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Professional Services Agreement - Pathfinders Advertising and Marketing Group Inc - Redesign of southbendin.gov
1316 COUNTY-Crry BUILDING 227 W, W"MRSON BOULEVARD Sotnii BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BumGIEG, MAYOR BOARD OF PUBLIC WORKS January 23, 2018 Kelly Ball Pathfinders Advertising and Marketing Group, Inc. 1250 Park, Place Mishawaka, IN 46545 RE: Professional Services Agreement Dear Ms, Ball: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on January 23, 2018, approved the above referenced agreement regarding the design and build of a redesigned southbendin.gov in the amount of $40,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (5 74) 23 5 - 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Anna Kennedy, Innovation & Technology Santiago Garces, Innovation & Technology Dan O'Connor, Innovation & Technology Jen Hockenhull, Administration & Finance GARY A. Gn,o-r SUZANNA M. FR1TZB1`.,R(.i ELIZABETH A. MARAINK JAMEs A. MUELL.1-R TIIERESE J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES This Agreement For Professional Services (this "Agreement") is entered into on January 23, 2018 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Pathfinders Advertising and Marketing Group Inc., an Indiana corporation with its registered office at 1250 Park Place, Mishawaka, Indiana 46545 (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows; I. Services. The Provider will provide to the City the professional services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Scope of Work"). In the event of any conflict between the terms of this Agreement and the teens of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum not to exceed Forty Thousand Dollars ($40,000.00) (the "Contract Amount"). The City will pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Scope of Work (each a "Contract Installment"). The sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. Tenn; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the other Party, either Party may terminate this Agreement, in whole or in part, for any reason. In addition, in accordance with Ind. Code 6-1.1-18, payments are subject to appropriation by the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled, provided that payment is made to the Provider for all services already rendered to the City by the Provider in accordance with the terms of the Scope of Work. A determination by the City that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment, except for payment in the amount to cover services already rendered to the City by the Provider in accordance with the terms of the Scope of Work, or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. Remedies for Breach of Contract. In the event of any breach of this Agreement by either Party, the non -defaulting Party may pursue any and all remedies available to such Party at law or in equity. The Provider's failure to complete the Services in accordance with this Agreement will be considered a material breach, and the City will not be obligated to pay for any services not rendered or not rendered to the City's reasonable satisfaction. 5. Point of Contact. The City employee identified in Section 10 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. No employee of the Provider will be considered or deemed to be an employee of the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. Indemnification. The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The City hereby agrees to defend, indemnify, and hold harmless the Provider, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the City under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the Provider, its officials, directors, employees, and agents. The respective obligations of the Parties under this section shall survive the termination of this Agreement. 8. Work Product, Ownershii . The Provider will submit its work product to the City in accordance with the terms of the Scope of Work. Any and all work product submitted by the Provider to the City as part of the Provider's performance of the Services will become the exclusive property of the City, and the City will have the right to use and reproduce copies of the Provider's work product as the City determines in its sole discretion without compensation to the Provider except the compensation expressly provided for in this Agreement. 9. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 10. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: City: Pathfinders Advertising City of South Bend 2 1250 Park Place Boulevard, 12"' Floor 227 W. Jefferson Boulevard, Suite 1400 N. Mishawaka, IN 46545 South Bend, IN 46601 Attn: Kelly Ball Attn: Rene Casiano, Director of Applications 11. Equal Opportunity; Non -Discrimination; Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all federal, state, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. 13. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 14. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana. 15. Attorney Fees. In the event of any dispute arising under this Agreement, the prevailing Party in any such action to enforce its rights hereunder shall be entitled to collect from the other Party its costs and reasonable attorneys' fees incurred in connection therewith. The respective obligations of the Parties under this section shall survive the termination of this Agreement. 16. Performance. Provider shall strive to ensure that its performance under this Agreement complies with the expectations identified in any scope of work or statement of work agreed upon by the Provider and the City. The City may, at any time, provide written notice to Provider of any concern regarding Provider's performance under any scope of work or statement of work. If any such notice is delivered to Provider, Provider shall take reasonable steps to perform under the scope of work or statement of work. [Signature page follows.] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement For Professional Services to be effective as of the Effective Date stated above. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot, President Therese Dorau, ember Suzann Fritzberg, Member Elizabeth Maradik, Member James Mueller, Member ATTEST: Lirida Martin, Clerk PATHFINDERS ADVERTISING AND MARKETING GROUP INC., an Indiana corporation By: ..._ Printed: j- t t y jl Its: 0 Date: i 3000.000000164098159.004 0 EXHIBIT A Scope of Work [See attached.] EXHIBIT B Contractor's Affidavit [See attached.] Wheir the prospective Contractor is anable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF } } SS: COUNTY } The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16,5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in F-Non-Collusion Non -Debarment Affidavit Non Iran Form 2012 the energy sector in Iran; and (ii) at the tune the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. F-Nan-Collusion Non -Debarment Affidavit Non Iran form 2012 Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (1.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this i 9 11* day of ,20 ! g e-NX�,,Aers Ayer+r ' nti Contractor/Bidder (Finn Si nature of ontr tar rdder or Its Agent jLe11y p��� 1)«t Pre& Printed ame and 76itle Subscribed and sworn to before me this day of , 20jIq My Commission Expires Notary County of Residence P-Non-Cul lesion Nor-Debarmciit Affidavit Non Iran form 2012 MUTUAL CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT This Mutual Confidentiality and Nondisclosure Agreement ("Agreement") is made by and between the City of South Bend, Indiana ("City") and Pathfinders Advertising and Marking Group Inc., an Indiana Corporation with offices at 1250 Park Place, Mishawaka, Indiana 46545 (the "Provider") (together, the "Parties"). The Parties agree as follows: Confidential Information: The term "Confidential Information" refers to all documents and information disclosed by one Party or its employees, contractors, or agents (the "Disclosing Party") to the other Party (the "Receiving Party") in oral, written, graphic, physical, electronic, or other form, irrespective of whether such documents or information are patented, copyrighted, or categorized as a trade secret or know-how or whether any application for patent or copyright protection is pending or contemplated. Confidential Information does not include, however, information which (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Receiving. Party, (ii) was available to the Receiving Party on a non -confidential basis prior to its disclosure by the Disclosing Party, (iii) is received by Receiving Party from a third party without a duty of confidentiality, or (iv) is independently developed or procured by the Receiving Party. Nondisclosure of Confidential Information: Subject to the terms and limitations of this Agreement, the Receiving Party represents and warrants that it will maintain the secrecy of all Confidential Information and will disclose such information only to persons or entities mutually agreed to in writing by the Parties, it being agreed that the Receiving Party may share Confidential Information with its officers, employees, and agents who have a need to know such information to perform their duties. Disclosures Required by Law. In the event any Confidential Information is required to be disclosed by law, including, without limitation, the Indiana Access to Public Records Act (Ind. Code 5-14-3, as amended, the "Act") or order of any government authority having jurisdiction over the Receiving Party (including as necessary for a party to assert a claim in a court of competent jurisdiction), then to the extent permitted by law, before any such disclosure, the Receiving Party will provide notice to the Disclosing Party reasonably sufficient to allow the Disclosing Party the opportunity to apply for, at its sole expense, a protective order or other restriction regarding such disclosure. If in such circumstances the City is legally compelled, by the City's application of the Act in its discretion or by a valid order of a court of competent jurisdiction, to make such disclosure, it shall: (a) disclose only that portion of the Confidential Information that it is required to disclose; and (b) for all other purposes continue to treat such Confidential Information as Confidential Information pursuant to this Agreement. Trade Secrets. The Parties acknowledge that the City is subject to the requirements of the Act. In the event the Provider determines any Confidential Information, including, without limitation, documents, slideshow presentations, data, reports, or other materials, that it wishes to disclose to the City under this Agreement constitutes or contain trade secrets, the Provider will prominently designate and mark them as such prior to disclosing them to the City. Upon receiving Confidential Information designated and marked as trade secrets, the City will give such Confidential Information the fullest protection of non- disclosure permitted under the trade secret exception of the Act, Ind, Code 5-14-3-4(a)(4), and any other applicable exception from the Act's disclosure requirements, as determined in the City's discretion. Prohibition on Use of Confidential Information: The Receiving Party covenants and agrees that neither the Receiving Party nor any third party with whom the Receiving Party has shared Confidential Information in accordance with the terms of this Agreement will use any Confidential Information in any way except as permitted by this Agreement. The Parties, at their sole discretion, may enter into a future agreement whose terms will apply to further interactions between the Parties if desired. Effective Date: This Agreement shall be effective as of the date when executed by signature of both Parties. Return of Confidential Information: The Receiving Party agrees to promptly return or destroy all Confidential Information of Disclosing Party at such time when Disclosing Party requests the return of any Confidential Information from the Receiving Party, such request to be in writing. At the written request of the Disclosing Party, any such destruction shall be confirmed in writing by the Receiving Party. Notwithstanding the foregoing, Receiving Party shall not be required to return or destroy electronic copies of documents containing Confidential Information pursuant to standard archival or back-up procedures or copies of documents that include Confidential Information retained in order to satisfy any law, regulation or internal policy to which it is subject. Any Confidential Information that is not returned or destroyed will continue to be kept confidential and subject to the terms of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the City will not be required to take any action that would violate any applicable public access law (including the Act), record retention law, or other law or regulation, and the City's compliance with such laws and regulations will not be deemed a default under or a breach of this Agreement. Applicable Law: Any controversy or claim arising out of or relating to this contract or the breach thereof, shall be governed by the laws of the State of Indiana. The Parties agree that the proper and convenient venue for the claims arising from the breach of the terms of this Agreement shall be St. Joseph County, Indiana. Attorney Fees: The Parties hereto agree that should a dispute arise from a breach of any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in the prosecution or defense of any claim or suit. Equitable Remedies: The Parties hereby acknowledge and agree that, in the event of any breach of this Agreement, including without limitation, the unauthorized disclosure or use of Confidential Information, the Disclosing Party may suffer an irreparable injury, such that no remedy at law may afford the Disclosing Party adequate protection against or appropriate compensation for such injury. Accordingly, the Parties agree that the Disclosing Party shall be entitled to injunctive relief and other damages as may be granted. Assignment: This Agreement is binding on the Parties and their respective successors and assigns. Upon prompt written notice to City but without the requirement of City's consent, the Provider may assign this Agreement in connection with a merger, change of control, consolidation, or sale or other disposition of all or substantially all of the Provider's assets. Any other assignment of this Agreement by either Party will be null and void, except with the other Party's prior written consent. Entire Agreement: This Agreement contains the entire agreement and understanding between the Parties as to the subject matter herein, and supersedes any prior or contemporaneous understandings, commitment or agreements, oral or written, pertaining to such subject matter. Further, if any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. Agreement may not be modified except in writing, executed by the Parties with the same formality of this Agreement. Acknowledgement: The Parties hereby agree to be bound by the terms of this Agreement as indicated by their acknowledgement below. F [COMPANY NAME] By: _ Printed: Its: Date: City of South Bend, Indiana Innovation & Technology Department Rene Casiano, Director of Applications Date Shawn Delahanty, Director of Services Date Dan O'Connor, Chief Technology Officer Date 3 v QQQmul i¢ F N V� ��R �rl�Y,� z, ... hnii �nx C ITY 0F S VIaN IJ T H �II�YX+N E D WEBSITE DEVELOPMENT SCOPE OF WORK . . DOCUI'VIIEN'r OVERVIEW This document outlines our scope of work for the execution of strategy, design, copy, and HTML development for the City of South Bend. By signing up for these services creates a contract between customer and Pathfinders Advertising and Marketing Group, Inc, CO201 i Pathfinders I All Rights ReservecL Potential Client: City ofSouth Bend Project: \Nebsite Development Date: Jamuary4,2018 Version: 3 �����������UCT 10 N The City mfSouth Bend needs a high ly-strategiccommunication platform that will use technology to help support its mission, to deliver service that empowers everyone to thrive. This will come tolife through aredesigned, rebuilt southbendin.gov.The new vvebsiLeshould serve as a hub for people to go to for information; reflect a modern, engaging front-end' experience that brings tolife the personality ofthe City; aawell as, develop arobust back -end CMS that makes iteasy toupdate and maintain ongoing. Building avvebsiteisacomplex task with many unknowns. Asastrategy-first agency, uYebegin any relationship with mn in-depth discovery phase toreveaUthe real pain points people are experiencing with your current website as well understand your business challenges, This helps us define user personas, identify risks, answer questions, prioritize requirements, and ultimately deliver astrategic plan that will meet objectives and key performance indicators. After the discovery phase, we have adefined scope that provides the vision to move through the core development and execution of the website. This approach allows our collective team tostart small, learn fast, and provide value aosoon aspossible. With Pathfinders hxyour side, you will have sound strategy, great creative, and tangible results. VVmare built for this opportunity, and look forward bza long-term partnership that helps move llU P Pii 1" U`1 F I N 0 1 R S [$J]JJ1* .T Pathfinders uses a new, innovative approach to website development called Growth Driven Design (GDD), GDD embraces agile methodologies and focuses on developing a data driven website that is constructed with adaptability and flexibility in mind. One of the principal tenets behind this approach hinges on mitigating the risk associated with building a non -data driven digital product that leverages popular trends, and where decisions made are, ultimately, based on unproven hypotheses. In many cases, decisions are made based on features without any real visibility into what the impact those decisions will have on solving audience, pain points. It is not until post -launch that an analysis of results occurs, and at this stage it is oftentimes too late to bring a project back to the drawing board. Our approach is to view a website as an iterative, continuously evolving platform. GROWTH DRIVEN DESIGN IS BASED ON THREE CENTRAL PILLARS- • Minimize risk— Let the data dictate ongoing decisions • Continuously learn and improve —Websites are not static and design can be dynamic based on data Inform marketing and communications — Take findings from the design process and leverage them within marketing and other communication initiatives The result is a website that is continuously evolving and built in stages according to assumptions that are validated or invalidated based on data, and where features are rolled out in a manner that both inform and are informed by experiences andl learnings from the internal teams. This approach increases the potential impact that the City of South Bend can have on business objectives, and minimizes the risk inherent to a traditional website redesign process. (02018 Pathfinders I All Rights Reserved. T fl n, HI LJJ ri STRATE"GY An in-depth discovery phase reveals the real pain points people are experiencing. It helps determine your USers" needs, what to measure, ond risks ossociated with the project. It"s where we immerse ourselves in the project to get the background we'll need to make information architecture, technical, and design decisions later in the project, It also helps ofign a website with overall business objectives. This project will commence with an examination of: • Goals & Personas — What is the City trying to achieve? What impact is the website trying to make on the venue and business and why is it important? Who are the people that are coming to the website and who are the people that we're interacting with? • Website & Analytics Audit — Quantitative analysis of southbenclin.gov analytics data (as relevant) to determine how audience is currently interacting with website. Where are visitors dropping off from the funnel? What areas of site seem to resonate? Where are current users of the current site having points of pain? • Existing Content and Assets — Review all existing elements available to determine what assets/content is necessary to achieve site visions • Technical Audit — Understand the current platform, overall ecosystem and 3 rd_ party integrations. • User Experience Research —Ask questions of representative Personas to help inform perspective of what sort of website content will be most effective. • Competitive/Digital Product Benchnnarking — Evaluate other digital products, both part of an outside our industry, to determine strengths and weaknesses and opportunities to innovate with your own product. • Fundamental Assumptions — Pursuant to above exercises, certain baseline assumptions can be made about: value propositions; why visitors are coming to the website; where they're coming from; what the points of pain are, • Global & Page Strategy —These fundamental assumptions become the foundation for global and page -by -page based strategies. • Brainstorm' Wish List — Coming out of the research phase, with an understanding of personas/goals/etc., and having formulated strategies at both the micro and macro levels, Pathfinders and City of South Bend teams should be able to formulate a comprehensive wish list of ideas and specifications around website pages, sections, features, etc, for inclusion in the ideal website. OL 2018 Pathfinders I All Rights Reserved. r ,f l RS311IF 11110 1 Deliverabl'es • Information Architecture —Organize information to make its retrieval as simple as possible. More specifically, provide information structure and means of navigating through the development of a site map to reflect the specific user and business needs. o Up to two (2) revisions to the site map are included as part of this scope of work • User Flows — Identify how users flow through, interact with website and design the structure of the platform to ensure users can execute tasks efficiently. • Sketching — Hand -draw design ideas that allow us to quickly generate and gather feedback on lots of design ideas, and help to decide which ideas to pursue in higher fidelity. • High -Fidelity Wireframies (As Relevant) — Explore ideas that represent the framework of the platform, exploring content, navigation and interactions before moving into graphic design and development. Allows stakeholders to agree on direction, test ideas with users, and refine ideas based on feedback. • Up to two (2) revisions of defined wireframes are included as part of this scope of work • NOTE: Wirefromes will be provided for high -impact pages only, as determined as part of this phase These are high -value pages that typically see high traffic volume (based on analytics) or are critical to completion of a goal No more than five (S) page templates will be provided as part of high- fidelity wireframes and Strategy phase • It's our goal not to irely on these too heavily because ideas will evolve as we get into the development of the Launch Pad website, and we want to avoid' overanalyzing • Provide Road Map/ Project Plan — Deliver execution ideas for how we can deliver upon the overall objectives, requirements, and wish list. TIMING: 4 to 6 weeks CO2018 Pathfinders I Ail Rights Reserved. 4 A V LAUNC[i� PAD WEBSITE When developing a new website, it's irnpOSSible to predict everything upfront. By building o site with only the core, value --driving elements (that".S., still better than your cur -rent we we avoid overanalyzing and can focus on challenges, not .features. Once the Brainstorm Wish List has been completed, and a full inventory of desired functional and feature inclusions has been identified, the Pathfinders and City of South Bend teams will perform an 80/20 analysis (e.g., "What are the 20% of items that will make 801% of the business impact?") on that inventory of wish list items. These items will be set aside and then prioritized in sprints to identify the items that are mission -critical to launch the website. A sprint, in agile development, is a set period of time during which specific work must be completed and made ready for review. At this point, the first sprint cycle will commence towards the completion of the Launch Pad (also commonly referred to as a MVP — Minimum Viable Product) website and will follow this basic workflow: 4 Iff 4 illllffi/ <-NINE= <_ During the development cycle, efforts will be made to identify the data collection methods required for validation, our fundamental assumptions. The underlying goal of the Launch Pad website is to launch quickly in order to start making data driven improvements to the website. TIMING: 45 days upon completion of research and strategy I C2018 Pathfinders I All Right� Reserved. GROW 11-1 DRIVEN DESIGN Once the Lounch Pad website has been completed, attention will be turned to the remaining Wish List items that generallyfoll into one of four top-level categories: Conversion points User path Testing value props Split testing Navigation Ex. Blog Layout Ul Improvements Mobile experience Personalization By interests By device By previous actions Tool's Mlarketin:g resources Directories/listings The inventory of wish list action items will be evaluated in light of basic hypothesis statements to determine the order by which the items will be deployed to the website. The hypothesis statement will identify the (a) persona and (b) page being impacted as well as the (c) status quo / control variable versus the (d) new variable being introduced. Finally, it will (e) suggest the expected impact and (f) the reasons fueling those expectations. HYPOTHESIS A For [Mw kl etlur�,g NAary] visiting the [NIck,-�g Page], we believe changing [Eritei,p'ise Rdcing] into a C,)j,iot(.,,.,"] will [['.)C)ost [")y ,,1 5, We believe this to be true because [res(,.�arch oir pr(,.,vk�)�.i[l� v� IN"Jated (D2018 Pathfinders, I AH Rights Reserved, Lance the hypothieses have been determined, they will be evaluated based on: • Expected impact • Required effort • Impacted metrics (for measurement) • Definition of completion (to measure impact definitively) All open wish list items receive this treatment. Once all wish list action items have been identified and hypothesis statements have been written, they will be prioritized according to their presumed impact: 1" 1110 1`11 "'III' l Z E BY E X F E C T E D I M PAc"r Wish list items are then evaluated for inclusion in monthly sprint cycles. These sprint cycles are user -centric and seek to continuously increase the effectiveness of the website from the perspective of the user. (F)2013 Pathfinders I All Rights Reserved. 1111i"11,1H NO IRS Cvcescommence with xPlanning phase, where the wish list items for inclusion imthat cycle are identified from the inventory ofoutstanding action items. The Development phase commences nnthe current spr|nt'swish list items. Data isaggregated from the completed work activities to i'nform a Learning phase whereby the hypothesis statements are either validated or inwaUidated. Lastly, the Transfer phase communicates learmingsto stakeholders on the marketing and sales teams tohelp improve overall processes and approach. Each Sprint cycle contains Plan, Develop, Learn and Transfer phases. m Performance ofcontrol sample vs. goals sought 6vvariation • Additional data or research as needed • Brainstorm * update wish list v Impact, effort, metrics, completion • Prioritize sprint cycle DEVELOP PHASE • Implement sprint activities m Collaborate on completing tasks • Setup validation tracking m Develop marketing campaign (where apprmpriate,tmdrive users tothe changes that have been made) LEARNING PHASE 0 Rum experiment • Review data • Validate orinvalidate assumptions • Report om|earnimgm owl mulautrimi • Transfer what was learned to improve marketing and sales • Create recommendations m Educate other teams @2.018 Pathfinders I All Rights Reserved. ����D���������1��� m���u��~o�������°� DESIGN w This project includes the creation ofone (1)overall Vve[oitedesign for Client that communicates the established creative tone and look ofthe brand o Client to provide Visual Identity Guide /V|G\ o Uptoone /1\revision tothe general design and look/feel are included aspart of this scope o[work, however, with aV|Gvvmdon't expect this tobeanissue m Creation mfimages, icons, and creative assets w Client to provide access to an image library w It should be noted that ADA and 508 Compliance requirements will influence the overall design and creative assets the vxebsitecan include • Any new photography or video work will be scoped separately * Client to provide copy assetn/ nspinatiom that demonstrate the "voice" and tone in which copy should bewritten * Modifying/rewriting client -provided content toachieve vvebsitevision m Development ofsite content tobe built with SEObest practices in mind L)EVELOPMENT m Programming ofWord Press -powered CK4SVvebaite o Utilization of pre -defined framework to create efficiencies through existing HTML/C8Sprogramming infrastructures • Mobile (includes tablet) and desktop (responsive) page development for entire vvobsite w Integration of APIs orfunctionality from up to five (5) third-partyappUicationia determined in the strategy phase as part ufproject requirements. Examples of such o Dynamics 3O56&Portal (Required focus) • Esr|story maps u APP1 u Animal Care D'Control' o Microsoft products � Initial' requirements included inthis scope ofwork: o Robust search functionality that includes integration with Dynamics 3G5Service Portal ' Returns search results from multiple platforms into one view o Content publishing platform for news and announcements from multiple divisions o Custom user permissions for distributed editing by department and'/or logical function at the City o ADAand SO8Compliance requirements for accessibility mmmPathfinders / All Rights Reserved. 'ERS J) J� 6 1 b , I P Ili 11,,111 N • Custom media/document management • Calendar • Social Media Integration • Multi-Lingu!al Support • Form integration from various platforms • Photo Galleries Additional requirements will be vetted in, the Strategy phase, and prioritized accordingly based on timing, expected impact, required effort, and impacted metrics Website developed in accordance with search engine compliance, this includes, but is not limited to the iinclusion of Meta 'Tags for, each page o Client will be expected to add Meta Tag copy for the pages they populate within the CMS o It is our goal to ensure that all websites are search -compliant as part of the care build of your website development SOW. In other words, oil content can be found and indexed by search engine crawling (spidering) technology. Search engine compliance does not mean website content will be optimized to drive higher search engine page rankings. Pre -launch quality assurance testing, including • All functionality (links, forms, site search, etc,) • Crass -browser testing of recent versions of Google Chrome, Mozilla Firefox, Safari, and IInternet Explorer based on website analytics • Review of target devices and screen sizes based on website analytics • After feedback is gathered and analyzed, Pathfinders will remedy functionality and minor user -experience issues discovered during testing Once the website has launched, up to four (4) hours of CMS training from a Pathfinders development team member will be provided to Client staff members • A brief written guide will be provided that covers the basics of how to perform Ongoing Maintenance Tasks as described in the Extended Website Maintenance section of this document • This is includes specific training for distributed editors • Any further documentation will require a separate scope of work. Support will also include up to ten (10) hours of assistance for Client staff members through video conferencing up to six months after the site launch KD2018 Pathfinders I AH Rights Reserved. ASS �������0 N S m This Scope of Work (SOW) excludes any hard costs associated with third -party vendors. * Pathfinders toprovide access to projectnnanogemmentim1erfaceto6aciUteheend aggregate cVnnnnunicatinnswith Client. w Client will be assigned a digital project manager. This person will act osthe primary point of contact with Pathfinders and will respond to all communications within 24 hours on workdays, unless otherwise notified (and subject to reasonable exceptions). • Pathf indersvviUrequi[e one point ofcontact clUdDgthe Contract for clarifying requirements for design, key features, usability and maintenance issues, Pathfinders requires this person beavailable toanswer questions arising from the project nvKth|m48 hours on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions onthe system. • Hosting for the CIVIS are not included in this SOW. A separate Hosting Setup and Management Agreement may beexecuted to host these services. w All development work will be done on the host server. If development work is to be done on Pathfinders internal servers, Pathfinders will provide Project Change Notice (P,CN) for additional time to transfer files, QA functionality, and take site to live status. • Although Pathfinders makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Pathfinders can in no way guarantee that the Finished Prodwct/u1will not be subject security breaches. Pathfinders reconnnne,nds the use of strong passwords and the observance of standard security practices. The Client is solely responsible for tracking software updates. • Once the core development has been completed and the website has all desired functionality, budget for aseparate Ongoing Services Agreement inorder toproactively maintain the technical integrity of your website, perform routine maintenance, address security vulnerabilities, and manage content is strongly recommended. • Estinmatea/fmmctioma|itybaoed on initial discussions outlined in this document. m Pathfinders isnot responsible for any delay ordefect caused byseparate third party or the Client's in-house teams. m Pathfindiers does NOT intend to use any subcontractors for the dmxm|oprnomt of this website. Should the need arise, appropriate transparency and communications will be provided tVthe Client inorder Louse additional US -based development resources. w Pathfinders will coinduct regular touch base meetings on development progress and costs, and any changes VviU|beproactiva|ycommunicated. o Extended project tinne|imesbmyondvvhatisoudinmdherernayresu1tinaPCN. o Both parties acknowledge that the scope of work for the Services to be provided by Agency under aProject Estimate may change over the course cfaProject. if Client requests Agency to provide additional services mutually agreed upon by the parties, response to such will be in a written PCN. The PCN must be agreed upon and signed by Client prior to commencing such additional services. (0zomPathfinders | All xgmsReserved. - -111 ItR T III] 1,11D I R S CHANGE CONTROL PROCESS Throughout amyprojest changes may 6erequired tadeal with unanticipated incidents and/or new information that arise during the course ofthe project Ufecvcle. It's afact of business life. These include, but are not limited to, the following: • Changes tnthe project schedu|e,soopeorbmdget • Changes inpriorities (external orinternal) that impact the project * Lack of access to personnel resources, content assets, or technical platforms • Any changes or additions to design or functional requirements after initial approval * Changes inpersonnel assigned tmthe project While the GODmethodology allows for adaptability tochange, this change control process is meant to put in place a strict process to ensure changes are tracked and approved appropriately throughout the project. |ncaseovvherechangesamaKdent|f|ed,achangerequest will be processed as follows: ~ The Project KQomagerVvilycreatea Project Change Notice (PCN) that documents the relevant information, including: change description, rationale /e.g.potential benefit), impact assessment, effort, and associated cost (if applicable) to implement the change, • This PCNwill besubmitted tnClient bwthe Account Manager and reviewed for final approval. • For approved change requests, the Project Manager will incorporate the change(")|nto the project schedm|e(if app|icaible) and communicate the change tuthe appropriate team members. • If it is anticipated that the project will exceed estimated costs by more than 10%, thew a revised estimate will be submitted for Client approval. OWNERSHIP OF CODE All source code will betransferred tothe Client atproject delivery, and' when payment has been received in-flull by Pathfinders Advertising. Any code written exclusively for the fulfillment ofthis SOW will beconsidered fully transferred toexclusive ownership ofclient ot project delivery. Exclusive ownership ofany other code used inthe execution ofthis SOW isnot transferrable, including but not limited to: open source libraries, closed libraries purchased by Pathfinders outside the scope ofthis engagement, and any code written byPathfinders outside the scope of this SOW and reused foruti|ity/convmnionco. The ultimate recipient ufthe code (Client) will be appropriately licensed to use all such code, but they dunot have exclusive rights. 02018 Pathfinders I All Rights Reserved. r, ifilll,, 111 r �.i r FEES +'T1ME1JNE $40,000 Total • Strategy completed in4to6weeks after initial immersion session * Launch Pad website in approximately forty-five (45), business days once strategy and research is complete • Timeline for core objectives and priority items completed to be determined upon execution mfthis scope of work 0 Client may stop this Agreementafter three (3)months, with thirtv(30) days written notice, /fo//Wish List items have been implemented before the length ofthe contract is reached. /nthe event that the Client cancels the Agreement, /tisnespons/hkefmrpayment through the then current month, and isnot subject toany termination fees. Monthly sprint cycles structured around "points" based system. To illustrate: a Growth Driven Design - $10,000 = 24 points Each hypothesismrwork activity bgraded ata specific number ofpoints based nmthe resources required bointegrate. o 1'3 Points: Basic activities executed quickly o 5'8 Points: More robust functionality that will take approximately half week's worth oftime tocomplete u 13-21 Points: Complex functimna!|itywith multiple features wrapped into one, that will take over aweek worth oftime tocomplete In the Plan Phase of each sprint, wish list action items are selected around the aggregate number ufavailable points. These action items define the upcoming sprint cycle. Example HYPOTHESIS A: 8 POINTS Example monthly schedule on following page (02018 Pathfinders I All Rights Reserved. iaSNFINDR ,T II EXAMPLE SCHEDULE February 1-2 12 0 Research * Hold conversations with internal teams ?5,000 0 Collect and review analytics * Create wish list Site Map development a Prioritize and set up sprints "N March 3-4 12 0 Conversations with internal teams i $5,000 General design and USG Internal (City of South Bend) review of strategy and elements Prioritize and set up sprints April 5-6 24 Plan, Prioritize and set up sprints nts $10,000 Begin copy writing Internal (City of South Bend) review of elements Prototype development for Launch Pad website Begin building CIVIS foundation ,Setup SSL a Development of page templates May 7-8 24 a Plan, prioritize and set up sprints $1o,000 0 QA testing 0 Begin rollout of Launch Pad website Begin Growth Driven Design 0 Implement sprint activities 0 Validation testing 0 Report on learnings 0 Create recommendations June 9-10 24 0 Plan, prioritize and set up sprints $10,000 ® Implement additional sprint activities 0 Validation testing 0 Report on learnings Create recommendations TOTAL AGENCY SERVICES =>-4401000 Authorization signature rewired on follo win g page C2018 Pathfinders I AI Rfghts Reserved. W" I A Jr I U L SMATURES Aur"ORIZATION 1, the undersigned, have the authority to agree to and do authorize the terms described above as they relate to the project, its cost, and expected delivery. AUTHORIZED BY CLIENT SIGNATURE AUTHORIZED BY AGENCY SIGNATURE DATE (D2018 Pathfindcrs � Ali Rights Reserved. 1"I" A TH F I 1 �Ik/11IIAI 1 S 1*141-0 1 1111 '11 � 11 1 1 � � I I � I IIIIFI DESCRIPTION Once your website reaches an ideal state of content and functionality, Pathfinders recommends budgeting for and engaging in some type of ongoing website maintenance and support agreement to proactively maintain and keep the infrastructure of your website up-to-date, much like changing the oil in your vehicle. Ong6ng development and updates will keep your websites fresh and appealing for users, while also keeping the back -end CMS current. Ongoing maintenance tasks to include: • Monitoring of server up/downtimes • Client communication and management including maintenance and troubleshooting requests • WordPress CMS and plugin updates o Remediation should updates cause unforeseen issues • General website troubleshooting and remediation • Recommendations on possible website risks, updates and security threats All other projects will be scoped out and estimated separately. These items include, but are not limited to: • Technical support over weekends or holidays • Analytic reports • Page/content creation and/or updates • Search engine optimization • Added functionality requiring additional HTML programming • CSS design changes Agency Services: Total Monthly Hours TBD, billed at $1251hr The Pathfinders Advertising Monthly Maintenance and Support Plan fee includes the services as described above. Your Monthly Maintenance and Support Plan will be renewed Q1 in subsequent years, unless Pathfinders is notified otherwise. Should your fees or services change, Pathfinders will proactively notify the client and request approval prior to the annual Q1 billing cycle. (02018 Pathfinders I All Rilghts Reserved. BOAI?,D OF PUIOLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1-11-2018 Name Anna Kenn Department Innovation & Technology BPW Date 1-23-2018 Phone Extension 6203 Legal Attorney Name, Dougherty Controller Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing Check, the Appropriate Item Type — Required WAY Submissions F-1 Agreement El Contract ❑ Proposal El Addendum Z Professional Services F-1 Resolution R Bid Opening El Bid Award E] Req. to Advertise E] Title Sheet R Quote Opening R Quote Award [:1 Change Order No. El C/O & PCA No. F-1 PCA F-1 Ease/Encroach. El Traffic Control F] Other. - Company or Vendor Name Pathfinders Advertising New Vendor Z Yes El No FlIf Yes, Approved by Purchasing MBEIWBE Contractor EJ MBE [:] WBE MBEANBE Contractor Requested E] No[:] Yes Name ofCompany _ Project Name Website Redesign Project Number Funding Source IT Fund Professional Services Account No. 279-0672-415.31-06 Amount, $40,000 Terms of Contract 1/23/2018-7/l/2018 Purpose/Description Design and build of a redesigned southbenclin.gov ®Required Contractor's Certification Form Attached (Non -Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Amount of I El I Increase $ Decrease $ Previous Amount Current Percent of Change New Amount Total Percent of Change: Copy Original z F-1 z M M El aka aura Dispersal After Approval Santiago Garces Dan O'Connor Jeri Hockehull L4BL 5209 Notice to Fnipioyee Y. I, ,.III,L-,I, , nFr rty�dcf. 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I r , I . , r.,. r : i, :. -, E ,, F_. t r 1 .rc 1 f F ,Iiili I i 1 11 11�' � City of South Bend 227 W.lefferson Blvd TO: Board of Public Works, Linda Martin CC: Dan O'Connor, Michael Schmidt, George King, Jennifer Hockenhull FROM: Anna Kennedy SUBJECT: Website Redesign DATE: 1/11/2018 Linda and Members of the Board We are submitting for review and approval a professional services agreement for Pathfinders Advertising to redesign and rebuild the City website, south bend in.gov. The professional services fees are set for $40,000 The overarching goals of this website are to increase the ease of use for the website's internal and external and to create an interface between the website and the new 311 Services Portal knowledge base. An internal steering committee will be working closely with Pathfinders to create a design and navigation structure that allows users to find the relevant information and accomplish tasks. We will also be seeking the input of City staff, as they will be the owners and editors of the content, and residents, as they will be the main users of the website. Thank you, Anna Kennedy