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HomeMy WebLinkAboutR-2020-099 Awarding REVIZE Bid for Website DevelopmentRESOLUTION NO. R-2020-099 A RESOLUTION AWARDING THE BID FOR THE WEBSITE DEVELOPMENT TO REVIZE AND AUTHORIZING A CONTRACT IN THE AMOUNT OF $13,600 FOR SUCH PURPOSES WHEREAS, the City issued a request for the submission of proposals for the purpose of creating a new look and new layout for the city website; and WHEREAS, the City received six (6) responses to its request for proposals and the services proposed by Revize in the amount of $13,600 for the first year and $2,900 annual maintenance fee for year two, has been evaluated and recommended as the most advantageous proposal for performance of the project; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a contract with Revize to perform such project; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the proposal of Revize for the purpose of creating a new look and new layout for the city website in the amount of $13,600 for the first year and $2,900 annual maintenance fee for year two, is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Revize in substantially the same form as attached hereto in Exhibit "A" and incorporated herein by reference is hereby authorized and approved; and FURTHER THAT the Mayor, City Administrator is hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the JO� day of October 2020. Robin Kincaid, City: Clerk EXHIBIT "A" RESOLUTION NO. R-2020-099 Website Development Agreement and Proposal AGREEMENT THIS AGREEMENT is entered into between Revize, LLC (the "Contractor") and the City of Riverside, Missouri, a Missouri municipal corporation (the "City"). WHEREAS, the City desires to engage the Contractor to provide services to the City regarding website development as more fully described in and pursuant to the conditions in Exhibit A, entitled "Project Services". NOW, THEREFORE, in consideration of the promises and mutual covenants between the parties and for other good and valuable consideration the receipt of which is acknowledged by the parties, they agree as follows. 1. Scope of Services and Compensation. A. The Contractor shall provide the Project Services described in Exhibit A (attached hereto and incorporated herein by reference), and in so doing will hire, train, supervise, direct the work of, and discharge all personnel engaged by them to perform the Project Services. The Contractor is solely responsible for payment of wages, salaries, fringe benefits and other compensation of, or claimed by, the Contractor's personnel in the performance of the Project Services, including, without limitation, contributions to any employee benefit plans and all payroll taxes. The Contractor will utilize the personal services of its staff to deliver the Project Services. The Contractor may also engage third -party contractors and other parties in connection with its performance of the Project Services, subject to prior approval by the City. B. In performance of the Project Services, Contractor shall exercise the same degree of care, skill, and diligence in the performance of the Services that is ordinarily possessed and exercised by reasonable, prudent, and experienced professionals under similar circumstances. Contractor represents it has all necessary licenses, permits, knowledge, and certifications required to perform the Services described herein. C. The City agrees to compensate the Contractor in accordance with the Compensation Schedule contained in Exhibit A. 2. The City's Responsibilities. The City shall be responsible for the following: a. Give prompt notice to the Contractor of any matters of which the City becomes aware that may affect the Project Services of the Contractor or any deficiency or perceived deficiency in the Contractor's performance of the Project Services. b. Cooperate with the Contractor in performing the Project Services by making available at reasonable times and places members of the City's officers, agents or employees to advise, assist, and consult with the Contractor. 3. Insurance The Contractor shall secure and maintain, at its expense, through the duration of this Agreement Commercial General Liability Insurance on an occurrence basis with minimum limits of $1,000,000 per occurrence and $1,000,000 aggregate coverage. Contractor shall also secure and maintain Worker's Compensation and Employer's Liability Insurance, when applicable, at the limits required by state and/or federal law. The City reserves the right to review copies of any and all insurance policies or certificates to which this Agreement is applicable. The City shall be given not less than thirty (30) days written notice from the insurer(s) at risk before cancellation, non -renewal, or material modification of coverage. 4. Representations and Warranties Contractor represents and warrants that (1) it is and will be the sole author of all works employed by Contractor in preparing any and all deliverables other than preexisting works; (2) it has and will have full and sufficient right to assign or grant the rights and/or licenses granted in the deliverables pursuant to this Agreement; (3) all deliverables other than preexisting works have not been and will not be published under circumstances that would cause a loss of copyright therein; and (4) all deliverables do not and will not infringe on any patents, copyrights, trademarks, or other intellectual property rights (including trade secrets) of any person or entity, nor has any claim (whether or not embodied in an action, past or present) of such infringement been threatened or asserted, nor is such a claim pending against Contractor (or, insofar as Contractor is aware, against any entity from which Contractor has obtained such rights). 5. Indemnification Contractor shall indemnify and hold harmless the City and its officers, employees and agents, from and against all liability, suits, actions, proceedings, judgments, claims, losses, damages, and injuries (including attorneys' fees), which in whole or in part arise out of or have been connected with Contractor's negligence, error, omission, recklessness, or wrongful or criminal conduct in the performance of the Project Services; or arising from any claim for infringement on patent, license, copyright, trademark, or other intellectually property rights related to any materials Contractor creates or supplies to the City, except to the extent that such claims arise from materials created or supplied by the City. Contractor's obligation to indemnify and hold harmless shall remain in effect and shall be binding on Contractor whether such injury shall accrue, or may be discovered, before or after termination of this Agreement. 6. Relationship of Parties. It is the intent of the parties that the Contractor shall be an independent contractor in its capacity hereunder. Nothing herein shall be construed to create an employer-employee relationship. Al! services performed pursuant to this Agreement shall be performed by the Contractor as an independent contractor. The Contractor shall not have the power to bind or obligate the City except as set forth in this Agreement or as otherwise approved by the City in writing. 2 7. , Notices. Any notice, approval or other communication between the City and the Contractor pursuant to this Agreement shall be made in writing and shall be deemed to be effective upon receipt or refusal of service and may be given by personal delivery, courier, reliable overnight delivery, facsimile or deposit in the United States mail, postage prepaid, registered or certified, return receipt requested, to the address specified below or to such other address as may later be designated by written notice of the other party, provided that any notice given by facsimile shall immediately be confirmed by another of the above methods: The City: The Contractor: City of Riverside Attn: City Administrator 2950 NW Vivion Road Riverside, Missouri 64150 Revize, LLC 150 Kirts Blvd. Troy, Michigan 48084 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and the Contractor. 8. Disputes. In the event of a dispute between the City and the Contractor arising out of or related to this Agreement, the aggrieved party shall notify the other party of the dispute within a reasonable time after such dispute arises in an effort to resolve the dispute by direct negotiation or mediation. During the pending of any dispute, the parties shall continue diligently to fulfill their respective obligations hereunder. Waiver. A waiver by either party of any breach of this Agreement by the other party shall only be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach or the same kind of breach on another occasion. 10. Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any invalid, illegal or unenforceable provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if it did, not contain the particular portion or provision held to be invalid, illegal or unenforceable. The parties further agree to amend this Agreement to replace any stricken provision with a valid, legal and enforceable provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent this entire Agreement from being invalidated should a provision which is of the essence of this Agreement be determined to be invalid, illegal or unenforceable. 11. Entire Agreement; Governing Law, This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and negotiations with respect thereto. This Agreement may be amended only by a written instrument signed by both parties. This Agreement shall be governed by the laws of the State of Missouri. In the event this Agreement is litigated, venue shall be proper only in the Circuit Court of Platte County, Missouri. 12. Successors and Assigns. The City and the Contractor each bind themselves and their successors or assigns to all provisions of this Agreement. 13. Assignment. Neither the City nor the Contractor shall assign any rights or duties under this Agreement without the prior written consent of the other party, which consent may be granted or withheld in such other party's absolute discretion. 14. No Third Party Rights. The provisions of this Agreement shall not be deemed to create any third party benefit hereunder for any member of the public or to authorize any one, not a party hereto, to maintain suit pursuant to the terms of this Agreement. 15. Counterparts. This Agreement may be executed in separate counterparts. 16. Good Faith Efforts and Cooperation. The Parties agree to use good faith efforts in a professional manner in the performance of their services and covenants in this Agreement and to cooperate at all times and coordinate their activities as necessary during the Term of this Agreement to assist in performance of the Project Services and to ensure performance of the Project Services in an efficient and timely manner. 4 17. Force Majeure Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event. 18. Term and Termination The effective date of this Agreement shall be the date of execution, when the Agreement is signed by both parties. The term of this Agreement shall be until all services are complete. Notwithstanding any provision in the Agreement to the contrary, the City reserves the right and may elect to terminate this Agreement at any time, with or without cause, by giving at least ten (10) days written notice to the Contractor. The City shall compensate the Contractor for the Services that have been completed to the City's satisfaction as of the date of termination. Contractor shall perform no activities other than reasonable wrap-up activities after receipt of notice of termination. 19. Authorized Employees Contractor acknowledges that Section 285.530, RSMo, prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it will not knowingly in violation of subsection 1 or Section 285.530, RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform Services related to this Agreement, and that its employees are lawfully to work in the United States. IN WITNESS WHEREOF, the Contractor and the City have executed this Agreement as of the Effective Date. 5 Revize, LLC: By: —. Printed Name: Thomas Jean Title: Pro'ect Manager Date: 10/28/2020 City of Riverside, Missouri: Kath eat L. Rose, Mayor . • ATTEST: ' 1) - Robin Kincaid City Clerk EXHIBIT A Project Services revize. The Government Website Experts Revize Web Services Sales Agreement Page 1 of 5 This Sales Agreement is between City of Riverside, Missouri ("CLIENT") and Revize LLC, aka Revize Software Systems, ("Revize"). Federal Tax ID# 20-5000179 Date: 10-1-2020 CLIENT INFORMATION: Company Name: Company Address: Company City/State/Zip: Contact Name: Billing Dept. Contact: CLIENT Website Address: City of Riverside 2950 NW Vivion Road Riverside, MO 64150 Robin Kincaid 816.741.3993 rkincaid,,riversidemoxom www,riversiderno.COM the following products and services provided by REVIZE: REVIZE LLC: Revize Software Systems 150 Kirts Blvd. Troy, MI 48084 248-269-9263 The CLIENT agrees to purchase Quantity Descri lotion 1 Phase 1: Project Planning and Analysis, SOW, onetime fee: 1 1 Phase 2 — Discovery & Design from Scratch, onetime fee: • 1 mockup with up to 3 rounds of changes • Home page template and inner page design and layout. • Includes Responsive Web Design Phase 3 & 4— Revize Template Development, onetime fee: • Set-up all CMS modules listed in this agreement • Integration with all 3rd party web applications Phase 5 — Quality Assurance Testing, onetime fee: 1 Price $500.00 $1,500 00 $3,200 00 $1,900.00 Phase 6 — Content Migration up to 500 webpages & documents: • Site map development and content migration from old website including spell checking and style corrections Phase 7 —Content Editing Training, onetime fee: $2700O0 Phase 8 — Go Live: $900,00 Revize Annual Software Subscription, Tech Support, CMS Updates, Website Hosting, Unlimited Users, Unlimited GB website storage, 100GB/Month Bandwidth, SSL Certificate pre -paid annual fee: Included $2,900.00 Grand Total First Year $13,600.0O revize. The Government Website Experts Payment Schedule Page 2 of 5 Payment Amount $ 10,200.00 $ 3,400.00 $ 2,900.00 $ 2,900.00 $ 2,900.00 Payment Date 11/1/2020 1/1/2021 11/1/2021 11/1/2022 11/1/2023 Includes 75% 15t Year Pro.ect Costs 25% 1st Year Project Costs Year 2 of Annual Hosting & Maintenance Year 3 of Annual Hosting & Maintenance Year 4 of Annual Hostin• & Maintenance Terms: 1. Payments: All Invoices are due upon receipt. Work begins upon receiving initial payment. 2. Revize requires a check for $10,200 to start this project. Remainder of cost balance due on 1/1/2021. 3. Additional content migration, if requested, is available for $3 per web page or document. 4. Additional bandwidth is available at $360 per year for each additional 50GB per month. 5. Additional website storage is available at $1,000 per year for each additional 5GB website storage. 8. CLIENT understands that 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://subport.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. 9. Revize will provide a free redesign of the website in year 4 of the agreement. This assumes the CLIENT agrees to 4 consecutive years of annual software subscription, tech support, CMS updates, and hosting. 10. CLIENT owns design, content, and will receive periodic updates to the CMS for the life of the contract. 11. Unless otherwise agreed, Revize does not migrate irrelevant records, calendar events, news items, bid results, low quality images, or data that can reasonably be considered non -conforming to new website layout.: 12. Storage is limited only to relevant website data. „ ,t.. • n,.. w.. - ,�„* ., .«..,.. . - ~ ,.....' : -. of 13. After content migration, CLIENT is responsible for any additional content cleanup. This includes, but is not limited to, resizing photos, reformatting text, replacing photos/icons, consolidating unwanted content, adding future calendar events, and general prep of the site before go live. CLIENT will also have the ability to add new photos, content, and pages. revize. The Government Website Experts Enterprise Revize CMS License Page 3 of 5 As part of this agreement Revize Software Systems, LLC. will provide to the CLIENT a full Enterprise Revize CMS Software license. This software is a proprietary software built and maintained by Revize Software Systems LLC. and is intended to allow for the CLIENT to easily update the content of their website. CLIENT agrees that this license will only be used to maintain the websites included in this agreement. Sharing of the content management system, by the CLIENT, with other entities not identified in this agreement is prohibited. Revize will maintain, update, and host the Revize CMS during the contract period. In the event that the contract is terminated, for any reason, Revize will provide the latest version of the Revize CMS to the CLIENT provided all payments for the entire length of the contract is fully paid. This system will then have the ability to be hosted and used by the CLIENT as long as they wish. Revize will provide reasonable support in transferring the CMS system to the CLIENT's decided upon hosting architecture. Products CLIENT Owns Include: Revize CMS License Hosted Website Source Files All Included Revize Web Applications Design & Page Content AGREED TO BY: Signature of Authorized Person: Name of Authorized Person: CLIEN REVIZE Title of Authorized Person Date: Please sign and return to: Tho n as revue, :or° 1 Thomas Jean Project agar 10/28/2020 Fax 1-866-346-8880 revize. The Government WebsIte Experts Page 4 of 5 Revize will integrate the following web applications into your website Citizen's Communication Center Apps • Notification Center with Text/Email Alerts • Bid Posting * Document Center • Email Notify • FAQs • Job Posting • Multi use Business Directory • News Center with Facebook/Twitter Integration • Online Forms • Photo Gallery • Quick Link Buttons • Revize Web Calendar • "Share This" Social Media Flyout App * Sliding Feature Bar • Language Translator Citizen's Engagement Center Apps • Citizen Request Center with Captcha • Online Bill Pay • RSS Feed Staff Productivity Apps • Agenda Posting Center • Job Posting App • Image Manager • iCal Integration • Intranet • Link Checker • Menu Manager • Online Form Builder • Staff Directory • Website Content Archiving • Website Content Scheduling revize The Government WebsIte Experts Site Administration and Security Features • Audit Trail • Auto Site Map Generator • 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 • Workflows by Department Mobile Device and Accessibility Features • Font Size Adjustment • Alt -Tags • Responsive Website Design (RWD) Page 5 of 5