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13961
RESOLUTION NO. 13961 A RESOLUTION RATIFYING A CONTRACT WITH MULTI- DESIGNS, LLC AUTHORIZING THE CREATION OF THE CHOOSE PUEBLO WEB PAGE AND APPROVING A FIRST AMENDMENT TO SAID CONTRACT TO INCREASE THE AMOUNT ALLOWED FOR PHOTO/VIDEO CONTENT PRODUCTION AND ACQUISTION UP TO, BUT NOT EXCEEDING, $23,000 WHEREAS, the City of Pueblo desires to establish and maintain a Choose Pueblo web page to enhance the virtual presence of the City of Pueblo and to attract those interested in visiting and relocating to our community; and WHEREAS, a Contract with Multi-Designs LLC, was accepted by city staff, May 25, 2017; and WHEREAS, A new introductory video is desired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The contract dated May 25, 2017 between Multi-Designs, LLC and the City of Pueblo, a Municipal Corporation, copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby ratified. SECTION 2. The First Amendment to the Contract, dated May 14, 2018. between Multi- Designs, LLC and the City of Pueblo, a Municipal Corporation, copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 3. The President of City Council is Authorized to execute and deliver said First Amendment to the Contract in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the Acting City Clerk is directed to affix the Seal of the City. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Resolution and the attached Contract and First Amendment to Contract, to implement the policies and procedures described therein. SECTION 5. This Ordinance shall become effective upon final passage and approval. INTRODUCED: May 14, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: May 14, 2018 TO: Council President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: John Vigil, Assistant City Manager SUBJECT: A RESOLUTION RATIFYING A CONTRACT WITH MULTI-DESIGNS, LLC AUTHORIZING THE CREATION OF THE CHOOSE PUEBLO WEB PAGE AND APPROVING A FIRST AMENDMENT TO SAID CONTRACT TO INCREASE THE AMOUNT ALLOWED FOR PHOTO/VIDEO CONTENT PRODUCTION AND ACQUISTION UP TO, BUT NOT EXCEEDING, $23,000 SUMMARY: Attached is a proposed resolution which will ratify a contract and approve a first amendment to said contract increasing the allowable expense for photo/video content from $2,000 to $8,000. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On May 25, 2017 Assistant City Manager John Vigil accepted a contract from Multi- Design, LLC. The original contract is for $15,000 over two years, and provides for the design, development, launch and maintenance of the Choose Pueblo web page. The purpose of the Choose Pueblo web page is to enhance the virtual presence of the City of Pueblo and to attract those interested in visiting and relocating to our community. In November 2017, an updated introduction video was identified as a priority to enhance the web page. Five thousand dollars was budgeted for the video in the 2018 budget. Mr. Vigil raised an additional $3,000 in donations for the video. This amendment increases the line item in the contract for production of video and photo content from $2,000 to $8,000. FINANCIAL IMPLICATIONS: Adopting this Contract through 2018 will cost $23,000. This includes design, development, launch, and maintenance through December 2018, and the production of the new introduction video. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If the City Council does not approve the term of the Contract, the maintenance of the web page would cease, and the video would not be created. RECOMMENDATION: City Administration recommends approval of this Resolution. Attachments: Copy of Contract with Multi Designs, LLC, First Amendment to the Contract MULTI DESIGNS SERVICES 2017 PHASE 1-Design, Development, Launch, Post Launch Maintenance $7,000.00 2018 PHASE 2-Post Launch Maintenance &Content Production $6,000.00 OPTIONAL-Photo/Video Content Acquisition $2,000.00 TOTAL: $15,000.00 Timeline&Payment Terms: • Phase 1 begins June 1,2017 ending December 31, 2017 paid in quarterly installments of$3500. • Phase 2 begins January 1, 2018 ending December 31, 2018 paid in quarterly installments of$1500. • Payments for each invoice delivered by Multi-Designs to Client are due within 15 days of receipt. In case of overdue payments, Multi-Designs reserves the right to stop work until payment is received. PROJECT DETAILS Design&Development • Domain registration and hosting for discoverpueblo.com (includes first year of basic hosting) • Core design template • Supporting website graphics(i.e. banners, theme imagery) • Initial content development and implementation • Blog/news feed • Video integration • Basic SEO(keywords,titles,tags) • Individual user access for additional content editors Post Launch Maintenance per month • Regular content updates per month up to 8 hours • Plugin and core Wordpress framework updates • Security monitoring • 1 content review meeting per month Content Acquisition • Video production* • Photo web use licenses* *Billed as incurred 2 © Multi-Designs. LLC I multi-designs.com 1719-581-9713 M T LI - DESIGNS ADDITIONAL FEES Additional Hours:The original agreement includes up to 8 hours per month of content updates and implementation. In the event the project requires more than 8 hours,each additional hour will be billed at $65 per hour. One-On-One Training-2 hours: In the event additional users are given access, Multi-Designs will provide one-on-one training sessions to anyone that requires it. These sessions provide an overview and step-by-step instruction on how to update, add text, photo and video content to the website. Upgraded Hosting Packages:The original agreement includes basic domain registration and hosting for discoverpueblo.com with unlimited 1GB email accounts, 10GB of storage space and up to 10,000 monthly visitors. It also includes monthly backups and updates to the website's framework and plugins. In the event this is not sufficient or additional services are required such as SSL certificates or analytics, the following upgrades are available. • Annual Plus Hosting(Hosting+SSL)-$325/year:This package includes the annual registration of your domain, hosting and SSL certificate as well as the initial setup and monthly security monitoring, backups and updates to your core website framework and plugins. • Annual Plus Hosting(Hosting+SSL+Analytic Reporting)-$550/year.This package includes the features of the Annual Plus Hosting Package with the addition of monthly analytic reports detailing website traffic and behavior. TERMS & CONDITIONS Changes:Any material changes to the Agreement, including new website features, services, hosting upgrades and resulting fees must be approved by written consent of both parties. Extensions: Except to the extent(if any) otherwise provided in this Agreement,the term of this Agreement will be automatically extended for successive one-year periods(subject to the"Cancellation" section below), on the same terms and conditions as in effect immediately prior to the then-current expiration date, unless either party gives the other notice of non-extension at least 30 days before the then-current expiration date. Cancellation: Either Party may terminate this Agreement at any time, with or without cause, upon 10 days written notice. Multi-Designs shall reserve the right to retain all payments made up to the termination. In the event this amount is not sufficient to cover time and expense already invested in the project, additional payment is due and will be billed within 15 days of notification to stop work. At this point ALL rights revert to Multi-Designs including all artwork, assets and designs created for the project. Copyright,Usage and Ownership: Multi-Designs hereby grants Client a perpetual, non-exclusive, worldwide, royalty-free license to use the finished assembled work of web pages,the design, graphics and text contained in the finished assembled website, upon full payment. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. 3 © Multi-Designs, LLC I multi-designs.com 1719-581-9713 0 muLTI .... DEsIGNs through Multi-Designs'gross negligence;(ii)out of any claim that the materials or deliverables, or any portion thereof, in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent,copyright and trade secret rights;or(iii)from a breach or alleged breach of any of Multi-Designs' representations,warranties or agreements herein. Client agrees to indemnify,defend and hold harmless Multi-Designs from any and all claims,actions,damages, liabilities, costs and expenses(including,without limitation,reasonable attorneys'fees)arising in any manner caused by Multi-Designs' (i)gross negligence;(ii)out of any claim that Client provided content,or any portion thereof in fact infringes upon or violate any proprietary rights of any third party,including but not limited to patent, copyright and trade secret rights;or(iii)from a breach or alleged breach of any of Client's representations,warranties or agreements herein. Client hereby agrees Multi-Designs may use the work product as part of Multi-Designs' portfolio and websites,galleries and other media solely for the purpose of showcasing Multi-Designs'work but not for any other purpose. Multi-Designs will not publish any confidential or non-public work without Client's prior written consent. Choice of Law and Litigation:This Agreement shall be governed and interpreted in accordance with the laws of hte State of Colorado. In the event of any litigation arising under the Agreement,the court shall award to the prevailing party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County,Colorado. All such litigation shall be filed in the District Court,County of Pueblo,State of Colorado and each party submits to the jurisdiction of such District Court.To the extent allowed by law,each party hereby waives its right to a jury trial. No separate or additional payment shall be made for profit,overhead, local telephone expenses, lodging,routine photocopying,computer time,secretarial or clerical time or similar expenses. No compensation shall be paid to Multi-Designs for services required and expenditures incurred in correcting Multi-Designs' mistakes or negligence. Compensation for authorized work beyond the scope of the Agreement shall be governed by a separate and subsequent agreement. In the event services under this Agreement are phased and are to be performed in more than one fiscal year or are subject to annual appropriation, Multi-Designs acknowledges that funds only the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. Multi-Designs agrees to comply with all state-imposed mandates prohibiting illegal aliens from performing work as is set forth in C.R.S.8-17.5-101 et seq. 4 © Multi-Designs, LLC I multi-designs.com 1719-581-9713 MULTI - DESIGNS CREATIVE SERVICES CONTRACT [ Discover Pueblo Website Development] This contract (the "Creative Services Agreement") is entered into by and between the below named parties (the "Parties"). Client(the "Client") Contractor("Multi-Designs") City of Pueblo Multi-Designs, LLC John Vigil Nicki Hart Jovigil@pueblo.us nicki@multi-designs.com 1 City Hall Place 421 N Main Street 406 CO 81003, Pueblo, US CO 81003, Pueblo, US Services Multi-Designs agrees to perform services and Client agrees to pay Multi-Designs as described under the Services, Additional Fees, Terms and Conditions sections of the Creative Services Agreement. Signatures In witness whereof, the Parties, have executed this Agreement, inclusive of the Services, Additional Fees, Terms and Conditions as of the later of the two dates below (the "Effective Date"). APPROVAL & ACCEPTANCE OF TERMS Client Representative Multi-Designs Representative - gnat A; Date Sig ure Date 1 © Multi-Designs, LLC multi-designs.com 1719-581-9713 MULTI - DESIGNS AMENDMENT OF CONTRACT [ Choose Pueblo Website As of the later of the two dates below (the "Effective Date"), this amendment (the "Amendment") is made by Multi-Designs and the City of Pueblo, parties to the Creative Services Contract dated 5/25/17 (the "Agreement"). The Agreement will be changed as follows: Photo/Video Content Acquisition - $8,000 Client(the "Client") Contractor("Multi-Designs") City of Pueblo Multi-Designs, LLC John Vigil Nicki Hart Jovigil@pueblo.us nicki@multi-designs.com 1 City Hall Place 421 N Main Street 406 CO 81003, Pueblo, US CO 81003, Pueblo, US Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. APPROVAL& ACCEPTANCE OF TERMS Client Repress • 've Multi-Designs Representative s/a I 5-/A-/-18 / �4,'! 1 Signa ure Date Sign. . e Date 1 © Multi-Designs, LLC I multi-designs.com 1719-581-9713