has more than 351,000 residents who are the primary rccipients of services provided by the city government. This population in general is young, Hispanic and lower income compared to the ovcrall population of Orangc County. The city exhibits incrcasing socioeconomic diversity. It is the County seat and hosts many County, State and Federal offices and scrviccs as well as an internationally rccognized museum, Discovery Science Center, and zoo -- all of which command a regional interest. ~.'...;L~}:"~~I'j ,\ _)~)f~~~ J ' ' The city's downtown hosts an arts district, farnler's market, rcstaurants, and newer live/work rcsidences. The mid-town area is slated for the development of a 37-story office dcvelopment. There are 12 city dcpartments responsible to the residcnts and thc Mayor and City Council of Santa Ana for providing services. Approximately 22,500 (30%) of Santa Ana's 75,000 households have on-line connections. Of those, 77% or 17,000 have dial-up access. The level of dial-up usc appears to be more of a socioeconomic issue rather than a question of the availability of high-speed services. The majority of residential population of Santa Ana has not expressed an interest in e- governmcnt such as utility bill paying, pet licensing, or permit processing and fee payment. In fact, many residential water utility customers prefer to pay in cash at the public service counters in City Hall rather that using the U.S. mail. PROPOSAL TERMS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Purchasing Division in a sealed envelope with RFP 105-075 and the name of the Company submitting the proposal clearly marked on the outside of the envelope or package including date & time due. All proposals must be signed by an authorized representative of the Company submitting the proposal. It is the responsibility of the Company that any proposal submitted will have sufficient time to be received by the Purchasing Division prior to proposal due date and time. Proposals are to include a design concept for the Santa Ana homepage, examples of similar projects and a summary of the contractor's experience with similar projects. Late proposals will be retumcd unopened. Proposals will also be evaluated on concept presentations and interviews during the week of July 18,2005 and written submittals scheduled. To schedule a presentation plcase contact: Rob Richard e-mail rrichard(a)Ci.santa-ana.ca.ns; voice (714) 647-5102 Santa Ana Library 26 Civic Center Plaza M-75 Santa Ana, CA 92701 Proposals will be evaluated based upon visual design, navigation structure and prior expenence. 2. REOU1RED DOCUMENTS Companics submitting proposals must submit I ORIGINAL and 4 complete photocopies of each Proposal. 3. REJECTION OR MODIFICATION OF REOUEST FOR PROPOSAL AND RESPONSES The City reserves the right to reject any or all proposals submitted, and is not liable for any pre-contractual expenses such as expenses incurred by the proposer in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by proposer prior to date of award, if any, of thc contract. Offeror shall not include any such expenses as part of the price as proposed in response to this RFP. The City of Santa Ana may waive any minor defects in a proposal. 4. CONTRACT The Company that is chosen will be required to enter into a Contract with the City whereby detailed terms and conditions may be negotiated and will be described therein. 5. SELL OR ASSIGN The successful Company shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. Scope Of Services Rcquested The graphic design services are required to develop a homepage design and tcmplates for other pages. This universal city Web template will be visually attractive, interesting and provide easy navigation for residents, visitors, and businesses that retrieve infornlation and transact business with the city via the lntemet. The graphic design is to support the purpose of the Santa Ana Web site: . Marketing the services of the city . Increasing accessibility for the user . Educating the user, thereby making customer interactions more efflcient . Providing a mechanism for feedback from or about our customers . Representing the city's image and communicating its spirit through words and Images The design must be user friendly and easy to maintain. The city will accept advice that will help operational staff use the site more effectively to deliver a broad array of city infornlation. The graphic design must be compatible with the City of Santa Ana Web Style Guide. Modifications to the style guide to accommodate the graphic design may be accepted providing the modifications support the intent of the guide. "A. download speed of 2 seconds on a 56k dial up modem is a critical porfonnaIlee oriterion for tho homepage and the major pages of the departments. Thc site is primarily infonnationaJ. The City Seal will be uscd on the home pagc. The official city colors are royal bluc and gold. Hues similar to the official colors arc dcsirable for use within the site. The home page will contain a prominently placed scction for news/public infonnation/current interest posting maintained by the City Council Scrvices Officc. The city Wcb site uses Macromedia Oreamweaver software for design and Macromedia Contribute 3 for content management. Thirty contributors from the city's 12 dcpartments will provide content for thc Web. The city will use lnktomi software for the internal search box function. Search pathways on the site will be by search box, uscr category, topic list, and department. Thc site includes graphics and photos. There is no flash video or sound. All pages will be hosted on city servers. The city will be responsible for converting existing Wcb site content to the new dcsign. The city's current site can be viewed at http//www.ci.santa-ana.ca.us. A mockup page using the current style guidelines can be viewed at http//www.santa-ana.org/dcfault.asp. Ocsi!<n Contractor Obiectives and Oeliverables I. Create a new site homepage with design objcctives including: . Standard navigation bar for site-wide navigation from all pages . Create a template for departmental home pages compatible with the design of the sitc homepage and navigation systcm . A unifonn navigation bar that will be used by each departmental homepage within the site . Attractive accommodation on the homepage for current news and promotional items 2. The contractor will review and suggest (but does not implement) design improvcments for the overall site. 3. Oeliverables will include: . A preliminary site homepage and departmcntal homepage design concept for review, revisions and approval . A functional prototype Web homepage and universal page template that includes all the features and revisions approved in the preliminary design concept The prototypc is to be tested on City of Santa Ana server. Thc Web homepage and universal page templatc will be compatible with Oreamweaver software. . Final product for installation by City of Santa Ana Information Services staff . Any training and documentation neccssary for city staff to implement and maintain thc ncw design Proposed Timeline . Contract awarded no later than July 29, 2005 . Preliminary site homepage and departmental homepage design concept for review revisions and approval no later that 2 weeks after contract approval . Delivery of prototype materials no later than 4 weeks after contract approval . Delivery of final product no later than 6 wceks aftcr approval of contract Owncrship of Intellcctual Propertv Rights Work produced as a result of a contract from this proposal is work for hire and all copyright ownership of this work shall belong to the City of Santa Ana. vscience City of Santa Ana [web site re-design and development proposal] 7.15.05 11504 Bell Tower Drive Fontana, CA 92337 devscience@sbcglobal.net 909.292.3042 www.devscience.com EXHIBIT B Contents 1 Introduction a. Devscience 2 Proiect Descriotion a. Description of Work b. Project Goals c. Project Duration d. Technical Requirements 3 Budaet a. Project Budget b. Important Notes and Assumptions c. Terms d. Cancellation 4 Other a. City of Santa Ana Contact and Approver b. Promotional Use c. Nondisclosure d. Copyrights and Trademarks e. Ownership to Web Pages and Graphics Devscience 909,292.3042 Personal and Confidential Page 2 7/11/2005 1.0 Introduction The City of Santa Ana has requested a proposed solution and the associated development costs for the re-design, programming, testing of the City's web presence. The site templates will be designed to reflect the quality of the City of Santa Ana brand, and will be used to reach out to new and existing customers/constituents for information. This proposal outlines Devscience's solution for developing such a site, utilizing information and interaction provided by City of Santa Ana, as well as our expertise in developing high-end, award-winning web and multimedia experiences. 1.A Devscience Devscience has provided experienced strategic consulting, technical excellence, and award-winning creative solutions to high-end companies since the birth of multimedia and the Internet. Our work at the County of Orange: . Orange County Government Online www.ocaov.com Website Design, Development and Maintenance. Integrated with Interwoven TeamSite Content Management Software. Create Style Guide. . Child Support Services css.ocaov.com (internet and intranet) . Auditor-Controller aC.ocaov.com . Treasurer-Tax Collector - ttc.ocaov.com . The County Executive Office - www.ocaov.com/ceo. www.ocaov.com/finance, www.ocaov.com/risk . The Office of the cra www.ocaov.com/it . Clerk of the Board htto://www.ocaov.com/cob . Integrated Waste Management - www.oclandfills.com . Housing and Community Services - www.ochousina.ora Board of Supervisors . Supervisor Bill Campbell bos.ocaov.com/third/ . Supervisor James Silva bos.ocaov.com/second Devscience 909.292.3042 Personal and Confidential Page 3 7/11/2005 . Supervisor Lou Correa bos.ocaov.com/first . Supervisor Chris Norby bos.ocaov.com/fourth Previous clients include Pacific Life, iNet4cars, Union Bank of California (Select Benefit), Canyon Mountain Entertainment, Dataverse, Hijackradio.com, U.S Telefone, Natural Incorporated and others. All Design and Development projects reflect our unwavering commitment to blend targeted, highly creative solutions with the innovative use of technology. Additional Services available upon request include the following: Database development Active Server Page Application Development Website Maintenance and Marketing Site hosting, eCommerce and Maintenance Graphic Design and layout for print Corporate Identity (logo design, business card/letterhead/envelope design) Newsletter Design CD ROM Development Custom Programming Devscience 909.292.3042 Personal and Confidential Page 4 7/11/2005 2.0 Project Description 2.A Description of Work The re-design of the City of Santa Ana website can be broken in the following development areas: Re- Desio n The City of Santa Ana website re-design will be based on the following criteria: RFP 105-075 City of Santa Ana Style Guide Input from the City of Santa Ana Web Team Industry Best practices Two design compositions are attached to this proposal Interface Desion The City of Santa Ana interface design and navigation elements will be designed to fit visually within the established brand image of the City. The interface design will be easily navigable, and will allow users to quickly find applicable information at the click of a mouse. The overall experience of the site will be designed to be both intriguing and informative. A "Global" site-wide navigation bar will be created to allow users consistent navigation, regardless of the location within the site. Accessibilitv The City of Santa Ana website templates will be designed to comply with Section 508 of the Federal Governments Accessibility Guidelines as well as WCAG Priority One. Testing will be performed on the templates to insure compliance. Develooment and Imolementation The development of City of Santa Ana web site will focus on functionality, including the ability for users to navigate easily throughout the site and find Devscience 909.292.3042 Personal and Confidential Page 5 7/11/2005 information quickly and efficiently. Devscience will create html templates using server side includes to allow for easy updates by the City of Santa Ana web team. The approved templates will be delivered to City of Santa Ana web team staff for implementation. 2.B Project Goals In addition to providing an informative presence on the web, the City of Santa Ana site will be designed to serve the following purposes: . Highlight exciting new projects within the City, such as the Artists Village, Farmers Market and multiple new loft projects. . Create a "call to action" contact through phone or web form. Encourage electronic communication with City (Indirect action). . Remember the City of Santa Ana website and return when they are ready to take action, or return to the City of Santa Ana.com website to gather more information. . Build and enhance the City profile, communicate effectively with constituents and partners. 2.C Project Duration Design and development of the templates will be completed 4 weeks from project start. 2.D Technical Requirements This site will be compatible with Microsoft Internet Explorer and Netscape Navigator versions 4.0 and above. Many Santa Ana residents will be reaching the site through dial-up connections. The Site should load quickly and use best practices: navigation reuse, image optimization and use of cascading style sheets. The City of Santa Ana will be able to use Macromedia Dreamweaver to update the page layout and Macromedia Contribute to update content. The template will not use Macromedia Flash or Sound. A search box will be included in the web site template. Devscience 909.292.3042 Personal and Confidential Page 6 7/11/2005 3.0 Budget The budget breakdown shown on the following page represents our best estimate based on the Description of Work and section 3.B Notes and Assumptions following the budget section. While we believe we have included the appropriate number of hours to complete the project, it is common for projects to change slightly in scope as the project develops. Devscience will advise the City of Santa Ana of the effects of any modifications, both in terms of budget and schedule. Any changes to the scope of the project will be billed on a time and materials basis. This proposal is based on deliverables; however, we have included the estimated time per task. 3.A Project Budget Design and Development Information Architecture (Site Navigation) Look and Feel Design Portal Home Page Template Interior Page Template Department Home Page Template Revisions to Look and Feel Template Production/Programming Accessibility - (Section 508, WCAG priority1 automated) Template training w/ Santa Ana Web Team Total Hours 114 hours @ $85/HR 22 hours 30 hours 14 hours 14 hours 8 hours 16 hours 7 hours 3 hours Total Cost $ 9,690.00 Hourly Rate Any work out of scope of the contract will be billed at a rate of $85 per hour. Devscience 909.292.3042 Personal and Confidential Page 7 7/11/2005 3.B Important Notes and Assumptions 1. All content provided in "final" form to Devscience will be used "as-is", without the need for changes, additions, or modifications. 2. Devscience is not responsible for writing or editing site content. 3. Timely feedback from the City of Santa Ana contact during the development process is imperative to ensure schedule. Compositions or templates submitted for feedback must be reviewed within 24 - 48 hours to stay on schedule and budget. 3.C Terms Payment shall be made in accordance with the contract entered into with the City of Santa Ana. 3.D Cancellation In the event the City of Santa Ana chooses to cancel the project after work on the project has begun, Devscience shall be paid all outstanding invoices, plus additional amounts based on the percentage of work completed through the cancellation date. Devscience 909.292.3042 Personal and Confidential Page 8 7/11/2005 4.0 Other 4.A City of Santa Ana Contact and Approver At the initial project start meeting City of Santa Ana shall designate one person to be the primary contact for the project this person is authorized to give approvals, changes and revisions to Devscience during the development process. If this contact is changed during the project, the schedule will be extended and additional costs may be incurred. 4.B Promotional Use Devscience has the right to use the project(s) developed for its own promotional uses. With the permission of the City of Santa Ana a small text link will be placed at the bottom of the home page to the Devscience website. 4.C Nondisclosure The Developer its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party. 4.D Copyrights and Trademarks The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer from any claim or suit arising from the use of such elements furnished by the Client. 4.E Ownership to Web Pages and Graphics Copyright to the finished assembled work of web pages produced by the Developer and graphics shall be vested with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. Devscience 909.292.3042 Personal and Confidential Page 9 7/11/2005 Proposal Authorized by: #"y~~ Stephen J Salcido Owner Devscience Devscience 909.292.3042 Personal and Confidential Page 10 ~/h00lS I I 7/11/2005