HomeMy WebLinkAboutRevize 2024-02-12COU No. 2425-183
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AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this 12th day of February, 2024 (“Effective
Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
Revize, a corporation organized and in good standing under the laws of the state of California,
hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a.City requires consulting services related to Police Department Web Services.
b.Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
c.City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete
Phases One through Eight of the Project Timeline within twenty seven (27) weeks from
receipt of the Notice to Proceed. Time of Completion for Agreement shall be the end of
Year 5 starting from the Notice to Proceed. Consultant shall complete the work to the
City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is
entitled to further compensation. Consultant will adhere to this timeline provided that the
City provides any information or clarification requested by the Consultant within three
working days of receiving the request. Consultant is not responsible for delays causes
by the City's delay in or failure to respond to Consultant's requests for information or
clarification.
4.0 COMPENSATION FOR SERVICES
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4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $19,500. Labor charges shall be
based upon hourly billing rates for the various classifications of personnel employed by
Consultant to perform the Scope of Work as set forth in the attached Attachment A,
which shall include all indirect costs and expenses of every kind or nature, except direct
expenses. The direct expenses and the fees to be charged for same shall be as set
forth in Attachment A. Consultant shall complete the Scope of Work for the not-to-
exceed guaranteed maximum, even if actual time and expenses exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipated on the date they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed. Invoices shall reflect
the five year annual payment plan of $3,900 per year with payments due annually,
starting from the Notice to Proceed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the 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
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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 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 or
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.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City’s
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager’s determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A.Minimum Scope of Insurance
Coverage shall be at least as broad as:
1.Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage –
Completed Operations Form No. CG 20 37 10 01.
2.ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3.Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4.Errors and Omissions liability insurance appropriate to the consultant’s
profession. Architects’ and engineers’ coverage is to be endorsed to
include contractual liability.
B.Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1.General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
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general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2.Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3.Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4.Errors and Omissions liability: $1,000,000 per occurrence.
C.Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D.Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1.General Liability and Automobile Liability Coverages
a.The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant for the full period of time allowed by
law, surviving the termination of this Agreement. The coverage
shall contain no special limitations on the scope-of-protection
afforded to the City, its officers, officials, employees or volunteers.
b.The Consultant's insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be in
excess of the Consultant's insurance and shall not contribute with
it.
c.Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d.The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
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2.Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
3.Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend one (1)
year from the date of final approved invoice.
4.All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E.Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F.Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G.Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-consultant. All coverage for sub-contractors or sub-consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the
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termination of this Agreement, to indemnify the City for any claim, cost or liability that
arises out of, or pertains to, or relates to any negligent act or omission or the willful
misconduct of Consultant in the performance of services under this contract by
Consultant, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by the City, or arising from the active negligence of the
City.
“Indemnify,” as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the claim, including, but not limited to, the fees of
attorneys, investigators, consultants, experts and expert witnesses, and litigation
expenses.
References in this paragraph to City or Consultant, include their officers, employees,
agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or
reports and supportive data prepared by Consultant under this Agreement are owned
and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no
additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A".
All documents produced by Consultant shall be furnished to City in digital format and
hardcopy. Consultant shall produce the digital format, using software and media
approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub-contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
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provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
breaching party fails to cure the breach within the time specified in the notice, the
contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. City shall pay the Consultant only for services
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off-set for any direct or consequential damages City may incur as
a result of Consultant's breach of contract.
7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be
executed and delivered by facsimile or other electronic transmission, and in more than
one counterpart, each of which shall be deemed an original, and all of which together
shall constitute one and the same instrument. When executed using either alternative,
the executed agreement shall be deemed an original admissible as evidence in any
administrative or judicial proceeding to prove the terms and content of this Agreement.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH DANNY CALLAWAY
DEPT. OF FINANCE_ 150 KIRTS BLVD
300 SEMINARY AVENUE SUITE B
UKIAH, CALIFORNIA 95482-5400 TROY, MI 48084
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number
CITY OF UKIAH
BY: ____________________
Date
CITY MANAGER
03/11/2025
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ATTEST
____________________
CITY CLERK Date
Kristine Lawler (Mar 12, 2025 07:36 PDT)
Kristine Lawler 03/12/2025
Revize Web Services Sales Agreement
This Sales Agreement is between City of Ukiah Police Department, CA (“Client”) and Revize LLC, aka
Revize Software Systems, (“Revize”). Federal Tax ID# 20-5000179 Date: 02/17/24
CLIENT INFORMATION: REVIZE LLC:
Client Name: City of Ukiah Police Department Revize Software Systems
Client Address: 300 Seminary Ave. 150 Kirts Blvd., Suite B
Client Address 2: Troy, MI 48084
Client City/State/Zip: Ukiah, CA 95482 248-269-9263
Contact Name:
Myles Fisette
(707) 463-6225
mfisette@cityofukiah.com
Billing Dept. Contact:
Client Website Address: https://www.ukiahpolice.com/
The CLIENT agrees to purchase the following products and services provided by REVIZE:
Quantity Description Price
1 Phase 1 – Project Planning and Analysis $750
1 Phase 2 – Discovery & Design from scratch - One concept, three rounds of changes, home page
and inner page designs and layout, includes Responsive Web Design $2,750
1
Phase 3 & 4 – Revize Template Development - Set-up all CMS modules listed on the following
page with I-framing or linking to any additional 3rd party web applications and CMS module
updates $3,500
1 Phase 5 – Quality Assurance Testing $750
1
Phase 6 – Site map development/content reorganization and content migration from old website
into new website including spell checking and style corrections – up to 1,500 web pages and
documents (approximate amount on your website today). To help eliminate stale content, Revize
will not be moving over any calendar event items $1,750
1 Phase 7 – Content Editing/Administrator Training, one-day virtual session Included
1 Phase 8 – Go Live Included
1
Revize Annual Fee, pre-paid: Includes unlimited tech support, CMS software updates (up to 4
users), security software updates, and 24 hour website health monitoring. Website hosting on 4
redundant server farms included free of charge with SSL security certificate (10 GB storage
space, 100 GB monthly bandwidth limit) with pre-paid annual fee $2,000
Grand Total (1st year)
Second Year and Onward Investment
$11,500
$2,000/year
Five-year agreement with free website design refresh during year four. The annual fee will be a locked-in rate of $2,000
for the first 5 years. If client cancels this sales agreement, without cause, before the sales agreement expiration date,
the full amount of the 5-year agreement is still due. This agreement will automatically renew each year after five years
of service, unless either party gives notice of cancelation by email and letter 60 days before the end of the annual one-
year anniversary date.
5-Year Payment Plan – The Revize Client First Plan
The Revize Client First Plan offers clients an alternative payment plan that makes it easier to purchase a new website on your
budget and spreads the one-time project design and development costs over a longer period of time.
Through a 5-year contract, The Revize Client First Plan dramatically lowers the one-time project development and start-up costs
of launching a new website. What Revize does is combine the one-time and recurring fees and spreading them over the life of
the contract, interest free. And because we value our continuing relationships with our customers, you will receive a website
design refresh at the beginning of your fourth year with Revize, Free of Charge.
The Revize Client First Plan Annual Recurring Fees – Interest Free
Year 1: 1/5th of project costs + Annual Hosting, Support, Maintenance Fee
Year 2: 1/5th of project costs + Annual Hosting, Support, Maintenance Fee
Year 3: 1/5th of project costs + Annual Hosting, Support, Maintenance Fee
Year 4: 1/5th of project costs + Annual Hosting, Support, Maintenance Fee
Year 5: 1/5th of project costs + Annual Hosting, Support, Maintenance Fee
Revize requires a check for $3,900 to start this Initiative. The remaining balance is due per the
following payment schedule (actual date will be when signed agreement is received):
Payment Amount Payment Date
$3,900 02/17/2026
$3,900 02/17/2027
$3,900 02/17/2028
$3,900 02/17/2029
CLIENT also agrees and understands that:
a.The primary communication tool for this project and future tech support is the REVIZE customer portal
found at https://support.revize.com.
b. During the project, CLIENT will respond to REVIZE inquiries within 48 hours of the request to avoid any
delay in the project timeline. REVIZE agrees to a reciprocal obligation that they ensure that they are contacting
someone who is available.
c. CLIENT understands that project timelines will be delayed if they do not respond to Revize inquiries in a
timely manner.
For project timeline and details please refer to our proposal dated 01/08/25. CLIENT understands that the project
completion date is highly dependent on their timely communication with REVIZE.
CLIENT also agrees and understands that:
a. The primary communication tool for this project and future tech support is the REVIZE customer portal
found at https://support.revize.com.
b. During the project, CLIENT will respond to REVIZE inquiries within 48 hours of the request to avoid any
delay in the project timeline.
c. CLIENT understands that project timelines will be delayed if they do not respond to Revize inquiries in a
timely manner.
Terms:
1.Payments: All Invoices are due upon receipt NET 30. Work begins upon receiving initial payment.
2.Additional content migration, if requested, is available for $4 per web page or document.
3. Unless otherwise agreed, Revize does not migrate irrelevant records, calendar events, low quality images, or
data that can reasonably be considered non-conforming to new website layout.
4.Video/audio files are not permitted to be uploaded to web server. You can use a free service like YouTube or
Revize offers streaming video server at additional cost.
5.This Sales Agreement is the only legal document governing this sale. If the contract is terminated by the City
before the expiration date, the full amount of the contract is still owed.
6.Both parties must agree in writing to any changes or additions to this Sales Agreement.
7.Proper jurisdiction and venue for any legal action or dispute relating to this Agreement shall be the State of
Michigan California.
8.Pricing expires in 30 days
AGREED TO BY: CLIENT REVIZE
Signature of Authorized Person:
Name of Authorized Person: Danny Callaway
Title of Authorized Person Account Executive
Date: 02/17/25
Please sign and return to: danny@revize.com
The Following Applications & Features will be integrated into Your Website Project
Revize provides applications and features specifically designed for government websites. The applications and
features are grouped into five categories:
•Constituent’s Communication Center Apps
•Constituent’s Engagement Center Apps
•Staff Productivity Apps
•Site Administration and Security Features
•Mobile Device and Accessibility Features
Constituent’s Communication Center Apps
•Non-technical Website Editing Software
•Home Page Pop Up Alert
•Document Center with Keyword Search Bar
•FAQs with Keyword Search Bar
•Staff Directory with Keyword Search Bar
•Changeable Home Page Photo Slider or Video Player
•Photo/Video Galleries
•Google Mapping Template
•Quick Link Buttons
•Online Web Forms
•Revize Web Calendars
•Sliding Feature Bar
•Language Translator – over 95 languages
•Website Search
Constituent’s Engagement Center Apps
•News Center with Facebook/Twitter Integration
•“Share This” Social Media Flyout App
Staff Productivity Apps
•Employee Intranet with secure login gateway
City Manager
Sage Sangiacomo
03/11/2025
• Image Manager
• iCal Integration
• Drag and Drop Menu Management
• Drag and Drop Photo Management
• Drag and Drop Document Management
• Link Checker
• Menu Manager
• Online Web Form Builder
• Website Content Archiving
• Website Content Scheduling
Site Administration and Security Features
• Audit Trail
• History Log
• URL Redirect Setup
• Roles and Permission-based Security Mode
• Secure Site Gateway
• Unique Login/Password for each Content Editor
• Web Statistics and Analytics
Mobile Device and Accessibility Features
• WCAG 2.1 AA ADA Compliant
• ADA Accessibility Widget
• Responsive Website Design (RWD) for great Mobile Phone viewing on any Smart - Phone Apple, Android,
etc.
Service Level Agreement
Revize Maximum Response Times via Severity Level
• 1 hour for crisis issues
• 4-6 hours for critical issues
• 24 hours for normal issues
Crisis issues, determined by Revize, are defined as when a website error renders the CMS program or website
completely unusable or nearly unusable or introduces a high degree of operational risk and no workaround is
available. Until this error is resolved, the website is essentially halted. Many users and or core program
functionality are severely impacted.
Critical issues are defined as website errors that are an inconvenience, or causes a inconsistent behavior of the
website, which does not impede the normal functioning of the website. It could be an error that occurs
consistently and affects non-essential functions and is an inconvenience which impacts a small number of users.
May also contain visual errors for the graphical display of the website that is not ideal but still functioning
correctly.
Normal issues are defined as an error that has a small degree of significance or is a minor cosmetic issue or is a
one-off case. A one-off case occurs when the error occurs and cannot be reproduced easily. These are errors that
do not impact the daily use of the website. A low error is something that does not affect normal use, and can be
accepted for a period, but the user would eventually want changed.
Technical Support Escalation
If an issue cannot be remedied by the Tech Support technician within 3 days, it will be escalated to the CTO , Ray
Akshaya. If the problem is not resolved within 3 business days, then the Business Development Director, Joseph
Nagrant, will assemble a team to work on the issue and have a conference call with the client explaining the
resolution path the company wil l take to resolve the issue. If additional time is needed, the Business Development
Director will contact the client and notify the client with an explanation and a follow update as agreed by both the
client and Revize.
Revize Support
• 8 am – 8 pm EST Phone Support (Monday-Friday)
• 24x7x365 Portal & Email Support
• Dedicated Support Staff
• Training Refreshers
• Video Tutorials and Online Training Manual
