1. business and industrial
2. business operations
3. management
4. project management

CONTRACTOR and its developers shall be responsible for the designing, development,
hosting and maintenance of the Washington State Parks official and affiliated websites.
Design work includes, but is not limited to, homepage and one interior webpage design
template.

The websites shall include, but are not limited to:
a. Provide sites that are vibrant, engaging, interactive and inviting to the public.
b. Provide accurate, current and comprehensive WSPRC information, in a visually
appealing and user-friendly way.
c. Promote and showcase WSPRC.
d. Make it easy for audiences to interact with WSPRC.
e. Reduce WSPRC staff time to handle routine inquiries.
f. Provide technology for e-commerce.
g. Provide robust search function of entire site along with specific park features
search.
h. Integrate or coordinate navigation with other websites, including
discoverpass.wa.gov, adventureawaits.com and wspf.org.
i. Comply with Section 508 of the Rehabilitation Act of 1973 in all areas.
j. Offer a variety of communication methods to keep audiences up-to-date,
including e-mail notifications, SMS text messages (limited to 500 SMS
subscribers; additional subscribers allowed with fee) and RSS feeds.
k. Incorporate LEAN principles.
l. Provide round-the-clock access to WSPRC information and website
administration.
m. Allow in-page editing with previews/approvals prior to finalizing updates.
n. Promote the use of on-site media through photo, audio and video posting
methods that encourage user viewing and, when appropriate, feedback and
interaction.
o. Simplify website administration, allowing users of appropriate skill levels the
means to update assigned sections of the website.
p. Solution for multi-contributor event calendar system, photo sliders and/or
galleries, video, Google-style maps, GPS integration for mobile devices.
q. Allow for back-end reporting of website updates and activity.
r. Built upon proven and accepted website development standards.
s. Provide flexibility to easily grow and add new functionality requested by WSPRC,
including future online sponsorship and advertisements.
t. Comply with state requirements for hosting the site (optional for WSPRC).
u. Site(s) need to be accessible on mobile devices (iOs and Android), including ecommerce.
2. System Modules and Support Deliverables
The following system modules and deliverables are licenses and provided in the
CONTRACTOR’S system and are included in the cost of the system. Future
enhancements and modules will be available to WSPRC at no cost and will be included
in the license.
Modules
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Functionality
Agenda Center
Alerts Center & Emergency Alert Notification
Cost Code: 10200
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Action Items Queue
Audit Trail / History Log
Contract No. PSC113-279
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Archive Center
Bid Postings
Blog
Business/Resource Directory
Calendar
Carbon Calculator
Citizen Request Tracker™ (5 users)
Community Voice™
Document Center
ePayment Center
Facilities & Reservations
Frequently Asked Questions
Forms Center
Healthy City
Intranet
Job Postings
License & Permits
Media Center with Live Streaming Video
My Dashboard
News Flash
Notify Me® Email & SMS Text Subscription
Online Job Application with 1 Generic
Application
Opinion Poll
Photo Gallery
Postcard
Quick Links
Real Estate Locator
Spotlight
Staff Directory
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Automated PDF Converter
Automatic Content Archiving
Content Library
Dynamic Breadcrumbs
Dynamic Sitemap
Expiring Items Library
Generic Mobile App (iOS & Android)
Graphic Link Administration
Links Redirect and Broken Links Finder
Menu Management
Mouse-over Menu Structure
MuniMobile™
Online Editor for Editing and Page Creation
(WYSIWYG)
Online Web Statistics (Only with CivicPlus Hosting)
Page Wizard w/Multiple Layouts
Printer Friendly/Email Page
Rotating Content
RSS
Search Engine Registration
Site Layout Options
Site Search & Entry Log
Slideshow
Social Media Integration (Facebook & Twitter)
User & Group Administration Rights
Web Page Upload Utility
Website Administrative Log
Annual Support, Maintenance & Hosting Service Include the Following:
Support
7-7 (CST) Mon-Fri (excluding holidays)
24/7 Emergency Support
Dedicated Support Personnel
2-hour Response during Normal Hours
Usability Improvements
Integration New & Upgraded Services
Proactive Support for Updates & Fixes
Online Training Manuals
Monthly Newsletters
Phone Consulting
Maintenance of CivicPlus
Application & Modules
Install Service Patches for OS
Upgrades
Fixes
Improvements
Integration
Testing
Development
Usage License
Hosting
Shared Web/SQL Server
Monitor BandwidthRouter Traffic
Redundant ISP
Redundant Cooling
Generator backup
Daily Tape Backup
Intrusion Detection & Prevention
Antivirus Protection
Upgrade Hardware
3. Project Base Costs:
Project Development
$71,440
First Year’s Annual Support, Maintenance & Hosting
Included
Server Storage not to exceed 35 GB; Media Center Storage not to exceed 10 GB
Total Fees Year 1: $71,440
Cost Code: 10200
Contract No. PSC113-279
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Annual Maintenance and Hosting
Multi-Year Option – Year 2-6 Annual Support, Maintenance & Hosting ($9,968/year)
Not subject to annual 5% increase if paid in full upon Go Live
$49,840
Single Year Option – Year 2 and Beyond Annual Support, Maintenance & Hosting
Subject to annual 5% increase year 3 and beyond
$9,968
4. Project Development line-item costs
Phase 1: Analysis and Timeline Development
Deliverable: Project Timeline and worksheets
$4,686
Phase 2: Website Design
Deliverable: Website Design Composition
$16,149
Phase 3: Navigation Architecture Development
Deliverable: Navigation structure optimized for your website
$4,729
Phase 4: Modules and Site Setup
Deliverable: Set up fully functional site, software that runs the site, and site’s statistical analysis.
$5,796
Phase 5: Content Development up to 450 standard pages and up to 2,250 supporting elements
Deliverable: Website content development and module content.
$20,154
Phase 6: Test and Review, Establish Future Expectations
Deliverable: List of items that need to be addressed
$5,075
Phase 7: 5 Days of On-Site Training for up to 12 employees
Quote includes travel expenses ($80 per person per day for the 13th attendee and beyond)
Deliverable: Train System Administrator(s) on GCMS Administration, permissions, setting up
groups and users, module administration. Basic User training on pages, module entries, applying
modules to pages. Applied use and usability consulting to result in effective communication
through your website.
Phase 8: Go-Live and Project Review
Deliverable: Final project review report
$10,600
Phase 9: Marketing
Deliverable: Registration of site with all major search engines
$725
Phase 10: Ongoing Consultation
Deliverable: Site review with recommendations for enhancements to improve visitor interaction;
layout, design and content recommendations.
Included
$3,526
Additional Functionality
Google Translation Tool
Included
1 Department Header Package for Discover Pass
Included
1 Subsite for Adventure Awaits
Included
Gov 2.0 Upgrades
Blog
Share
Included
Facebook Integration
Twitter Integration
Included
Options Included in One-Time Fee
None
n/a
Total Project Development Fee
$71,440
First Year Annual Support, Maintenance and Hosting Fee
Server storage not to exceed 35 GB; Media Center storage not to exceed 10 GB
Included
Cost Code: 10200
Contract No. PSC113-279
Page 4 of 30
5. Project Enhancement Option Costs
One-Time Fee
Project Enhancement Options
Pre-Implementation: On-Site Kick-Off Meeting Two days meeting with website committee to
discuss design goals, review audience goals and meet with departments to kick-off with a project
overview Quote includes travel expenses.
Deliverable: A document summarizing the meetings, with analysis and recommendations. Design
information gathered.
Optional
$6,000
Pre-Implementation: On-Site Strategic Planning with Individual Departments Two days of
meetings (up to 12 departments) to interpret current processes and services, resulting in
recommendation for website solutions. Quote includes travel expenses.
Deliverable: A document summarizing the meetings, with analysis and recommendations. Design
information gathered.
Optional
$6,000
Phase 3: Onsite Meeting for Individualized Content Planning Two days (up to 12
Departments) to analyze call logs, review assignments, review individual sections’ navigation,
identify services/needs of departments, demonstrate best practices, review functionality and how it
applies to individual sections. Quote includes travel expenses.
Deliverable: Presentation on best practices, review worksheet assignments and review design
composite.
Optional
$6,000
$1,450
Phase 5: 50 Pages of Additional Content
Optional
$6,000
Phase 7: Two days On-Site Training/Consulting Review website with department
administrators and provide additional time for basic learners. Review website procedures. Must be
held concurrently with original on-site training session.
Price Varies
Phase 7: Laptop Lab Laptops for use in your CivicPlus training session.
Phase 8: Website Presentation Two days of on-site meetings to present website to stakeholders.
Quote includes travel expenses.
Optional
$6,000
Post-Training: Three-Month Checkup Held three months after Go-Live, includes two days of
additional consultation/training. Quote includes travel expenses.
Optional
$6,000
Post-Training: Three-Day Annual Refresher One day of consultation, two days
refresher/advanced training. Quote includes travel expenses.
Optional
$8,200
Optional $5,700
Annual Minimum
Optional
$2,000
Annually
Virtual Webmaster: 5 Hours of Content Updates per month.
Recurring Training: Training on new functionality and services
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New User Training – 3-hour training for new users to learn basic features of the GCMS.
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Refresher Training / New Module Training – 3-hour session designed to refresh existing users
as well as to train them on new modules.
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New Feature Overview – 3-hour session designed to make users aware of recently released
modules and features.
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Website Review Consulting – 1-hour-long, in-depth review of the client website followed by a
2 hour session with client users.
Functionality Options
Custom Client Mobile App (iOS & Android)
Department Header Package
(No annual fee in the first year; Annual fees starts in second year)
Language Translation (hand translation, priced per single language)
LDAP Integration
New Logo Development
New Logo Development with Branding & Graphics Development
Subsite (No annual fee in the first year; Annual fees starts in second year)
Additional SMS subscribers (in blocks of 500 subscribers)
One-Time
Annual
$4,500
$3,100
$1,200
$650
$125/page
or $1,000/10 pgs
$1,200
$5,000
$7,000
$8,000
n/a
n/a
$300
n/a
n/a
$1,575
$855
At the time of project acceptance, immediately prior to website go-live, if WSPRC does not
agree that CONTRACTOR has delivered a fully functioning government website,
Cost Code: 10200
Contract No. PSC113-279
Page 5 of 30
CONTRACTOR will refund any fees paid, or cancel any project development invoices
outstanding, and cancel this agreement completely, with no remaining obligations. By
signing the project acceptance form, WSPRC agrees that the CONTRACTOR has created
a fully functioning government website and WSPRC’ websites will go-live. PARKS agrees
to display a “Powered by CivicPlus” insignia and web link at the bottom of all their
webpages. CONTRACTOR understands that the pricing and any related discount structure
provided under this agreement assumes such perpetual permission.
6. Website Redesign
Every four years, as long as this contract is in effect, CONTRACTOR will provide a
redesign of WSPRC’s official and affiliated websites at no extra charge. The redesigns
shall include:
• New design
• Redeveloped banner
• Redeveloped navigation method (may choose top drop-down or other options)
• Design setup – wireframe
• Redeveloped graphic elements of website (Newsflash, FAQs, Calendar, etc.)
• Project Management
• Testing
• Review
• Content Migration – including retouching of all existing published pages to ensure
proper formatting, menu structure, and application of new site styles. Note: Content
will not be rewritten, reformatted or pages broken up (shortened or re-sectioned)
• Site styles and page layouts will be touched so all pages match the new design and
migrate cleanly
• Spelling and broken links will be checked and reported if unable to correct.
7. Project Management Staffing
A. A single project manager will oversee the inter-departmental and client interactions.
The WSPRC project team assigned by the CONTRACTOR will include designers,
programmers, content experts, trainers and software support staff. All staff assigned
to the WSPRC project will have a minimum of three (3) years experience working
with the CONTRACTOR’S software.
B. Using a strong technology background, a dedicated Business Development
Manager, initially works with WSPRC to determine the best solution for
administrative users and website visitors.
C. A CONTRACTOR’S senior project manager, with successful project experience on
50 projects, will be responsible for guiding the WSPRC project. Using knowledge of
effective online citizen engagement techniques – with specific case studies and
examples – the project manager will ensure the process transition smoothly from
phase to phase.
D. As every phase of the project is completed, the project manager will ensure
WSPRC’ goals and timelines are met. The project manager will be responsible for:
• Communicating weekly progress to the WSPRC project.
• Managing risk and identifying problems and issues in advance.
• Maintaining project schedules and assuring programming tasks are completed
on time.
Cost Code: 10200
Contract No. PSC113-279
Page 6 of 30
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F.
G.
H.
I.
J.
K.
L.
M.
Maintaining good working relationships with other team members, WSPRC staff
and managers.
• Ensuring project deliverables are of acceptable quality and delivered as
scheduled.
• Delivering software training and workshops as required by WSPRC.
After completion of each phase, WSPRC will be encouraged to fill out a survey
rating the project process and the CONTRACTOR’S personnel. The
CONTRACTOR’S Executive Team receives the surveys and is personally
accountable for WSPRC’ satisfaction
Work on the WSPRC project will be performed in the Manhattan, Kansas office.
Webinars, WebEx, conference calls and video chats will be used to conduct weekly
status meetings and design sessions.
Upon completion of custom design, setup of the website, development of modules,
content development and quality control review, a CONTRACTOR trainer works to
ensure WSPRC staff master the system and learn basic website usability concepts.
Once the new sites are launched, WSPRC support calls are handled by the
CONTRACTOR’S Client Care department.
The CONTRACTOR’S project team assigned to WSPRC will complete GUI design
and software implementation on schedule despite the loss of staff. CONTRACTOR
will have sufficient resources to meet schedules without WSPRC suffering from a
delay. WSPRC will not be responsible for training time and startup time for a new or
additional staff person to complete the project.
The CONTRACTOR’S project team assigned to WSPRC will complete multiple,
complex programming assignments at the same time without impacting the
schedule of either projects.
The CONTRACTOR’S project team assigned to WSPRC will provide management
artifacts (status report, conference calls) that will allow WSPRC to monitor work
efforts.
Any CMS programming for this scope would be complex in nature and not suitable
for a junior programmer. CONTRACTOR will ensure skilled competent
CONTRACTOR staff will be assigned to the project. WSPRC will approve of project
personnel in advance of the project start-up. If the contract programmer is failing to
perform the work as assigned, the CONTRACTOR will remove the programmer from
the project and immediately, without delay, assign a more skilled and qualified
programmer to perform the work. These conditions also apply to the graphics design
and template development work.
CONTRACTOR will be able to assign a skilled and qualified development team to
the project within two weeks of scoping the project with WSPRC.
8. System Deployment
Phase 1: Analysis & Timeline Development
In the beginning stages of project development, the CONTRACTOR’S team will help
WSPRC craft the position and image we want to portray to the site visitor.
Information Gathering and Brainstorming
CONTRACTOR’s Project Manager will suggest information-gathering techniques to
prepare for the design and content development phases of the project, like:
• What image do you desire?
Cost Code: 10200
Contract No. PSC113-279
Page 7 of 30
•
What services and tasks will the site deliver?
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What are the key messages or themes for the community as a whole?
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What are the key messages and themes for individual departments and services?
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Why is this important to your community?
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What data needs to be presented on the website for self-service?
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What collaborative tools does your community need to effectively communicate
concerns?
Communication Goals Development
After brainstorming and setting the site’s focus, the information gathered will be
organized into specific goals and solutions.
• Identify the site and establish a brand
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Set the tone and personality of your site
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Marketing to stakeholders (visitors, businesses, residents, etc.)
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Help users get a sense of what that site is about
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Let site visitors find critical information to start key tasks immediately
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Effectively guide people on the right development path, with efficiency as the core
focus
Collaboration and Implementation
With information-gathering and goal-setting complete, further collaboration with design
and functionality experts will begin to shape your website into an effective
communication resource.
Phases 2 & 3: Website Design & Navigation Architecture
The CONTRACTOR’S designers will collaborate with WSPRC staff to create websites
that are visually engaging, intuitive to use and reflective of the uniqueness of the
WSPRC’ community. The CONTRACTOR’S project manager will lead kick-off meetings
between WSPRC staff and the CONTRACTOR’S designers and content developers to
identify specific design elements, navigational structures and the overall focus of
WSPRC’ websites.
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Custom Design
Custom designs are a rarity with other companies. CONTRACTOR has created
custom-designed websites for more than 1,300 clients, each done to their
specifications. CONTRACTOR’S designers incorporate WSPRC input and WSPRC’
ideas with functionality and ease-of-use standards to establish the content, a color
palette, images, navigation and layout options that best suit WSPRC’
communication objectives.
Custom designs are rarely produced in anticipation of a project. Copyright
authorization and/or photography production are required unless WSPRC already
has quality, usable photographs. Additional fees for stock photographs or other
images are not included in the estimate.
Cost Code: 10200
Contract No. PSC113-279
Page 8 of 30
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Design/Wireframe Review
WSPRC can revise the design composition as many times as we deem necessary,
up to the deadline that WSPRC and the CONTRACTOR’S project manager agree
upon during the timeline meeting (the average client requests a total of three). After
that deadline, the Project’s Go-Live date will be adjusted. Multiple initial design
comps can be provided for an additional $2,000.00, with revisions made only to the
one WSPRC selects.
Following design approval and functionality development, the CONTRACTOR
conducts a review to ensure WSPRC’ expectations are met and best website
practices are upheld. Design shall include, but is not limited to, the homepages for
the official and affiliated websites, as well as one interior webpage design template.
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Intuitive, Usable Navigation
Simple navigation and consistent page layouts will ensure WSPRC’ visitors can
easily find the information they seek. The CONTRACTOR will provide WSPRC with
a complete recommended navigation for the new websites based on the
CONTRACTOR’S prior experience in working with government entities.
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Accessibility Compliance
The CONTRACTOR’S designers and programmers automatically implement all the
accessibility features necessary to ensure WSPRC’ sites are compliant with
accessibility standards outlined within Section 508. The CONTRACTOR will make
recommendations on best practices for keeping content accessible and available for
all users by ensuring that, among other things:
• all menu items are clickable
• submenus display throughout the site
• alt tags are used for images
• site maps are dynamically generated
• documents and links can be set to open in the same window
CONTRACTOR warrants that the products or services to be provided under this
agreement comply with the accessibility requirements of Section 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing
regulations set forth in 36 C.F.R. 1194.1 through 41 and the World Wide Web
Consortium (W3C) Web Content Accessibility Guideline 2.0. CONTRACTOR agrees
to promptly respond to and resolve any complaint regarding accessibility of its
products or services provided to the agency under this agreement when brought to
its attention. CONTRACTOR further agrees to indemnify and hold WSPRC
harmless for any claim arising out of its failure to comply with the aforesaid
requirements. Failure to comply with these requirements shall constitute a material
breach and be grounds for termination of this agreement.
•
High-Impact Custom Designs Created Specifically for WSPRC
CONTRACTOR’S programmers implement the designers’ work – not the other way
around – so options for a unique site are endless. Designs that truly represent
WSPRC’ unique image, message and brand come through extensive access to and
consultation with the CONTRACTOR’S design team. CONTRACTOR’S portfolio
demonstrates our graphic designers’ vast creative abilities and styles.
Cost Code: 10200
Contract No. PSC113-279
Page 9 of 30
Phase 4: Modules & Site Setup
WSPRC ultimately control the functionality its sites offer by selecting which modules to
use and showcase. During project development, review and testing the site features
ensures WSPRC is taking advantage of CONTRACTOR’S expertise in web
communication as well as meeting WSPRC’ specific communication goals.
A website for today…and tomorrow
CONTRACTOR has developed dozens of modules to meet the diverse needs of its
clients. All of the CONTRACTOR’S CMS functionality and modules are included in
the Premium Package so their clients may reap the benefits of the diverse offerings.
CONTRACTOR will make recommendations concerning which modules to
incorporate into the design of WSPRC’ websites.
Additionally, WSPRC will receive upgrades and enhancements made to the
CONTRACTOR’S system – automatically and at no additional cost – throughout the
term of this contract. This ensures WSPRC’ sites are constantly evolving to meet
the ever-changing needs of our web audience without the hassle of additional
budgets or annual upgrades.
Keys to creating a robust government website
To have a successful website experience, people have to be able to:
• Find what they need – CONTRACTOR’S intuitive designs facilitate easy
recognition of which path to take
• Understand what they find – Quality, usable content development is essential
• Act on that understanding – Comprehensive functionality makes completing
tasks quick and easy
Some important and/or common elements and themes which will help site visitors
include:
• Site identification (banner)
• Homepage links to most
requested items
• Graphic buttons customized to
provide instant access to
resident information and
communication
• Print or email page, RSS, social
media on every page
• News items with Notify Me and
RSS capabilities
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•
•
•
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Permanent links on every page
Calendar with RSS, FAQs, or other
frequently used services
Global navigation with hierarchical
structure
Powerful search ability
Emergency alerts to notify residents of
urgent developments
Phase 5: Content Development
CivicPlus will further develop a pre-defined number of pages for your site to make initial
content available upon site deployment. Our Content Usability Experts use standards
and formatting practices during this phase to create the most usable and highly
Cost Code: 10200
Contract No. PSC113-279
Page 10 of 30
accessible content possible on your site. There is no limit to the pages you can create
after you have gone through training.
Content Development and Page Layout
CONTRACTOR will implement effective website architectures with the latest trends in
usability and web writing. While other companies perform a glorified copy and paste of
content from and old site to a new one, the CONTRACTOR promise content
development, not merely content migration.
CONTRACTOR’S content developers apply their own time-tested best-practice
standards, as well as those documented by online usability experts Steve Krug, Ginny
Redish and Jakob Nielsen. CONTRACTOR will format and reorganize WSPRC’ content
so it is easy for the visitor to quickly scan and retrieve desired information.
CONTRACTOR will provide best-practice standards in writing.
Phase 6: Review & Testing
Each phase of your project undergoes review and testing. Before you begin your work
on the site with training and preparation for your Go Live date, our Quality Control team
ensures your site lives up to best-practice standards.
Quality Control
At the completion of content development and page layout, the following reviews will
take place:
Content Development Review: CONTRACTOR conducts a quality control review to
ensure the content and layout meet web usability standards, knowing that the way
content is written and displayed directly affects usability. Included in this review is a
spelling and grammar check.
Pre-Training Review: CONTRACTOR will identify any programming, design or content
issues that need to be addressed prior to training.
Testing Period: Approximately one month is provided between the completion of
training and your site’s Go Live date. This will allow you to add, create, and make
adjustments to content on your production site, as well as ensure overall satisfaction
with your website. CivicPlus is browser-based, which means content changes will
display and function the same way before and after your Go Live date.
Phase 7: Training
Before WSPRC’ sites are launched, CONTRACTOR will provide in-person training to
equip staff with the knowledge, tools and comfort level needed to maintain the site’s
integrity upon Go Live. Training concludes with consultation and hands-on practical
application to apply the web-usability standards directly to WSPRC’ sites.
Website Best-Practice and Usability Consultation
Based on WSPRC internal daily tasks and workflow, CONTRACTOR’S consultants
share best practices with WSPRC staff for delivering automated services to its site’s
visitors. One-on-one or department-specific task analysis is included. Each hands-on
session is designed to enhance WSPRC’ team communication skills and highlight their
individual specialties that emphasize the agency’s public value.
Cost Code: 10200
Contract No. PSC113-279
Page 11 of 30
Features, Module and Page Creation Training for Administrators and Content
Contributors
To better understand the WSPRC sites navigation and page layout and how these
affect target audiences, CONTRACTOR will instruct WSPRC staff on creating arearights and back-end features for site administration, and review all the modules
included with WSPRC’ sites. WSPRC staff will learn how to create links, format text and
layout pages for usability and scannability.
Training Schedule Categories
Training schedule depends on the number of users to be trained and hours available,
but will cover the topics shown below:
Admin Training
Introduction to
Website
Admin Dashboard
Admin Tools
Intranet
Urchin Statistics
Set Up Groups &
Users
Modules Training
Quick Links
FAQs
Calendar
Modules (cont.)
News Flash
Document Ctr /
Archive Ctr
Opinion Polls
Staff Directory
Resource Directory
Notify Me
Jobs, Bids & OJA
Photo Gallery &
Postcard
Slideshow
My Dashboard
Modules (cont.)
Media Center
Alert Center
Community Voice
Facilities &
Reservations
Forms
Request Tracker
Agenda Center
Featured Info
Real Estate Locator
Carb. Calc. & Healthy
City
Pages & Wrap-up
Page Creation
Advanced Page
Creation
Assist departments
and staff in page
creation
Consult with
departments and
staff on further
development and
ways to enhance site
Wrap-up session
Phase 8: Final Review, Testing & Go Live
WSPRC will typically have three weeks after training to become familiar with their site.
Upon completion of a collaborative final review of the website and a final spelling and
links checkup by CONTRACTOR’S Quality Control team, the WSPRC domain names
are directed to the developed websites. With that, the WSPRC’ new websites are
launched to the public.
CONTRACTOR will confirm that WSPRC initial communication goals developed in
Phase 1 have been met, and though this phase marks the launch of WSPRC new sites,
WSPRC will continue to receive both technical and consultative support.
Phases 9 & 10: Marketing & Ongoing Consultation
The CivicPlus business strategy is based upon its clients’ successes. CivicPlus
employees constantly research web standards, principles and trends of effective
government websites, and we share that information and provide reasoning and
explanation with our clients even after their launch date to ensure they are capable of
maintaining an effective site for years to come, while allowing WSPRC staff to become
communication experts.
Opportunities for Peer Communication and Idea Sharing
Throughout the year, there are several opportunities for peers to communicate and
share ideas. CONTRACTOR holds regular webinars for clients, host regional trainings
and user groups, feature client case studies and new clients on its website and provide
Cost Code: 10200
Contract No. PSC113-279
Page 12 of 30
contact information for clients willing to share unique experiences and the resulting
solutions. CivicPlus Connection, further detailed on the next page, also helps foster the
CivicPlus client family, where idea-sharing and client-to-client communication is
encouraged.
Continuous Consultation Beyond Site Deployment
CONTRACTOR’S Support Team members are available to assist WSPRC staff with
any questions once the site is deployed. CONTRACTOR provides ongoing support and
recommendations for maintaining WSPRC websites.
Search Engine Registration & Optimization
Before Go Live, WSPRC site will be registered with the top search engines. A brief
description and a list of key words pertaining to your new website will provide search
engines the necessary information to find the website when a user enters a search for
WSPRC’ websites.
Search Engine Optimization (SEO) is an important tool to improve search engine page
rankings. CONTRACTOR is currently using several tools to improve the SEO of its
websites. These include development of quality content, use of strong keywords and
solid page descriptions. In the near future, changes are planned to further strengthen
SEO for its clients. These changes include, but are not limited to: user friendly URLs,
optimized images and improvements to the site map and page descriptions. These
changes will help drive your website to the top of search engine results.
All webpages
will include
DC.title, DC.description, DC.subject.keywords
DC.date.created, DC.date.modified, DC.creator and DC.language metadata in Dublin
Core format eg: <meta name="DC.description" content="Winter recreation activities in
Washington state parks" />.
Continued Communication
After WSPRC’ sites launch, CONTRACTOR will provide ongoing support. As the sites
grow, CONTRACTOR’S support team will ensure WSPRC staff receive the following
resources:
• Press release creation
• Monthly e-newsletter
• Website award submissions
• CivicPlus online support
• Annual site reviews
• Regional trainings and user groups
Ongoing Training and Support Opportunities
CONTRACTOR wants WSPRC’ websites to be investments that hold their value over
time rather than a big expense that needs to be budgeted for every few years.
CONTRACTOR applies this same thinking to its approach toward training and support,
too. After the launch of WSPRC’ websites, WSPRC will be able to keep current staff as
well as new-hires trained and supported as they update and maintain WSPRC sites.
CONTRACTOR offers ongoing training and support, as well as the incredible resource
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Contract No. PSC113-279
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of more than 1,300 other municipalities that use the CONTRACTOR’S Government
Content Management System. Stay up-to-date and always informed with unlimited
access to: CivicPlus Connection. When PARKS joins the CivicPlus community, they are
connected with CONTRACTOR’S entire staff as well as a network of more than 1,300
cities, counties and other government entities that use the CivicPlus solution. CivicPlus
Connection is a social network for CivicPlus users.
By logging onto CivicPlus Connection, WSPRC can:
• Earn different levels of CivicPlus Certification, from Contributor to Webmaster, at our
online Testing Center
• Access online training manuals and videos to learn the tips, tricks and processes to
become the expert at creating the best website for your users
• Attend webinar series for refresher trainings or for sneak peeks at the newest
features and functionality in development
• Try to stump the CivicPlus Trainers with a question
• Share ideas and contribute to bettering our community through opinion polls, surveys
and group discussions
• Stay up-to-date on the latest trends in web technology, design and government
processes through blogs, webinars and informational updates tailored to local
government professionals
• Access our always-available online support center for our clients
• Signup to be a part of the CivicPlus Beta Testers to get your hands on the newest
features and functionality first
The CivicPlus Connection is another exciting benefit to the CivicPlus client experience
and available only for clients who have been through initial training.
Project Schedule
WSPRC implementation timeline will be determined in consultation with the
CONTRACTOR’S project manager. CONTRACTOR understands WSPRC desires a
compressed implementation timeline. Every effort will be made to meet WSPRC’
objectives.
Timelines may be modified upon agreement between WSPRC and CONTRACTOR’S
Project Manager. Below is a typical project schedule:
Typical Project Timeline
Phase 1 - Needs Assessment and Timeline (may vary with on-site meetings)
Includes: Timeline approval, statistics from current website due, department listing from
client
Phases 2 & 3 - Website Design and Navigation Architecture
Includes: Main navigation & standards meeting, main navigation & standards worksheet
due, pictures due, initial design meeting, initial content meeting, content process
meeting, website design comp due to client, initial design feedback meeting, design
approval
Phase 4 - Site Development and Module Set-up - includes Wireframe
Phase 5 - Content Development (varies based upon amount of content) Includes:
Content worksheets due, content starts, content completed, content finalized and
approved
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Contract No. PSC113-279
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Phase 6 - Reviews and Testing
Phase 7 - Training
Phase 8 - Final Review and Test
Phase 9 - Marketing
Phase 10 - Ongoing Consulting
Go-Live 16-22 Weeks (on average)
9. System infrastructure and service level
A. CONTRACTOR has a dedicated hosting facility specifically built and maintained for
website hosting. Redundant power sources and internet access to ensure consistent
and stable connections with an average uptime of 99.7 percent per year.
(Scheduled downtime does not count against 99.7 uptime specifications.)
CONTRACTOR’S on-site internet access provides internet provides bandwidth of
sufficient mbps, and regular hardware upgrades ensure that CONTRACTOR’Shosted sites are maintained on the most up-to-date, reliable equipment.
B. Scheduled maintenance events will occur during the least-trafficked hours on
weekends. WSPRC will be notified in advance of, and must approve prior to, any
anticipated downtime which will exceed a period of one hour. Scheduled downtime
does not count against the 99.7 percent uptime specifications.
C. WSPRC’s website will be hosted and maintained on both a server class web and
database servers (VM servers).
D. WSPRC data storage will be a maximum of 35 GB of data storage and 10GB for
Media Center storage. Additional data storage will be made available as needed and
charged at a rate not to exceed $20 per GB per month.
E. WSPRC content database will be stored in a production SQL server database and
replicated to a secondary database at a secondary location, in Omaha, Nebraska for
redundancy and failover purposes. Both datacenters reside in distinctive weather
pattern regions to further maximize the effectiveness of a primary and secondary
facility.
F. Responsive system performance will be provided by the CONTRACTOR. On
average, each WSPRC webpage will fully render within less than 1 second on a
standard DSL connection. The intent of specifying system performance is to ensure
this SAAS solution maintains sufficient internet bandwidth, server operations and
database systems to provide a highly useable system typical of commercial and
non-hosted government websites.
10. Hosting and security features
____________________________________________________________
Physical security
Must comply with the Washington State Office
of the Chief Information Officer (OCIO) standard
141.10
_____________________________________________________________
Power
All systems are fed by Uninterrupted Power Supplies
(UPSs) with generator backup.
System must be able to operate for a minimum of
four (4) days without utility power.
_____________________________________________________________
Bandwidth
145Mbps of bandwidth for optimal speed – upgrading
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Contract No. PSC113-279
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to 4GB of internet capability
Multiple carriers to provide redundancy for continuous
connectivity – including MCI/Verizon, Hurricane
Electric and Cogent
AT&T: 45Mbps fiber optic network
Cox: 100Mpbs fiber optic network
BGB Internet routing; continuously monitor and
manually balance Internet load between carriers for
optimal speed
Redundant Cisco routers
_____________________________________________________________
Monitoring
Round-the-clock (24/7/365) monitoring of all critical
components, including Internet connectivity, servers,
routers, switches and power supplies. Must comply
with the Washington State OCIO standard 141.10
_____________________________________________________________
Backup
Tape backup performed daily
Off-site tape archive. Must comply with the
Washington State OCIO standard 141.10
_____________________________________________________________
Antivirus
Must comply with the Washington State Office
of the Chief Information Officer (OIO) standard
141.10
_____________________________________________________________
Data Security
Must comply with the Washington State Office of the Chief
Information Officer (OIO) standard 141.10
_____________________________________________________________
Data Redundancy
RAID Level 5 data storage array
RAID 1 + 0
_____________________________________________________________
Intrusion Detection
Must comply with the Washington State Office
of the Chief Information Officer (OIO) standard
141.10
_____________________________________________________________
Staff Certification
Full-time Electric Engineers (EE)
Full-time Microsoft Certified Systems Engineers
(MCSE)
Full-time Cisco Certified Network Associates (CCNA)
Full-time Cisco Certified Network Professionals
(CCNP)
_____________________________________________________________
11. Disaster Recovery Plan
CONTRACTOR will provide its Disaster Recovery Plan to WSPRC for approval.
12. Systems integration
CONTRACTOR uses a proprietary solution in an effort to keep the core system unified
across all clients…all 1400+ of CONTRACTOR’S customers are on the same version of
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Contract No. PSC113-279
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the system, so there’s no need to support 10-year-old versions or roll out a dozen
different releases of the same maintenance package.
CONTRACTOR guarantees that new versions/rollouts of the software will not overwrite
applications that are built outside of CONTRACTOR’S system and plugged in as
supplements. CONTRACTOR controls the core structure in the GCMS in order to
maintain consistency and reliability and CONTRACTOR opens up data structures,
builds more APIs and makes surface-level integration as straightforward as possible.
CONTRACTOR invests in the system to add new features and upgrade existing
functionality; all in an effort to make sure every customer is on the most advanced
version of the system. The “open architecture” approach allows WSPRC IM staff and
programmers to create applications and systems that are specific to the WSPRC’
needs and tie them into the site, using the site itself as a platform on which to build.
13. CMS Redundant Site
Twice every month following project go-live, CONTRACTOR shall push to WSPRC an
electronic copy of the latest version of its Content Management System (CMS),
Associated Modules and Content. All relevant system documentation sufficient to allow
the installation and use of the software, by reasonable trained technicians, will be
provided by CONTRACTOR at installation. PARKS will be responsible for maintaining
and testing hardware. PARKS agrees to keep the CONTRACTOR’S CMS, associate
modules and content in a secure environment and use for PARKS sole purpose.
14. Exit Plan
System Ownership: WSPRC owns all data and software associated with the website –
the design, the page content, all module content, all importable / exportable data, all
archived information and the GCMS. This provides the agency the peace-of-mind of
remaining in total control of all website content and functionality. While hosted and
maintained with CONTRACTOR, this data is never shared, and CONTRACTOR retains
tight controls over its hosting operations, allowing for daily site backups, redundant
power and internet systems, site redundancy and emergency recovery procedures.
If the contract between WSPRC and CONTRACTOR were to be canceled due to the
wishes of WSPRC, the CONTRACTOR’s Support Department will transfer all
associated data and software in order to make a smooth transition to the WSPRC’ new
hosting arrangement and, if necessary, management platform.
In the event the CONTRACTOR were to cease support for the software due to
bankruptcy, acquisition, a change in business operations or other circumstances,
WSPRC would also receive full and complete control of all website data and software.
Under either circumstance, provision of the core code, all associated modules and
functionality would allow PARKS to move the entire website to an alternative hosting
location without altering the management tools or modifying operation of the website in
any way. PARKS agrees to use the core code, associated modules and functionality
only for its sole purposes.
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Contract No. PSC113-279
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15. Agency’s Representation and Warranty
WSPRC represents and warrants to CONTRACTOR that: (i) except for materials
described in clause (ii) below, it is the sole owner of the copyright and all other rights,
title, and interest to any content provided by it to CivicPlus for inclusion in the official
and affiliated websites, including but not limited to, text, artwork, and photographs, such
that there will not be any copyright infringement or violation of any other rights
belonging to any other person; and (ii) if such material is copyrighted by another person
or entity, WSPRC, at its own expense, obtain any necessary license, approval or
consent from the copyright owner for the inclusion of such material in the WSPRC
websites.
16. Confidentiality
To the extent allowable by law, WSPRC agrees to maintain the confidentiality of
information regarding CONTRACTOR’S CMS. Such information includes, but is not
limited to, all concepts, plans, models, programs, developments, modules, code and
designs.
17. Not Partner, Agent, Nor Employee
Both parties are independent contractors in carrying out its duties hereunder, and
nothing contained herein shall constitute CONTRACTOR as an agent, partner, joint
venturer, or employee of WSPRC. Neither party is authorized to waive any right or to
incur, assume or create any debt, obligation, contract or release of any kind whatsoever
in the name of or on behalf of the other party. Neither party shall hold itself out as an
agent of the other party nor make any statement or representation that such party has
any authority to act on behalf of the other.
18. Post implementation support and application maintenance: CONTRACTOR will
support and provide all application maintenance, service and upgrades at no charge.
19. Project schedule: Total completion time – 16 to 22 weeks.
C. The CONTRACTOR shall produce the following written reports or other written documents
(deliverables) by the dates indicated below.
Deliverables shall be received and approved by WSPRC no later than 22 weekks from the
execution o fhte contract.
All written reports required under this contract must be delivered to Sandy Mealing, the
Project Representative, in accordance with the schedule above.
PERIOD OF PERFORMANCE
The period of performance under this contract will be one year from the date of execution,
whichever is later, through May 31, 2014.
COMPENSATION
Total compensation payable to CONTRACTOR for satisfactory performance of the work under
this contract shall not exceed Seventy-One Thousand, Four Hundred Forty, and No/100ths
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Contract No. PSC113-279
Page 18 of 30
Dollars ($71,440.00). CONTRACTOR'S compensation for services rendered shall be based
on the rates included within the Scope of Work.
PARKS and CONTRACTOR agree that one-third of the total First Year Fee will be billed upon
completion of design; one-third of the total First Year Fee will be billed upon completion of
content. The remainder of the total First Year Fee and any additional Project Development
services will be invoiced after training has been completed. PARKS agrees that any work
begun by June 30, 2013, for specific phases may be billed in the same month, with the
remainder of the one-third of the total First Year Fee to be paid after July 1, 2013.
EXPENSES
CONTRACTOR shall receive reimbursement for travel and other expenses as authorized in
advance by WSPRC as reimbursable. Such expenses may include transportation, lodging,
and subsistence as necessary during periods of required travel. CONTRACTOR shall receive
compensation for travel expenses at current state travel reimbursement rates.
BILLING PROCEDURES AND PAYMENT
WSPRC will pay CONTRACTOR upon acceptance of services provided and receipt of
properly completed invoices, which shall be submitted to the Project Representative not more
often than monthly.
The invoices shall describe and document to WSPRC'S satisfaction, a description of the work
performed, the progress of the project, and earned fee. The invoice shall include the contract
number at a minimum. If expenses are invoiced, a detailed breakdown of each type is
required. A receipt must accompany any single expense in the amount of $50.00 or more in
order to be eligible to receive any reimbursement.
Payment shall be considered timely if made by WSPRC within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by
the CONTRACTOR.
WSPRC may, in its sole discretion, terminate the contract or withhold payments claimed by
the CONTRACTOR for services rendered if the CONTRACTOR fails to satisfactorily comply
with any term or condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under this
contract shall be made by WSPRC.
It is agreed by WSPRC and the CONTRACTOR that if the CONTRACTOR does not timely
provide or perform the requirements referred to or listed in the scope of work, damage to
WSPRC will result. The damages to WSPRC resulting from the same would be difficult or
impractical to ascertain. The liquidated damages specified herein represent a good faith effort
to quantify the harm that could reasonably be anticipated at the time of the making of the
contract. The damages provided in this section are just and reasonable. Therefore, WSPRC
and the CONTRACTOR agree that if the CONTRACTOR does not meet the mutually agreed
upon performance or deliverable dates as a result of CONTRACTOR’S actions(s) or failure to
act, then there shall be assessed against the CONTRACTOR, as fixed and agreed liquidated
damages, the sum of $100.00 per day. WSPRC may, at its discretion, and after notifying the
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Contract No. PSC113-279
Page 19 of 30
CONTRACTOR, withhold the assessed liquidated damages from payments to the
CONTRACTOR, or invoice the CONTRACTOR therefore, in which case the CONTRACTOR
shall pay said damages within 30 days of the date of invoice. Nothing in this provision shall be
construed as relieving the CONTRACTOR from performing all Contract requirements.
Moreover, WSPRC reserves the right to enforce or to seek other remedies without limitation
for failure of the CONTRACTOR to perform any contract duty pursuant to this Contract.
INSURANCE
The CONTRACTOR shall provide insurance coverage as set out in this section, or as set forth
in any Request for Proposals or procurement request mechanism. The intent of the required
insurance is to protect the state should there be any claims, suits, actions, costs, damages, or
expenses arising from any negligent or intentional act or omission of the CONTRACTOR or
subcontractor, or agents of either, while performing under the terms of this contract.
The CONTRACTOR shall provide insurance coverage, which shall be maintained in full force
and effect during the term of this contract, as follows:
1. Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, in adequate quantity to protect against
legal liability arising out of contract activity but no less than $1,000,000 per occurrence.
Additionally, the CONTRACTOR is responsible for ensuring that any subcontractors
provide adequate insurance coverage for the activities arising out of subcontracts.
2. Automobile Liability. In the event that services delivered pursuant to this contract
involve the use of vehicles, either owned or unowned by the CONTRACTOR,
automobile liability insurance shall be required. The minimum limit for automobile
liability is:
$1,000,000 per occurrence, using a Combined Single Limit
for bodily injury and property damage.
The insurance required shall be issued by an insurance company(ies) authorized to do
business within the state of Washington, and shall name the state of Washington, its agents
and employees as additional insureds under the insurance policy(ies).
All policies shall be primary to any other valid and collectable insurance. CONTRACTOR shall
instruct the insurers to give WSPRC thirty (30) calendar days advance notice of any insurance
cancellation.
CONTRACTOR shall submit to WSPRC within fifteen (15) calendar days of the contract
effective date, a certificate of insurance that outlines the coverage and limits defined above.
CONTRACTOR shall submit renewal certificates as appropriate during the term of the
contract.
ASSURANCES
WSPRC and the CONTRACTOR agree that all activity pursuant to this contract will be in
accordance with all the applicable current federal, state, and local laws, rules, and regulations.
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Contract No. PSC113-279
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Personal/private information has been redacted
Per Invasion of privacy exemption – RCW 42.56.050
EXHIBIT A
GENERAL TERMS AND CONDITIONS
DEFINITIONS
As used throughout this contract, the following terms shall have the meaning set forth below:
A. "WSPRC" shall mean the Washington State Parks and Recreation Commission, any
division, section, office, unit, or other entity of WSPRC, or any of the officers or other
officials lawfully representing that WSPRC.
B. "AGENT" shall mean the Director, and/or the delegate authorized in writing to act on the
Director's behalf.
C. "CONTRACTOR" shall mean that firm, provider, organization, individual, or other entity
performing service(s) under this contract, and shall include all employees of the
CONTRACTOR.
D. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR,
who is performing all or part of those services under this contract under a separate
contract with the CONTRACTOR.
The terms "SUBCONTRACTOR" and
"SUBCONTRACTORS" means SUBCONTRACTOR(s) in any tier.
ACCESS TO DATA
In compliance with RCW 39.29.080, the CONTRACTOR shall provide access to data
generated under this contract to WSPRC, the Joint Legislative Audit and Review Committee,
and the State Auditor at no additional cost. This includes access to all information that
supports the findings, conclusions, and recommendations of the CONTRACTOR’S reports,
including computer models and methodology for those models.
AMENDMENTS
This contract may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of
the parties.
AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the "ADA" 28 CFR Part 35
The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunications.
ASSIGNMENT
Neither this contract, nor any claim arising under this contract, shall be transferred, or
assigned by the CONTRACTOR without prior written consent of WSPRC.
ATTORNEYS’ FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to
bear its own attorney fees and costs.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning WSPRC, or
information that may be classified as confidential, for any purpose not directly connected with
the administration of this contract, except with prior written consent of WSPRC, or as may be
required by law.
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Contract No. PSC113-279
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CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or any tribunal, WSPRC
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is
found after due notice and examination by the AGENT that there is a violation of the Ethics in
Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONTRACTOR in
the procurement of, or performance under this contract.
In the event this contract is terminated as provided above, WSPRC shall be entitled to pursue
the same remedies against the CONTRACTOR as it could pursue in the event of a breach of
the contract by the CONTRACTOR. The rights and remedies of WSPRC provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by
law. The existence of facts upon which the AGENT makes any determination under this
clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this
contract.
COPYRIGHT PROVISIONS
Unless otherwise provided, all materials produced under this contract shall be considered
"works for hire" as defined by the U.S. Copyright Act and shall be owned by WSPRC.
WSPRC shall be considered the author of such materials. In the event the materials are not
considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably
assigns all right, title, and interest in materials, including all intellectual property rights, to
WSPRC effective from the moment of creation of such materials.
Materials means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer
programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright,
patent, register and the ability to transfer these rights.
For materials that are delivered under the contract, but that incorporate pre-existing materials
not produced under the contract, CONTRACTOR hereby grants to WSPRC a nonexclusive,
royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions,
including intellectual property rights, moral rights and rights of publicity, necessary to grant
such a license to WSPRC.
The CONTRACTOR shall exert all reasonable effort to advise WSPRC, at the time of delivery
of materials furnished under this contract, of all known or potential invasions of privacy
contained therein and of any portion of such document that was not produced in the
performance of this contract.
WSPRC shall receive prompt written notice of each notice or claim of infringement received by
the CONTRACTOR with respect to any data delivered under this contract. WSPRC shall have
the right to modify or remove any restrictive markings placed upon the data by the
CONTRACTOR.
COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that no person or selling agent has been employed or retained
to solicit or secure this contract upon an agreement or understanding for a commission,
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Contract No. PSC113-279
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percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the CONTRACTOR for securing business.
WSPRC shall have the right, in the event of breach of this clause by the CONTRACTOR, to
annul this contract without liability or, in its discretion, to deduct from the contract price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage, or contingent fee.
DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
DISPUTES
Except as otherwise provided in this contract, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with
AGENT following the below detailed process:
1. The request for a dispute hearing must:
 Be in writing;
 State the disputed issue(s);
 State the relative positions of the parties;
 State the CONTRACTOR’S name, address, and contract number; and
 Be mailed to the AGENT and the other party’s (respondent’s) contract manager
within 3 working calendar days after the parties agree that they cannot resolve the
dispute.
2. The respondent shall send a written answer to the requester’s statement to both the
agent and the requester within 5 working calendar days.
3. The AGENT shall review the written statements and reply in writing to both parties
within 10 working days. The AGENT may extend this period if necessary by notifying
the parties.
4. The parties agree that this dispute process shall precede any action in a judicial or
quasi-judicial tribunal.
Nothing in this contract shall be construed to limit the parties’ choice of a mutually acceptable
alternate dispute resolution method in addition to the dispute resolution procedure outlined
above.
DUPLICATE PAYMENT
WSPRC shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will charge
the State of Washington or any other party under any other contract or agreement, for the
same services or expenses.
GOVERNING LAW
This contract shall be construed and interpreted in accordance with the laws of the State of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold
harmless State, agencies of State and all officials, agents and employees of State, from and
against all claims for injuries or death arising out of or resulting from the performance of the
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Contract No. PSC113-279
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contract. “Claim,” as used in this contract, means any financial loss, claim, suit, action,
damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury,
sickness, disease, or death, or injury to or destruction of tangible property including loss of use
resulting therefrom.
CONTRACTOR’S obligations to indemnify, defend, and hold harmless includes any claim by
any of CONTRACTORS’ agents, employees, representatives, or any subcontractor or its
employees.
CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the State for any
claim arising out of or incident to CONTRACTOR’S or any subcontractor’s performance or
failure to perform the contract. CONTRACTOR’S obligation to indemnify, defend, and hold
harmless the State shall not be eliminated or reduced by any actual or alleged concurrent
negligence of State or its agents, agencies, employees and officials.
CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless State and its agencies, officials, agents or employees.
INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this contract.
The CONTRACTOR and his or her employees or agents performing under this contract are
not employees or agents of WSPRC. The CONTRACTOR will not hold himself/herself out as
or claim to be an officer or employee of WSPRC or of the State of Washington by reason
hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would
accrue to such employee under law. Conduct and control of the work will be solely with the
CONTRACTOR.
INDUSTRIAL INSURANCE COVERAGE
The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If
the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees, as may be required by law, WSPRC may collect from the
CONTRACTOR the full amount payable to the Industrial Insurance accident fund. WSPRC
may deduct the amount owed by the CONTRACTOR to the accident fund from the amount
payable to the CONTRACTOR by WSPRC under this contract, and transmit the deducted
amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This
provision does not waive any of L&I’s rights to collect from the CONTRACTOR.
LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing,
accreditation and registration requirements/standards, necessary for the performance of this
contract.
LIMITATION OF AUTHORITY
Only the AGENT or AGENT’S delegate by writing (delegation to be made prior to action) shall
have the express, implied, or apparent authority to alter, amend, modify, or waive any clause
or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver
or any clause or condition of this contract is not effective or binding unless made in writing and
signed by the AGENT.
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
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Contract No. PSC113-279
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In the event of the CONTRACTOR'S non-compliance or refusal to comply with any
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further
contracts with WSPRC. The CONTRACTOR shall, however, be given a reasonable time in
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
NONDISCRIMINATION
During the performance of this contract, the CONTRACTOR shall comply with all federal and
state nondiscrimination laws, regulations, and policies.
PRIVACY
Personal information including, but not limited to, “Protected Health Information,” collected,
used, or acquired in connection with this contract shall be protected against unauthorized use,
disclosure, modification or loss.
CONTRACTOR shall ensure its directors, officers,
employees, subcontractors or agents use personal information solely for the purposes of
accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not
to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons
personal information without the express written consent of WSPRC or as otherwise required
by law.
Any breach of this provision may result in termination of the contract and the demand for
return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless
WSPRC for any damages related to the CONTRACTOR’S unauthorized use of personal
information.
PUBLICITY
The CONTRACTOR agrees to submit to WSPRC all advertising and publicity matters relating
to this contract wherein WSPRC’S name is mentioned or language used from which the
connection of WSPRC’S name may, in WSPRC’S judgment, be inferred or implied. The
CONTRACTOR agrees not to publish or use such advertising and publicity matters without the
prior written consent of WSPRC.
RECORDS MAINTENANCE
The CONTRACTOR shall maintain books, records, documents, data, and other evidence
relating to this contract and performance of the services described herein, including, but not
limited to accounting procedures and practices that sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this contract.
CONTRACTOR shall retain such records for a period of six years following the date of final
payment. At no additional cost, these records, including materials generated under the
contract, shall be subject at all reasonable times to inspection, review, or audit by WSPRC,
personnel duly authorized by WSPRC, the Office of the State Auditor, and federal and state
officials so authorized by law, regulation, or agreement.
If any litigation, claim, or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
REGISTRATION WITH DEPARTMENT OF REVENUE
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The CONTRACTOR shall complete registration with the Washington State Department of
Revenue and be responsible for payment of all taxes due on payments made under this
contract.
RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to WSPRC, or any of its
officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this contract.
SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in
any way after the effective date of this contract and prior to normal completion, WSPRC may
terminate the contract under the "Termination for Convenience" clause, without the ten-day
notice requirement, subject to renegotiation at WSPRC’S discretion under those new funding
limitations and conditions.
SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of
the remainder of the contract.
SITE SECURITY
While on WSPRC premises, CONTRACTOR, its agents, employees, or subcontractors shall
conform in all respects with physical, fire or other security policies or regulations.
SUBCONTRACTING
Neither the CONTRACTOR nor any SUBCONTRACTOR shall enter into subcontracts for any
of the work contemplated under this contract without obtaining prior written approval of
WSPRC. In no event shall the existence of the subcontract operate to release or reduce the
liability of the contractor to the Department for any breach in the performance of the
contractor’s duties. This clause does not include contracts of employment between the
contractor and personnel assigned to work under this contract.
Additionally, the CONTRACTOR is responsible for ensuring that all terms, conditions,
assurances, and certifications set forth in this agreement are carried forward to any
subcontracts. CONTRACTOR and its subcontractors agree not to release, divulge, publish,
transfer, sell, or otherwise make known to unauthorized persons personal information without
the express written consent of WSPRC or as provided by law.
TAXES
All payments accrued because of payroll taxes, unemployment contributions, any other taxes,
insurance, or other expenses for the CONTRACTOR or its staff shall be the sole responsibility
of the CONTRACTOR.
TERMINATION FOR CAUSE
In the event WSPRC determines the CONTRACTOR has failed to comply with the conditions
of this contract in a timely manner, WSPRC has the right to suspend or terminate this contract.
Before suspending or terminating the contract, WSPRC shall notify the CONTRACTOR in
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writing of the need to take corrective action. If corrective action is not taken within 30 calendar
days, the contract may be terminated or suspended.
In the event of termination or suspension, the CONTRACTOR shall be liable for damages as
authorized by law including, but not limited to, any cost difference between the original
contract and the replacement or cover contract and all administrative costs directly related to
the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff
time.
WSPRC reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the CONTRACTOR from incurring additional obligations of funds during investigation
of the alleged compliance breach and pending corrective action by the CONTRACTOR or a
decision by WSPRC to terminate the contract. A termination shall be deemed a “Termination
for Convenience” if it is determined that the CONTRACTOR: (1) was not in default; or (2)
failure to perform was outside of his or her control, fault, or negligence.
The rights and remedies of WSPRC provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
TERMINATION FOR CONVENIENCE
Except as otherwise provided in this contract, WSPRC may, by 10 calendar days written
notice, beginning on the second day after the mailing, terminate this contract, in whole or in
part. If this contract is so terminated, WSPRC shall be liable only for payment required under
the terms of this contract for services rendered or goods delivered prior to the effective date of
termination.
TERMINATION PROCEDURES
Upon termination of this contract, WSPRC, in addition to any other rights provided in this
contract, may require the CONTRACTOR to deliver to WSPRC any property specifically
produced or acquired for the performance of such part of this contract as has been terminated.
The provisions of the "Treatment of Assets" clause shall apply in such property transfer.
WSPRC shall pay to the CONTRACTOR the agreed upon price, if separately stated, for
completed work and services accepted by WSPRC, and the amount agreed upon by the
CONTRACTOR and WSPRC for (i) completed work and services for which no separate price
is stated, (ii) partially completed work and services, (iii) other property or services that are
accepted by WSPRC, and (iv) the protection and preservation of property, unless the
termination is for default, in which case the AGENT shall determine the extent of the liability of
WSPRC. Failure to agree with such determination shall be a dispute within the meaning of the
"Disputes" clause of this contract. WSPRC may withhold from any amounts due the
CONTRACTOR such sum as the AGENT determines to be necessary to protect WSPRC
against potential loss or liability.
The rights and remedies of WSPRC provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AGENT, the
CONTRACTOR shall:
1. Stop work under the contract on the date, and to the extent specified, in the notice;
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2. Place no further orders or subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the contract that is
not terminated;
3. Assign to WSPRC, in the manner, at the times, and to the extent directed by the
AGENT, all of the rights, title, and interest of the CONTRACTOR under the orders and
subcontracts so terminated, in which case WSPRC has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and
subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of the AGENT to the extent AGENT
may require, which approval or ratification shall be final for all the purposes of this
clause;
5. Transfer title to WSPRC and deliver in the manner, at the times, and to the extent
directed by the AGENT any property which, if the contract had been completed, would
have been required to be furnished to WSPRC;
6. Complete performance of such part of the work as shall not have been terminated by
the AGENT; and
7. Take such action as may be necessary, or as the AGENT may direct, for the protection
and preservation of the property related to this contract, which is in the possession of
the CONTRACTOR and in which WSPRC has or may acquire an interest.
TREATMENT OF ASSETS
A. Title to all property furnished by WSPRC shall remain in WSPRC. Title to all property
furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled to
be reimbursed as a direct item of cost under this contract, shall pass to and vest in
WSPRC upon delivery of such property by the CONTRACTOR. Title to other property,
the cost of which is reimbursable to the CONTRACTOR under this contract, shall pass
to and vest in WSPRC upon (i) issuance for use of such property in the performance of
this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by WSPRC in whole or in part,
whichever first occurs.
B. Any property of WSPRC furnished to the CONTRACTOR shall, unless otherwise
provided herein or approved by WSPRC, be used only for the performance of this
contract.
C. The CONTRACTOR shall be responsible for any loss or damage to property of WSPRC
that results from the negligence of the CONTRACTOR or which results from the failure
on the part of the CONTRACTOR to maintain and administer that property in
accordance with sound management practices.
D. If any WSPRC property is lost, destroyed, or damaged, the CONTRACTOR shall
immediately notify WSPRC and shall take all reasonable steps to protect the property
from further damage.
E. The CONTRACTOR shall surrender to WSPRC all property of WSPRC prior to
settlement upon completion, termination or cancellation of this contract
F. All reference to the CONTRACTOR under this clause shall also include
CONTRACTOR'S employees, agents, or SUBCONTRACTORS.
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U.S. DEPARTMENT OF TREASURY, OFFICE OF FOREIGN ASSETS CONTROL
WSPRC complies with U.S. Department of the Treasury, Office of Foreign Assets Control
(OFAC) payment rules.
OFAC prohibits financial transactions with individuals or
organizations, which have been placed on the OFAC Specially Designated Nationals (SDN)
and Blocked Persons sanctions list located at http://www.treas.gov/offices/enforcement/ofac/
index.html. Compliance with OFAC payment rules ensures that WSPRC does not conduct
business with individuals or organizations that have been determined to be supporters of
terrorism and international drug dealing or that pose other dangers to the United States.
Prior to making payment to individuals or organizations, WSPRC will download the current
OFAC SDN file and compare it to WSPRC and statewide vendor files. In the event of a
positive match, WSPRC reserves the right to: (1) make a determination of “reasonability”
before taking the positive match to a higher authority, (2) seek assistance from the
Washington State Office of the State Treasurer (OST) for advanced assistance in resolving
the positive match, (3) comply with an OFAC investigation, if required, and/or (4) if the positive
match is substantiated, notify the contractor in writing and terminate the contract according to
the Termination for Convenience provision without making payment.
WSPRC will not be liable for any late payment fees or missed discounts that are the result of
time required to address the issue of an OFAC match.
WAIVER
Waiver of any default or breach shall not be deemed a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this contract
unless stated to be such in writing and signed by authorized representative of WSPRC.
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