HomeMy WebLinkAbout09-01-2016 Agreement with GFL Systems Inc.AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this
day of ICAr 2016 by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation, hereinafter referred to as City, and GFL Systems Inc., hereinafter referred
to as Contractor.
WITNESSETH:
WHEREAS, the City owns the SLO Happenings web application (the "App"); and
WHEREAS, the Contractor developed and previously maintained the App; and
WHEREAS, the City desires to contract with Contractor to manage the technology
services and perform enhancements for the App; and
WHEREAS, Contractor is qualified and equipped to carry out such activities on behalf of
the City, and is in a position to accomplish such aims and purposes of the City in an efficient and
economical manner; and
WHEREAS, the Promotional Coordinating Committee (PCC) recommended said services;
WHEREAS, the City Council considered the Community Promotions program and related
expenditures during its July 12, 2016, regular meeting and approved them as presented.
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from July 1, 2016 until June 30, 2017
and upon completion of said services.
2. INCORPORATION BY REFERENCE. Contractor's proposal is hereby
incorporated in and made a part of this Agreement at Exhibit D.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement,
City will pay and Contractor shall receive therefore compensation in a total sum not to exceed
Fifteen Thousand Nine Hundred Dollars ($15,900). Payments will be made based on presented
invoices.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with
City to provide services as described in Exhibit A attached hereto and incorporated into this
Agreement and to comply with the terms and conditions set forth in Exhibit B and Exhibit C,
attached hereto and incorporated herein.
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Manager as
authorized by the City Council.
6. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement between
the parties hereto. No oral agreement, understanding, or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail addressed as follows:
City City of San Luis Obispo
Administration
990 Palm Street
San Luis Obispo, CA 93401
Contractor GFL Systems Inc
3765 S. Higuera St. Suite 120
San Luis Obispo, CA 93401
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do
covenant that each individual executing this Agreement on behalf of each party is a person duly
authorized and empowered to execute Agreements for such party.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST
City Clerk V
APPMVED AS TO FORM.
Dietrick - City Attorney
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CITY OF SAN LUIS OBISPO,
A Municipal Corporation
�/ /1"
Katie.idht — City Manager
CONTRACTOR
EXHIBIT A
SCOPE OF WORK
Event Tagging and Filtering $ 4,000
• Tags can be added to events in the backend e.g.
• 21+, Volunteer, Live Music, Education/Workshops, Wellness, Performing Arts, Free, Student
® Discount, etc.
• Ability to filter by multiple tags and categories by pressing button next to search bar
® We will be able to track the most popular tags
• Ability to Filter by date
® Ability Hide recurring events
Updated Layout $ 3,000
• Display "SLO Happenings This Week" category events directly under category buttons
• This is the most popular page. We will simply give people what they want to see as soon as they
• open the app
• Place menu bar on the top left
• Place search bar in the middle top
• Filter button will be in the right side of the search bar
• Map button on the top right
• Put events in numbered list
• Limited to 20 per page
• This will allow easier switching to the map view. The number on the pin will correspond to the
• numbers in the listing
Push Notifications $ 5,000
• Setup push notifications to remind users of upcoming events
• Define what conditions are need for push notification to occur
• Notify user that an event they marked as a favorite will start ... (today, soon, in 1hr, etc)
• Notify users that have not opened the app in XX days/weeks about new events
• Notify user that new events similar to past favorites have been added
• Clicking on notification will take use to event page in SLO Happenings App
• Settings page (accessible via slide -out menu)
• Allow user to connect/disconnect account
• Allow user to enable/disable push notifications
Add to Calendar $ 1,500
• Add a new button to event detail page to add event to personal calendar.
® Compatible with either iOS and Android
• Will open default calendar application device to add event as appointment.
Hosting and Maintenance $ 2,400
• Hosting and standard Maintenance will continue at $200/mo. This entails the following:
• Hosting of event database and images
• Daily backup
• Security and maintenance updates
• Updates to ensure app performs with newer technology
• Maintain and Support event data feed from SLO Chamber
• Maintain and Support event data feed to SLO Vacations
• Review and monitor event submissions
Reporting
• Provide monthly written reports (by noon on the first Wednesday of the month) on progress,
program assessment, defined analytics and suggested adjustments.
• Once every three months, the contractor will provide an oral report to the PCC to discuss the
progress.
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
Business License & Tax. Contractor must have a valid City of San Luis Obispo
business tax certificate prior to execution of the contract. Additional information
regarding the City's business tax program may be obtained by calling (805) 781-7134.
2. Ability to Perform. Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other, equipment, labor, materials, and licenses necessary
to carry out and complete the work hereunder in compliance with any and all federal,
state, county, city, and special district laws, ordinances, and regulations.
Laws to be Observed. Contractor shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis
Obispo ordinances, regulations and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes that
Contractor is required to pay.
5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever Contractor's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the
City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs
and other devices and take such other protective measures as are necessary to prevent
accidents or damage or injury to the public and employees.
8. Preservation of City Property. Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is
injured or damaged as a result of Contractor's operations, it shall be replaced or restored
at Contractor's expense. The facilities shall be replaced or restored to a condition as
good as when the Contractor began work.
9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub -contractors
engaged for the performance of this work that only persons authorized to work in the
United States pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
10. Contractor Non -Discrimination. In the performance of this work, Contractor agrees
that it will not engage in, nor permit such sub -contractors as it may employ, to engage in
discrimination in employment of persons because of age, race, color, sex, national origin
or ancestry, sexual orientation, or religion of such persons.
11. Work Delays. Should Contractor be obstructed or delayed in the work .required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or
by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain
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materials, equipment, or labor due to federal government restrictions arising out of
defense or war programs, then the time of completion may, at the City's sole option, be
extended for such periods as may be agreed upon by the City and the Contractor.
12. Payment Terms. The City's payment terms are 30 days from the receipt of an original
invoice and acceptance by the City of the services provided by Contractor (Net 30).
13, Inspection. Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if
any, shall be subject to the City's inspection and approval. The inspection of such work
shall not relieve Contractor of any of its obligations to fulfill its contract requirements.
14. ,Audit. The City shall have the option of inspecting and/or auditing all records and other
written materials used by Contractor in preparing its invoices to City as a condition
precedent to any payment to Contractor.
15. Interests of Contractor. Contractor covenants that it presently has no interest, and
shall not acquire any interest direct or indirect or otherwise, which would conflict in any
manner or degree with the performance of the work hereunder. Contractor further
covenants that, in the performance of this work, no sub -contractor or person having such
an interest shall be employed. Contractor certifies that no one who has or will have any
financial interest in performing this work is an officer or employee of the City. It is hereby
expressly agreed that, in the performance of the work hereunder, Contractor shall at all
times be deemed an independent contractor and not an agent or employee of the City.
16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify,
protect and hold the City and its agents, officers and employees harmless from
and against any and all cairns asserted or liability established for damages or
incudes to any person or property, including injury to Contractor's employees,
agents or officers which arise from or are connected with or are caused or
claimed to be caused by the acts or omissions of Contractor, and its agents,
officers or employees, in performing the work or services herein, and all expenses
of investigating and defending against same; provided, however, that Contractor's
Hwy to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its
agent., officers or employees.
17. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a
contract to any individual or business entity of any kind without the previous written
consent of the City.
18, Termination. If, during the term of the contract, the City determines that Contractor is
not faithfully abiding by any term or condition contained herein, the City may notify
Contractor in writing of such defect or failure to perform; which notice must give
Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work
or cure the deficiency.
If Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may
7
terminate the contract immediately by written notice to Contractor to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under the contract.
In said event, Contractor shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received
the City's Notice of Termination, minus any offset from such payment representing the
City's damages from such breach. "reasonable value" includes fees or charges for
goods or services as of the last milestone or task satisfactorily delivered or completed by
Contractor as may be set forth in the Amended Agreement payment schedule;
compensation for any other work, services or goods performed or provided by
Contractor shall be based solely on the City's assessment of the value of the work -in -
progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to
permit a full and complete accounting of costs. In no event, however, shall Contractor
be entitled to receive in excess of the compensation quoted in its proposal.
The City reserves the right to terminate the contract for convenience at any time upon 30
days' notice to the Contractor. In the event of termination for convenience, Contractor
shall be entitled to the reasonable value of its services performed up to the date of
termination set forth in the notice of termination, provided that the Contractor shall in no
event be entitled to receive any amount in excess of the compensation quoted in its
proposal or for work not authorized by the City from the date of notice of termination to
the date for termination of services specified in said notice.
19. Ownership of Materials. All original drawings, plan documents and other materials
prepared by or in possession of Contractor as part of the work or services under these
specifications shall become the permanent property of the City, and shall be delivered to
the City upon demand.
20. Release of Deports and Infc,rmation. Any reports, information, data, or other material
given to, prepared by or assembled by Contractor as part of the work or services under
these specifications shall be the property of City, and shall not be made available to any
individual or organization by Contractor without the prior written approval of the City.
21. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what Contractor is required
to furnish in limited quantities as part of the work or services under these specifications,
Contractor shall provide such additional copies as are requested, and City shall
compensate Contractor for the costs of duplicating of such copies at the Contractor's
direct expense.
22. A'ztendance at Meetings and Hearings. As part of the workscope and included in the
contract price is attendance by the Contractor to public meetings to present and discuss
its findings and recommendations. Contractor shall attend as many "working" meetings
with staff as necessary in performing workscope tasks.
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EXHIBIT C
INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/37) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either: the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned,
occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees, agents or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance
showing maintenance of the required insurance coverage. Original endorsements effecting
general liability and automobile liability coverage required by this clause must also be provided.
The endorsements are to be signed by a person authorized by that insurer to bind coverage on
its behalf. All endorsements are to be received and approved by the City before work
commences.
its]
GFL SVstemso; Inch
IT Solutions for Every Business
April 13, 2016
Promotional Coordinating Committee
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
3765 S. Higuera St. Suite 120
San Luis Obispo, CA 93401
SL® Happenings Mobile App Development Update and Future Budget Estimates
Proposed Development Budget for 2016-2017
GFL Systems has been working with the PCC since late 2013 to develop and maintain the SLO Happenings App.
2015 was a big year for the SLO Happenings App. GFL was paid $30,800 in 2015 for the following:
2015 Accomplishments:
4V Research new ways to gather event data
Create web -based event entry system
0 Pull event data from SLO Chamber
0) Setup event data feed for ShareSLO
M Update App to pull from new data sources
M App Redesign
® Category Realignment
4D Added Mapping feature
0 Added Search
t Added Favorite Events
It) Added App Reviews
4 App Support and Maintenance
Event Tagging and Filtering $ 4,000
O Tags can be added to events in the backend e.g.
21+, Volunteer, Live Music, Education/Workshops, Wellness, Performing Arts, Free, Student
Discount, etc.
O Ability to filter by multiple tags and categories by pressing button next to search bar
0A We will be able to track the most popular tags
O Ability to Filter by date
O Ability Hide recurring events
Updated Layout
$ 3,000
o Display "SLO Happenings This Week" category events directly under category buttons
® This is the most popular page. We will simply give people what they want to see as soon as they
open the app
o Place menu bar on the top left
o Place search bar in the middle top
® Filter button will be in the right side of the search bar
o Map button on the top right
o Put events in numbered list
a Limited to 20 per page
Page 11
GFL SVstems,, Inc.
IT Solutions for Every Business
3765 S. Higuera St. Suite 120
San Luis Obispo, CA 93401
n This will allow easier switching to the map view. The number on the pin will correspond to the
numbers in the listing
Facebook Integration $ 7,000
Direct Benefits for user and event organizer
o improved app and social media experience for user
o Improved visibility of events
SLO Happenings benefits are mostly indirect
O SLO Happenings branding may show in user's Facebook activity
o Apo user retention and increased use
Event producers and content managers will add URL to Facebook Event on event submission page
o htps:Uwww.facebook.comevents/2513206351632661
o Possibility to strip data directly from Facebook after user enters Facebook event URL.
o CFL and Chamber are discussing how Chamber might manage this
User Stories and High -Level Development Tasks
® Users can connect their Facebook accounts to app
Lq Facebook Connect button in app
® Prompted on first run of app
o Connect now, later, or "No Thanks"
* List benefits of connecting
® Always accessible from slide out menu
o User can disconnect Facebook from slide out menu
W Pull Facebook login from local mobile app, web cookies, or user entry
W, Displays what permissions SLO Happenings App is requesting
Vi User confirms
;q Return to SLO Happenings App home screen
0 Possibility to to pull user demographic information
® User can mark "Interested" in event
o User can send a RVSP to Facebook event page
a Action will appear on Facebook Sidebar, user feed and timeline
o Possibility to highlight events that User has already been invited to on Facebook
o Possibility to highlight events that User has already been RSVP'd to
Push Notifications $ 5,000
Setup push notifications to remind users of upcoming events
• Define what conditions are need for push notification to occur
1U Notify user that an event they marked as a favorite will start ... (today, soon, in 1 hr, etc)
Notify users that have not opened the app in XX days/weeks about new events
* Notify user that new events similar to past favorites have been added
• Clicking on notification will take use to event page in SLO Happenings App
Settings page (accessible via slide -out menu)
o Allow user to connect/disconnect account
o Allow user to enable/disable push notifications
Page 12
GFL15mymste-ri"''
L ``' ��
� 3i.J •7 �
3755 S. Higuera St. Suite 120
San Luis Obispo, CA 93401
IT Solutions for Every Business
Add to Calendar $ 1,500
Add a new button to event detail page to add event to personal calendar.
Compatible with either iOS and Android
Will open default calendar application device to add event as appointment.
Featured Evented / Mini -App $ 9,000
With current UI, replace "Ongoing Events" with this "Featured Event"
O Featured Event would be a large events in SLO (SLO Beer Week, SLO Marathon, Film Festival, etc)
O Web -based administration for event organizers to manage content
O Replace "Ongoing Events" with Featured Event
o Develop User Authentication and Permissions for "Featured Event" administration
® Setup user accounts for event managers to manage to login and manage their own event info
o Consult with event producers to further define feature and functions
Definition of a Vanilla Event
o Event
® Name, date, time, location, Info URL, Ticket URL
o Promoted date range
o Home screen icon
o Primary image
o Primary text
o Schedule of events
® Event name, date, time, location, text description, image
o Attendee Information
® 3 images
2 text blocks
o Instagram Feed
Instagram Feed of images and videos from event based upon hashtag
* Hashtag is defined in administration
o Participating Vendors
Listing of call vendors participating in event (Wineries, restaurants , breweries, etc
Name, address, URL, image, text
Page 13
G -a
l,y
IT Solutions for Every Business
3765 S. Higuera St. Suite 120
San Luis Obispo, CA 93401
Hosting and Maintenance $ 2,400
o Hosting and standard Maintenance will continue at $200/mo. This entails the following:
o Hosting of event database and images
o Daily backup
o Security and maintenance updates
o Updates to ensure app performs with newer technology
• Maintain and Support event data feed from SLO Chamber
® Maintain and Support event data feed to SLO Vacations
® Review and monitor event submissions
Totals
Event Tagging and Filtering $ 4,000
Updated Layout
$ '3,000
Facebook Integration $ 7,000
Push Notifications
$ 5,000
Add to Calendar $ 1,500
Featured Evented / Mini -App $ 9,000
Hosting and Maintenance
$ 2,400
Thank You,
Mike Holliday
GFL Systems, Inc.
805.801.8452 - Mobile
805.768.4351 - Office
Total $31,900
Page 14
GFL Systems,, Inc.
IT Solutions for Every Business
Update events to allow for two categories
o Work with Molly to develop event category guidelines.
O Guidelines will be presented on public -facing event submission page
• Change event model to support two categories
O Change categories to check boxes on public -facing event submission
O Change categories to check boxes on admin event submission
® Change categories to check boxes on event event edit
o Update event detail page to show both categories
® Add search by category on admin
• List event in both categories in app
Current data sharing with Chamber and Share SLO will be unchanged
3765 S. Higuera St. Suite 120
San Luis Obispo, CA 93401
$XX,000
Page 15
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San Luis Obispo Wine
Country Association
Heather Muran
Executive Director
P.O.BOX 607
Pismo Beach, CA 93448
(805) 550-2506 Cell
(805) 541-5868 Office
heather@slowine.com
www.slowine.com