Bid Proposal

Bid Proposal
for
The Sun Journal
WebMagine Designs
555 Main Street
WebMagine Design
555 Main Street Tallahassee, FL 32315 (850) 555-1234 Phone (850) 123-5555 Fax
Scott Townsend Chief Executive Officer, Owner The Sun Journal 17355 Magnolia Circle Oceanside, CA 92056 August 11, 2013 Dear Mr. Townsend, It was wonderful to meet with you and discuss The Sun Journals new strategy to restyle its marketing plan and redesign its website. Since our meeting, my innovative team and I have put together a proposal package and we look forward to working with you and your company in the near future. In our proposal package, we have included: Bid Proposal with estimates for all required components Contract Payment Schedule Deliveries Timeline Usage Agreement Our responsibilities as well as what we require from you I appreciate your time and consideration. I will be contact you in approximately a week to touch base and answer any questions that you may have. Please feel free to call me at (850) 555-1234 or email me at dparish@webmaginedesigns.com if you have questions before then. Sincerely, Jane Smith Owner, Team Member
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Company Overview
WebMagine Design is an innovative Web design company that can truly take your company to the next level. We have successfully innovated, implemented and maintained many professional and effective websites since its inception in 2005. Our innovative team consists of only highly motivated and experienced members whose main goal is to problem-solve and create highly effective solutions to web and marketing issues. Our company makes progress possible at a cost-effective level. Our professionally-generated web designs and services can facilitate an increase in customer base as well as easier access for current customers. Our mission at WebMagine Design is to help our clients with any and all problems, needs and necessities possible. Consistency and communication is also a major fragment of our mission. Our success is completely contingent upon our clients success and contentment and so, they take top priority here at WebMagine Design. Our clients are our investments.
Client Overview
The Sun Journal is a California-based newspaper; its headquarters is located in Oceanside just north of San Diego. It serves the local community of Oceanside which is comprised of nearly 200,000 residents. The Sun Journal distributes over 13,000 newspapers weekly with an exceptional increase of Sunday newspaper purchases at businesses throughout the city. The Sun Journal, which was established by John Tobey in 1982, is currently operating under the guidance and supervision of Chief Executive Officer Scott Townsend. The newspaper grosses close to one million dollars annually between subscriptions and advertising.
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WebMagine Design Responsibilities:

Conversion of clients needs and requirements into a fully-functioning website Create concepts, outline and structural content of website Meet any and all timelines and deadlines determined Create or use approved content and images provided by client Conduct market research and analysis Set up email accounts Set up social media accounts Provide webhosting Provide search engine optimization Create and maintain databases Design blogs, online forms and ecommerce capabilities Abiding by all coding requirements Provide updates and support Create new logo designs (up to 4 different versions)
The Sun Journal Responsibilities:

Describe, in specificity, your needs and requirements Communicate Consistently and provide feedback Meet all terms stated in the contract unless otherwise stated Provide additional materials, as necessary Meet any and all deadlines required Provide all essential content for website Meet payment schedule to ensure continuity Provide images or cover expenses related to images Inform of any budgetary or legal issues as soon as possible Provide necessary approvals in appropriate timeframes Proofreading Press approval
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Scott Townsend Chief Executive Officer, Owner The Sun Journal 17355 Magnolia Circle Oceanside, CA 92056 August 11, 2013 Dear Mr. Townsend, I would like to take this time to thank you for the opportunity to fulfill your web design needs. WebMagine Designs has decided to put a bid in on your project. This bid will consist of the design of three (3) new webpages, one year of webhosting, email and social networking setup, database design and maintenance as well as website updates and maintenance service. As a protective measure as well, all material provided by WebMagine Design will be copyrighted and therefore property herein. If our bid is accepted, it will take approximately five (5) weeks to complete which will be delineated in a subsequent timeline. The overall price for the completion of this web design project will be $10,881.04 (this price includes Florida sales tax) plus the additional of optional extra services we can provide. I would like to thank you again for the opportunity and look forward to working with you. Sincerely, Jane Smith Owner, Team Member
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Timeline for Producing Deliverables
Week 1
Consultation and information gathering Conduct market research and analysis Brainstorming outlines and functionality of website Create several samples for client approval and feedback
September 8 - 14
Week 2-3
Programming and coding by website developer Set up Webhosting Outline, layout and concept development for site Submit final layout to client for approval and feedback
September 15-21
Week 4
Setup email and social media accounts Implementation of databases and final updates Submitted for final approval and feedback by client
September 29 - October 5
Week 5
Finalization and any problem solving Website goes live and accounts are activated Website developer issues training for procedures
October 6 - 12
Disclosure
Proper approval and feedback is necessary before further progression into the project. Training is provided to employees and management for appropriate use of website and troubleshooting areas.
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Bid proposal for the sun journal Qty

1 24 1 12 1 24 3 1 35 25 10 3 1 8.00%
Units
design months design months account months pages design fees hours accounts accounts design Tax
Description
Web Site Design Webhosting Ecommerce Package Year Subscription - Site Update Domain Name Year Subscription - Tech Support Classified Ads, Opinion Articles, Local Music Events Search Engine Optimization Legal Fees Consultation and Travel Email Account Setup Social Media Setup Storage and Password Protection SUBTOTAL Florida Sales Tax TOTAL
cost
$1,200.00 $6.25 $1,425.00 $41.67 $0.00 $0.00 $40.00 $625.00 $60.00 $75.00 $20.00 $60.00 $1,700.00
total
$1,200.00 $150.00 $1,425.00 $500.04 $0.00 $0.00 $120.00 $625.00 $2,100.00 $1,875.00 $200.00 $180.00 $1,700.00 $10,075.04 $806.00 $10,881.04
Other Optional services: Qty

20 1 52 104 12
Units
hours pages hours hours months
Description
Animation Webpage Development Year Subscription - Weekly Site Updates Year Subscription - Weekly Database Updates Year Subscription - Webhosting
cost
$100.00 $40.00 $70.00 $55.00 $6.25
total
$2,000.00 $40.00 $3,640.00 $5,720.00 $75.00
W/ TAX
$2,160.00 $43.20 $3,931.20 $6,177.60 $81.00
Payment Schedule Time Period

Initiation of Contract Website Launch
Percentage Collected
50% 25%
Amount
$5,440.52 $2,720.26
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Within 60 Days of Completion
25%
$2,720.26
Website Design Agreement

1. Description of the Services. The Designer will design a website (the "Website") for the Owner by providing the design and programming services listed on Schedule A (the "Services") in a professional and timely manner. All programming and documentation shall comply with standards currently employed by the Owner. The parties may at any time modify the scope of the Services by including desired changes in a written "change order" that explains the changes and the adjustment to the payment for the Services that will result from such changes. Such change order shall become effective when signed and dated by both parties. 2. Design Team. The Designer will use only qualified personnel to provide the Services (the "Design Team"). The Designer reserves the right to make changes to the Design Team in its sole discretion. Orientation of replacement personnel shall be at the Designer's expense. 3. Term / Scheduling. The Designer estimates reaching satisfactory completion of the Services within six weeks of the Effective Date. The term "satisfactory completion" of the Services means when the software and documentation developed for the Website performs to the specifications set forth on Schedule A, pending the approval of the Owner. This estimation does not include time during which the Designer must wait for the Owner to provide materials or information necessary for the completion of the Services. The Designer agrees to notify the Owner of any anticipated delays in completing the Services. 4. Payments. In consideration for the Services, the Owner will pay the Designer $7,629.66. Fifty percent of the payment is non-refundable and is due at the time this agreement is signed. Final payment is due upon the Designer completing the website, and obtaining the Owner's approval that the Services have been fulfilled as per the Agreement. 5. Ownership Rights. The Owner will own all of its proprietary information as included in the Services, as well as all source code, object code, screens, documentation, digital programming, operating instructions, design concepts, content, graphics, domain names, hosting, characters, stored data, and reports and notes prepared by the Designer.
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6. Designer the Ownership Rights and Grant of License . Notwithstanding any other provision of this Agreement, the Services will/may include some programming code that the Designer has previously developed for its own use (the "Designer's Prior Code"). The
Website Design Agreement (continued)...

Designer expressly retains full ownership of such code, including all associated rights to use such code. 7. Copyright Notice. The Designer shall include the following copyright notice (or any other notices requested by the Owner) to be displayed on each page of the Website that can be viewed by a user: " 2013, WebMagine Designs" 8. Independent Contractor. The Designer is an independent contractor with respect to its relationship to the Owner. Neither the Designer nor the Designer's employees are or shall be deemed for any purpose to be employees of the Owner. The Owner shall not be responsible to the Designer, the Designer's employees, or any governing body for any payroll taxes related to the performance of the Services. Upon request, the Designer will provide evidence of appropriate insurance coverage for workers compensation and general liability insurance. 9. Promotion. The Designer will not use the names, trademarks, service marks, symbols or any abbreviations of the Owner, without the prior written consent of the Owner. 10. Warranty - Designer. The Designer warrants to the Owner that all software programming, web pages, and materials delivered to the Owner in connection with the Services are free from defects in materials and faulty workmanship under normal use, and that the Website will operate properly with standards-compliant web browsers. For a period of one year from the Effective Date, the Designer will correct any software anomalies ("bugs") that occur because of defects in the source code included in the software, or because of errors related to the hosting service. After such time, the Owner may contact the hosting service to address technical support issues using the contact information included in Appendix A. While no website design process is able to guarantee bug-free results, the Services will be provided in a workmanlike manner, within local industry standards and tolerances for commercial applications. 11. Warranty - Intellectual Property Rights. The Designer represents and warrants that it has the unencumbered right and power to enter into and perform this Agreement and that
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the Designer is not aware of any claims or basis for claims of infringement of any patent, trademark, copyright, trade secret, or contractual or other proprietary rights of third parties in or to any programming or materials included by the Designer in the Services or trade names related to the Services. In the event of any claim, charge, suit or proceeding by any

third party against the Owner alleging such infringement, the Designer shall defend such claim, charge, suit or proceeding. The Designer shall indemnify and hold the Owner harmless from and against any loss, cost, damage or expense (including attorney fees and legal expenses) incurred by the Owner that may result by reason of any such claim, charge, suit or proceeding. The Owner shall have the right, if it so desires, to be represented in any such claim, charge, suit or proceeding by counsel. This indemnity shall not apply to materials provided by the Owner as contemplated by the following paragraph. 12. Warranty - Owner. The Owner represents and warrants to the Designer that the Owner owns (or has a legal license to use) all photos, text, artwork, graphics, designs, trademarks, and other materials provided by the Owner for inclusion in the Website, and that the Owner has obtained all waivers, authorizations, and other documentation that may be appropriate to evidence such ownership. The Owner shall indemnify and hold the Designer harmless from all losses and claims, including attorney fees and legal expenses that may result by reason of claims by third parties related to such materials 13. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 14. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
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15. Indemnity. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorneys fees, costs and expenses resulting from the indemnifying party's material breach of any duty, representation, or warranty under this Agreement.

16. Assignment. This Agreement is not assignable, in whole or in part, by either party without the prior written consent of the other party. Any attempt to make such assignment shall be void. 17. Attorneys Fees. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney s fees and costs. 18. Termination. Either party may terminate this Agreement at any time by providing 10 days advance written notice. In the event of such termination, the Owner shall be obligated to pay only for actual services provided by the Designer and for expenditures incurred with the Owner's approval. Unless otherwise terminated, this Agreement will terminate upon completion of the Services. 19. Termination on Default. If a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default. The party in default shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by the party providing the notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. 20. Taxes. The Owner shall pay the amount of any sales, use, excise or similar taxes applicable to the performance of the Services, if any, or, in lieu of such payment, the Owner shall provide the Designer with a certificate acceptable to the taxing authorities exempting the Owner from payment of such taxes. 21. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
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22. Governing Law / Forum. This Agreement shall be construed in accordance with the internal laws of the State of [Consultant's State], without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of [Consultant's State], and both parties expressly consent to jurisdiction in such courts.

23. Complete Contract / Amendment. This Agreement supersedes all prior agreements and understandings between the parties for performance of the Services, and constitutes the complete agreement and understanding between the parties. The parties may amend this Agreement in a written document signed by both parties.
OWNER: The Sun Journal By: ____________________________________________________ Scott Townsend
DESIGNER: WebMagine Design By: ____________________________________________________ Jane Smith
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Schedule A
Description of Services and Schedule 1. One year of hosting services at through the Designer itself 2. One year of technical support for errors pertaining to the software or hosting service 3. Configuration of the hosting service, including any email accounts 4. Automated backups of all files stored on the hosting service 5. Installation and configuration of the WordPress content management system 6. Installation and configuration of the Thematic WordPress theme 7. Installation and configuration of any recommended WordPress plugins 8. Installation and configuration of Google Analytics including automated traffic reports delivered to the Owner's email account(s) 9. Transfer of existing content to the new website 10. Modification of existing content for aesthetic and optimization purposes 11. Configuration of recommended on-site search engine optimization (SEO) 12.Customization and branding of the Thematic WordPress theme 13. Redirection of DNS to the new hosting service 14. A one hour in-person WordPress training session to teach the Owner how to make changes to the new website's content
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Terms of Service Agreement

This Website Design and Development Agreement (the Agreement) is made and effective August 11, 2013, BETWEEN: WebMagine Design (the Service Provider), a corporation organized and existing under the laws of Florida with its head office located at 555 Main Street Tallahassee, FL 32315 AND: The Sun Journal (the Company), a corporation organized and existing under the laws of California with its head office located at 17355 Magnolia Circle Oceanside, CA 92056 WHEREAS, the Service Provider is in the business of development, supply and operation of products and services relating to development and implementation of websites and services. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending to be legally bound, agree as follows: 1. SERVICES PROVIDED. The Service Provider is prepared to supply the Company with a developed and functional website that includes: Conversion of clients needs and requirements into a fully-functioning website Create concepts, outline and structural content of website Meet any and all timelines and deadlines determined Create or use approved content and images provided by client Conduct market research and analysis Set up email accounts Set up social media accounts Provide webhosting Provide search engine optimization
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Terms of Service Agreement (continued)...

Create and maintain databases Design blogs, online forms and ecommerce capabilities Abiding by all coding requirements Provide updates and support Create new logo designs (up to 4 different versions) 2. CALCULATION OF FEES AND OTHER CHARGES a. Fees for professional services are calculated on the time spent by Service Provider associates and staff attending to said services, multiplied by the relevant hourly rate. Time is casted by reference to [5] five week units. The hourly rate is applied to all work done on Companys behalf including making telephone calls, writing letters, researching the laws, negotiating with partners and preparing documents. The total cost of the project of the Company is $7,629.66. b. Before any bill is sent to the Company, the Service Providers Project Manager responsible for the matter will review it to ensure that fees and other charges are appropriate. 3. BILLING ARRANGEMENTS a. b. Billing occurs at the end of each month following completion with the description of work performed during the duration of the project. Bills are payable within 30 days of the date of invoice.
4. NONPAYMENT If Company does not pay a bill sent by Service Provider or complies with a request for payment in advance within 30 days after the invoice is sent or the request is made, Service Provider may immediately stop acting for Company.
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Terms of Service Agreement (continued)...

5. REQUEST FOR FEE DETAILS & REMAINING WORK DETAIL Service Provider will provide upon request the itemized details of the work, fees and costs incurred so fat and an estimate of the work, fees and costs payable to complete the matter. 6. TERMINATION BY WEBMAGINE DESIGN Company may terminate this agreement by giving Service Provider a written notice at any time and will be liable for all work fees incurred up to that time. If Company does not provide such a notice, it will be obligated to pay all fees for work done and for other charges incurred. 7. TERMINATION BY THE SUN JOURNAL Service Provider may terminate this agreement and stop acting for Company if: l. ll. Company does not comply with this agreement Service Provider forms the opinion on reasonable grounds, that mutual confidence and trust do not exist between both parties; or Service Provider believes on reasonable grounds that, by continuing to act for Company, it may breach the professional conduct rules which are binding upon professionals.
lll.
IN WITNESS HEREOF, each to this agreement has caused it to be executed on the date indicated above.
WEBMAGINE DESIGNS
THE SUN JOURNAL
________________________________ Authorized Signature ________________________________ Print Name and Title
________________________________ Authorized Signature ________________________________ Print Name and Title
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Confidentiality and nondisclosure agreement

THIS AGREEMENT, made this 11th day of August, 2013, between WebMagine Designs, (hereinafter Disclosing Party), and The Sun Journal (hereinafter Receiving Party). BACKGROUND The Disclosing Party and Receiving Party wish to review the Bid Proposal and exchange certain information related to the design and implementation of a website and coinciding services (the Invention) which the parties hereto consider highly c onfidential and proprietary. NOW THEREFORE, the parties hereto, intending to be legally bound in consideration of the mutual covenants and agreements set forth herein, hereby agree as follows: 1. USE OF CONFIDENTIAL INFORMATION
The Receiving Party agrees to: (a) Receive and maintain the Confidential Information in confidence; (b) Examine the Confidential Information at its own expense; (c) Not reproduce the Confidential Information or any part thereof without the express written consent of Disclosing Party; (d) Not, directly or indirectly, make known, divulge, publish or communicate the Confidential Information to any person, firm or corporation without the express written consent of Disclosing Party; (e) Limit the internal dissemination of the Confidential Information and the internal disclosure of the Confidential Information received from the Disclosing Party to those officers and employees, if any, of the Receiving Party who have a need to know and an obligation to protect it; (f) Not use or utilize the Confidential Information without the express written consent of Disclosing Party; (g) Not use the Confidential Information or any part thereof as a basis for the design or creation of any method, system, apparatus or device similar to any method, system, apparatus or device embodied in the Confidential Information unless expressly authorized in writing by Disclosing Party; and (h) Utilize the best efforts possible to protect and safeguard the Confidential Information from loss, theft, destruction, or the like. 3. RETURN OF CONFIDENTIAL INFORMATION
All information provided by the Disclosing Party shall remain the property of the Disclosing Party. Receiving Party agrees to return all Confidential Information to Disclosing Party within 15 days of written demand by Disclosing Party. When the Receiving Party has finished reviewing the information provided by the Disclosing Party and has made a decision as to whether or not to work with the Disclosing Party, Receiving Party shall return all information to the Disclosing Party without retaining any copies.
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4. NON-ASSIGNABLE This agreement shall be non-assignable by the Receiving Party unless prior written consent of the Disclosing Party is received. If this Agreement is assigned or otherwise transferred, it shall be binding on all successors and assigns. 5. GOVERNING LAW This Agreement and all questions relating to its validity, interpretation, performance and enforcement (including, without limitation, provisions concerning limitations of actions), shall be governed by and construed in accordance with the laws of the State of Florida, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary, and without the aid of any canon, custom or rule of law requiring construction against the draftsman. 6. NO LICENSE Neither party does, by virtue of disclosure of the Confidential Information, grant, either expressly or by implication, estoppel or otherwise, any right or license to any patent, trade secret, invention, trademark, copyright, or other intellectual property right. 7. BINDING NATURE OF AGREEMENT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. 8. PROVISIONS SEPARABLE The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 9. ENTIRE AGREEMENT This Agreement sets forth all of the covenants, promises, agreements, conditions and understandings between the parties and there are no covenants, promises, agreements or conditions, either oral or written, between them other than herein set forth. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon either party unless reduced in writing and signed by them. 10. ARBITRATION Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration conducted by the Commercial Division of the American Arbitration Association and in accordance with the rules thereof, conducted in Fargo, North Dakota, or in any other convenient forum agreed to in writing by the parties. Any arbitration award shall be final and binding, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of proper jurisdiction. Notwithstanding the foregoing, either party may seek and obtain temporary injunctive relief from any court of competent jurisdiction against any improper disclosure of the Confidential Information.
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IN WITNESS OF THEIR AGREEMENT, the parties have set their hands to it below effective the day and year first written above. Disclosing Party Receiving Party
By: __________________________ Authorized Signature
By: __________________________ Authorized Signature
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References
Free Confidentiality and Nondisclosure Agreement . (2013, August 10). Retrieved from Free Patent Forms: http://www.freepatentforms.com/confidentiality1.htm Terms of Service Agreement. (2013, August 10). Retrieved from Business-in-a-Box: http://www.biztree.com/Templates/Terms-of-Service-Agreement.html Ferguson, S. W. (2013, August 10). Web Design Agreement. Retrieved from SlideShare: http://www.slideshare.net/SeanWF/website-design-agreement-template Guild, G. A. (2010). Pricing and Ethical Guidelines. 32 Broadway, Suite 1114, New York, New York 10004: Graphic Artists Guild, Inc.
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Bid Proposal

The Sun Journal

WebMagine Design Responsibilities:

The Sun Journal Responsibilities:

Timeline for Producing Deliverables

Bid proposal for the sun journal Qty

Other Optional services: Qty

Payment Schedule Time Period

Within 60 Days of Completion

Website Design Agreement

Website Design Agreement (continued)...

Website Design Agreement (continued)...

Website Design Agreement (continued)...

Website Design Agreement (continued)...

OWNER: The Sun Journal By: ____________________________________________________ Scott Townsend

DESIGNER: WebMagine Design By: ____________________________________________________ Jane Smith

Terms of Service Agreement

Terms of Service Agreement (continued)...

Terms of Service Agreement (continued)...

THE SUN JOURNAL

________________________________ Authorized Signature ________________________________ Print Name and Title

________________________________ Authorized Signature ________________________________ Print Name and Title

Confidentiality and nondisclosure agreement

Confidentiality and nondisclosure agreement

Confidentiality and nondisclosure agreement

By: __________________________ Authorized Signature

By: __________________________ Authorized Signature

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Authorized Signature Print Name and Title

Authorized Signature Print Name and Title