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HomeMy WebLinkAboutMarc Carson, LLC 2019-12-10C, oU �1C110 - 14' MARC CARSON WEB DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: MARCMARC.CA PHONE: (707) 485-2650 WEB: A CAR Cfv� Website Service Agreement, December 10, 2019 Prepared for: Authorized Representative of City of Ukiah Police Department City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Introduction Thank you for your interest in our website services. Please find attached a Service Agreement and Terms & Conditions document to be signed and returned to: Marc Carson LLC 309 Hillview Ave. Ukiah, CA 95482 Email: marc@marccarson.com Thank you, Marc Carson Owner, Marc Carson LLC WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: MARC 4MARCCARSON.COM PHONE: (707) 485-2650 WEB: WWW.MARCCARSON.COM Marc Carson LLC Website Service Agreement and Terms & Conditions These terms and conditions apply to the proposed work outlined in the attached 2019 UPD Website Development Proposal. Initial Payment An initial payment of at least 50% of the total amount of $6150.00 shall be submitted before Marc Carson LLC begins work on the items specified in the attached proposal. The final payment of 50% will be due, at the latest, by the date 14 days following the day upon which the website deliverables described in the attached proposal are made available to a public audience. Revisions Revisions are understood to mean work done to fine-tune the look or feel of the website design as outlined in the attached proposal. Marc Carson LLC (Hereafter "Consultant," "Marc Carson", "Marc Carson LLC," or "Marc Carson Web Design") will notify you (Hereafter "Ukiah Police Department", "City of Ukiah Police Department/' or "you") when we receive requests for revisions from your authorized representative that will take longer, or require more cost than estimated to provide the project deliverables described in the attached proposal. Out -of -scope Work Absent further agreement, Marc Carson LLC is not required to perform work that falls out of the scope of work defined in the proposed work section. Marc Carson LLC maintains the sole discretion to perform out of scope services, if so requested by Ukiah Police Department. Marc Carson LLC will charge an hourly rate of $170 per hour for out of scope services. Performance You will provide Marc Carson with all the data needed to complete the services listed here, including, but not limited to, text, code, graphics, and photos. Marc Carson will not be held responsible for delays caused by missing materials. WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: MARC@MARCCARSON.COM PHONE: (707) 485-2650 WEB: WWW.MARCCARSON.COM Web Development Standards All services described here are to be performed in accordance with the most commonly accepted standards and practices of the web services industry. Marc Carson LLC will use the most universally accepted website development technologies to satisfy the broadest market possible. Web Developer Credits For a period of at least 1 year beginning on the date the work described in the attached proposal is available to the public, and as long as Marc Carson is providing your web development services, you agree to allow Marc Carson LLC to claim credit for services rendered by posting information about their business in a small, less - visible file (mainly for other web designers to see) called "humans.txt" on your website. Trademarks And Copyrights By signing this document, you represent and guarantee that any text, graphics, photos, designs, trademarks, or other artwork furnished to Marc Carson LLC or its agents for inclusion in web pages are owned by you, or you have permission from the rightful owner to use each of these elements, and will hold Marc harmless from any claim or suit arising from the use of such elements furnished by you. Marc Carson LLC represents and guarantees that any text, graphics, photos, designs, trademarks, or other artwork furnished to the City of Ukiah Police Department or its agents for inclusion in web pages are owned by Marc Carson LLC, or Marc Carson LLC has permission from the rightful owner to use each of these elements, and will hold you harmless from any claim or suit arising from the use of such elements furnished by Marc Carson LLC. Work provided under this agreement may require use of third -party software in order to be completed in a timely and cost-effective manner. You may request to review the licenses of such software at any time. Marc Carson LLC retains the right to provide their implementation of the underlying website software source code to other parties. The software source code written and provided by Marc Carson LLC is provided for a single website domain, currently specified as "ukiahpolice.com" and its sub -domains as applicable to the scope of this agreement. Marc Carson LLC does not grant access for their software to be copied or distributed for use outside of the WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: MARC@MARCCARSON.COM PHONE: (707) 485-2650 WEB: 'N‘,\Vv MAkCCARSON.COM scope of public web services provided by the City of Ukiah Police Department without a separate written agreement. Cancellation / Termination This contract can be canceled at any time, in writing, by either party if unsatisfied with the work or circumstances surrounding the work. If this agreement is canceled after Marc Carson LLC has begun work, you will receive a pro -rated refund. This refund will represent the project cost minus the cost of the work performed through the date the cancellation was received by Marc Carson. In return, Marc will send you information and files necessary to use the work he has already completed. Notwithstanding the above, Marc Carson Web Design may, at its discretion, terminate service under this agreement at any time, without penalty, if the client fails to comply with any of the material terms or conditions of this agreement. Independent Contractor Marc Carson LLC is an independent contractor and is solely responsible for his acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents, and employees WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: MARC©MARCCARSON.COM PHONE: (707) 485-2650 WEB: 'r\AVV MARCCARSON.COM harmless from and against any claims or demands by federal, state, or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand, or law suit. Consultant warrants and represents that it is a properly licensed professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this agreement. Limited Liability Marc Carson Web Design, its employees, affiliates, agents, third party information providers, merchants, licensers, or the like, does not and will not warrant that its work will be error free. Nor will it make any warranty as to the results that may be obtained from the use of the completed work as described herein, or as to the accuracy, reliability or content of any information service or merchandise contained in, or provided through, the Marc Carson Web Design web hosting service, unless it is expressly stated in this agreement. Under no circumstances, including negligence, shall Marc Carson Web Design, its officers, agents, or anyone else involved in creating, producing, or distributing Marc Carson Web Design web hosting service be liable for any direct, indirect, medical, dental, special or consequential damages that result from the use of or inability to use the Marc Carson Web Design project files or website software provided here; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not caused by an act of God, communication failure, theft, destruction, or unauthorized access to Marc Carson Web Design records, programs, or services. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT SUCH AS FILES AND DATABASES PROVIDED TO THE CLIENT OR STORED ON A MARC CARSON WEB DESIGN SERVER. Notwithstanding the above, the exclusive remedy for damages, losses and causes of action, whether in contract, tort, or otherwise, by either party, shall not exceed the aggregate dollar amount paid during the term of this agreement. Lawful Purpose You are warranting that your use of Marc Carson Web Design Server will be for lawful purposes only. Your transmission of any material in violation of any local, state, or WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN MARC CARSON WEB DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: I;t rc` I:', .:_�ARSON.C_M PHONE: (707) 485-2650 WEB: WWW.MARCCARSON.COM federal regulation is strictly prohibited. Any violation of this provision shall result in the immediate termination of this agreement and deactivation of hosting service. Finality & Void if Unsigned This agreement constitutes the entire understanding and agreement of all parties. No changes or modifications to this document will be accepted; in such a case a new agreement must be signed. The services and software described here are provided solely for the use of the City of Ukiah Police Department. The above prices, specifications and conditions are satisfactory and are hereby accepted. You hereby acknowledge that you are authorized to enter into this transaction on behalf of the entity named below: This agreement, if unsigned, shall be considered void 30 days from the date it was sent. Corporate Name as Registered in State of California: (jV_, Authorized Representative's Name: Authorized Representative's Telephone: Authorized Representative's Signature: v Date: /--l-" (q WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN MARC CARSON WEB DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: ARCCARSON.COM PHONE: (707) 485-2650 WEB: WWV MARCCARSON.COM 2019 UPD Website Development Proposal Introduction Established in 2006, Marc Carson Web Design is based in Ukiah, California. We specialize in creating high quality web experiences, and we offer a full support and training package with each website. Before moving to Ukiah, we helped create successful websites for clients including Intuit, McAfee, and Franklin Covey. Current clients include local organizations such as Mendocino Coast Botanical Gardens, Community Foundation of Mendocino County, Mendocino Community Health Clinic, Marin Convention & Visitors Bureau, and North Coast Opportunities. Our website can be found at https://www.marccarson.com. What makes our service different? • We provide best -of -class website editing tools that are extremely easy to use. • We are trained web designers and developers, specializing in creating engaging web experiences. • We offer personable, high-quality support and training. Your new website will be informative, easy to use, and visually appealing. We look forward to working together! Marc Carson, Ukiah, California Proposed Web Development Details 1. Graphic Design: Warm up the UPD Website • Creation of Warmer, Simpler Graphic Design Preview for UPD Staff Feedback • Integration of Appropriate Imagery as Obtained from UPD Photographer Resources WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN MARC CARSON WEB DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: M e MARC,_t,ESON.COM PHONE: (707) 485-2650 WEB: VVWVv MARCCARSON.COM • Recruitment -Driven Graphic Design, to Include Information About Ukiah, UPD Mission, UPD Staff • Explain: "Who We Are" and "What We Do" for Improved Human Connection • Integration of Third -party Video, When Available Development of Updated UPD Website "Look and Feel" Based on Feedback • HTML, CSS, and JavaScript Software Development to Support Changes • Testing on Latest Mobile & Desktop Platforms • Ensure UPD Mobile Website Works as Smoothly as Desktop / Computer Platforms • Update UPD Website Software As Required by Server Platform Simplify Website by Moving Content as Needed (Crime Report, Grand Jury Report) Add New Ribbons on Front Page (Press Log, FAQ, How to Make a Report, Forms/Applications, Recruitment) Cost: $5200. 2. Social Media Feed Integration: Facebook and Instagram • Creation of Facebook and Instagram Feeds Based on Latest Software Application Programming Interfaces • Assistance in Establishing Developer Account Access, as Needed • Development of Integration Style to Include HTML, CSS, JavaScript • Testing on Latest Mobile & Desktop Platforms • Preview and Integration of UPD Staff Feedback Cost: $950. Estimated Total Cost for Items 1-3, Above $6150. Timeline • As soon as we receive a go-ahead, we will contact you to establish a timeline WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN MARC CARSON WEB DESIGN 309 HILLVIEW AVE. UKIAH, CA 95482 EMAIL: MANLaMAR.JN.COM PHONE: (707) 485-2650 WEB: WWW.MARCCARSON.COM for completion of the work. What's Next? Please look over the proposal and contact us with any questions or changes. With your approval of the items and costs listed here, we will send a Website Service Agreement and request for initial payment, and begin scheduling this work. Thanks again for your time! We have enjoyed working with you. Marc and Megan Carson Marc Carson, LLC Ukiah, California WEB DESIGN WEB DEVELOPMENT GRAPHIC DESIGN INTERFACE DESIGN