HomeMy WebLinkAboutMarc Carson, LLC 2021-12-21COU No. 2122‐135
CAG Service Agreement for UkiahPolice.com
WCAG Service Agreement for UkiahPolice.com
Service Agreement Section 1 of 2
Marc Carson LLC WCAG Testing & Remediation Service Agreement and Terms &
Conditions
These terms and conditions apply to the Description of Services below. Services are
understood to be performed for the City of Ukiah Police Department, also indicated here
as UPD, City of Ukiah Police Department, Ukiah Police Department, "you," or "client".
Services are understood to be performed by Marc Carson LLC, also indicated here as
"Marc Carson," "Marc," or "we".
DESCRIPTION OF SERVICES
• Accessibility Testing & Remediation
Full-site testing and remediation based on the WCAG 2.1 AA Standard
Test and remediate / adjust website features and properties as needed to meet standard.
Includes a full report showing accessibility testing results.
We will follow up post-test to assist in establishing an ongoing testing plan. We will
provide estimates for ongoing testing at that time. $675.
• Staff Training Video
Since the website is staff-editable, we recommend this on-demand staff training in
accessibility.
This online training video overs specific web editing insights for accessibility, including
specific tips on working with web imagery and other web publishing tools relevant to the
current website editing system.
Includes presentation file(s) for later review. $225.
• Accessibility Contact Form Integration
This is an accessible, quick-contact form which allows disabled or other visitors to contact
staff directly with any feedback or complaints regarding accessibility.
The contact form is generally linked from every page of the website, in the footer area, or
embedded on the same page as the Accessibility Policy.
Please note that we do require a confirmed-working email address for feedback or
complaints in order to implement this option. $400.
Estimated Cost: $1300.
Communicating Test Results
We will communicate to you directly the results of our WCAG testing.
Fix or Remove
COU No. 2122‐135
If we find issues that fail to pass appropriate WCAG tests, we will do our best to fix them.
If we cannot fix these issues within the time normally allotted for these tasks, or if the
fixes depend on larger software changes or software upgrades, we will communicate this
to you directly.
If we come across such an issue that is unfixable, our policy is to remove the unfixable,
inaccessible website element until a plan can be made to address the issue.
No Guarantee / No Warranty / Ongoing Re-testing Recommended
WCAG standards, third-party web server software, website editing staff, and WCAG
testing software all change over time and without warning.
In addition, it is possible, though rare, for WCAG testing to fall short of what some
individual website users may consider an appropriate standard of accessibility.
Accordingly we do not make any guarantees or warranties as to specific test results at
this time or in the future, nor do we offer a guarantee or warranty on accessibility level or
level of compliance.
We recommend periodic re-testing to ensure a high standard of ongoing compliance
efforts. You can reach out to us at any time to provide additional testing and remediation
services.
Attached / Uploaded Documents Not Tested
We do not test or scan documents that have been uploaded to, or linked from, the
website. Examples of such documents include: DOCX, XLS, PDF, etc. Please contact the
appropriate software vendors to ensure these documents are created in such a way as to
maximize their accessibility.
Out-of-scope Work
Absent further agreement, Marc Carson LLC is not expected to perform work that falls out
of the scope of services defined in the Description of Services section. Marc Carson LLC
maintains the sole discretion to perform out-of-scope services, if so requested by you.
Marc Carson LLC will charge an hourly rate of $135 per hour for out of scope services.
This hourly rate is subject to change.
Performance
You will provide Marc Carson LLC with all the data needed to complete the services listed
here, including, but not limited to, login information, text, code, graphics, and photos.
Marc Carson LLC will not be held responsible for delays caused by missing materials.
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.
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Service Agreement Section 2 of 2
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 client 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 scope of public web
services provided by you 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.
Limited Liability
Marc Carson LLC, 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 LLC website design and development 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 LLC
web design or development services 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 LLC 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 LLC
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records, programs, or services. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT SUCH
AS FILES AND DATABASES PROVIDED BY MARC CARSON, 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 LLC services described in the attached
proposal will be for lawful purposes only. Your transmission of any material in violation of
any local, state, or federal regulation is strictly prohibited. Any violation of this provision
shall result in the immediate termination of this agreement and deactivation of any
accompanying hosting services previously provided on an ongoing basis by Marc Carson
LLC.
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 named client above.
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 named client.
This agreement, if unsigned, shall be considered void 30 days from the date it was sent.
SAGE SANGIACOMO
ssangiacomo@cityofukiah.com
On Behalf of: City of Ukiah Police Department
For the Website: Ukiahpolice.com
I, the authorized individual named above... *Agree to the Terms Shown in the Service
Agreement Sections Above
Please draw your signature into the box below, or type your name in the text entry box
given below.
________________________________________
Signature
Sage Sangiacomo, City Manager