HomeMy WebLinkAboutResolution 8679 RESOLUTION NO. 8679
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING A WEBSITE DESIGN, DEVELOPMENT AND
HOSTING AGREEMENT WITH REVIZE
WHEREAS, the City of Mounds View desires to engage a company to provide
design, development and hosting services for a new City website; and,
WHEREAS, Staff solicited proposals from firms having an expertise in the area of
web design, development and hosting, receiving twelve proposals to consider; and,
WHEREAS, to assist Staff with the review of proposals, the City Council established
a task force which interviewed six firms having satisfied the City's minimum expectations;
and,
WHEREAS, the task force unanimously recommends "Revize Software Systems"
(Revize) as the firm best positioned to design, build and host a new City of Mounds View
website.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mounds
View approves the attached five year agreement with Revize to design, build and host a
new City of Mounds View website at an up-front Year 1 cost of $14,515, funded from
Account 480-4180-7030, and annual renewals in Years 2 - 5 in the amount of $2,400.
Adopted this 12th day of December, 2016
Tse Flaherty, M.
ATTEST:
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James Ericson, City Administrator
(SEAL)
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Revize Web Services Sales Agreement
This Sales Agreement is between City of Mounds View, Minnesota ("CLIENT") and Revize LLC, aka
Revize Software Systems, ("Revize"). Federal Tax ID#20-5000179 Date: 12-8-16
CLIENT INFORMATION: REVIZE LLC:
Company Name: City of Mounds View Revize Software Systems
Company Address: 2401 County Road 10 1890 Crooks, Suite 340
Company Address 2: Troy, MI 48084
Company City/State/Zip: Mounds View, MN 55112 248-269-9263
Contact Name: Brian Beeman 763-717-4029
brian.beeman@ci.mounds-view.mn.us
Billing Dept. Contact:
The CLIENT agrees to purchase the following products and services provided by REVIZE:
Quantity Description Price
1 Phase 1 —Project Planning and Analysis, onetime fee: $900
1 Phase 2—Website Design, 1 concept, 3 rounds of changes, onetime fee: $2,000
1 Phase 3&4—Revize Template Development, CMS module Integration,onetime fee: $4,400
1 Phase 5—Quality Assurance Testing, onetime fee: $1,000
1 Phase 6—Site Map Development and Content Migration up to 136 pages and 200
documents or within 15%of the is amount: $2,565
1 Phase 7—Content Editing/Administrator Training, one-day session, onetime fee: $900
1 Phase 8—Go Live, onetime fee: $350
1 Revize Annual Software Subscription,Tech Support,CMS Updates,and Website Hosting,
pre-paid annual fee,8 Users, 30 GB website storage: $2,400
Grand Total $14,515
Five-year agreement with free website re-design after 3 years of annual services. Revize requires a check for
$4,935.10 to start this Initiative.Annual services and website hosting start the day of the Kick Off project meeting.
Please refer to the Revize Proposal dated 7-20-16 for project details,timeline,and additional web services provided.
Terms:
1. Payments:All Invoices are due upon receipt. Work begins upon receiving initial payment.
2. Additional content migration, if requested, is available for$3 per web page or document.
3. This Sales Agreement is the only legal document governing this sale.
4. Both parties must agree in writing to any changes or additions to this Sales Agreement.
5. This Sales Agreement is subject to the laws of the State of Minnesota.
6. Pricing expires in 30 days.
AGREED TO BY: CLIENT REVIZE
Signature of Authorized Person:
Name of Authorized Person: Joseph J.Naqrant
Title of Authorized Person Sales Director
Date:
Please sign and return to: Joseph J. Nagrant Fax 1-866-346-8880
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The Following Applications & Features will be integrated into
Your Website Project
Revize provides applications and features specifically designed for municipalities. The applications and
features are categorized into:
• Citizen's Communication Center Apps
• Citizen's Engagement Center Apps
• Staff Productivity Apps
• Site Administration and Security Features
• Mobile Device and Accessibility Features
CITIZEN'S COMMUNCIATION CENTER APPS:
Home Page Notification Center with Text and Email Alerts
Document Center
Email Notify Center
FAQs
Job Posting
Multi use Business Directory
News Center with Facebook/Twitter Integration
Personal Social Media Sharing App
Online Forms
Photo Gallery
Quick Link Buttons
Revize Web Calendars
Sliding Feature Bar
Language Translator
CITIZEN'S ENGAGEMENT CENTER APPS:
Citizen Request Center with Captcha
Public Service Request App
Public Records Request App
v Citizen Connect (Community Blog)
Online Bill Pay
v RSS Feed
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STAFF PRODUCTIVITY APPS:
J Vendor Registration/Management System with Bid Posting via Vendor Registry
v Agenda Posting Center
J Image Manager
v Intranet— Employee Portal with Secure Login
Link Checker
Menu Manager
Online Form Builder
v Staff Directory
Website Content Archiving
Website Content Scheduling
SITE ADMINISTRATION AND SECURITY FEATURES:
• Audit Trail
Auto Site Map Generator
✓ History Log
• URL Redirect Setup
.' Roles and Permission-based Security Mode
J Secure Site Gateway
v Unique Login/Password for each Content Editor
Web Statistics and Analytics
• Workflows by Department
MOBILE DEVICE AND ACCESSIBILITY FEATURES
v Font Size Adjustment
v Floating Navigation
v Alt-Tags
v Responsive Website Design (RWD) —Latest Government Design Trend to accommodate better
viewing of text and graphics for any size screen, i.e smart phones, tablets, iPads, iPhones,
Windows and Android devices
Revize. Superior Web Design and
Content Management
Software Syaterra
Website Development, Hosting and Maintenance Services
Terms and Conditions
1. These Terms and Conditions, and any attachment signed by the parties attached hereto, represent the complete
agreement and understanding(Agreement") between Revize LLC, a Michigan corporation ("Contractor"), and Mounds View, MN
("City"), and supersedes any other written or oral agreement with regard to the website development services provided for herein.
Any modification of this Agreement is valid only if the modification is in writing and signed by both Parties. City and Contractor
are sometimes individually referred to as"Party"and collectively as"Parties."
2. Contractor will provide the following services to City in exchange for payment of fees and compliance with the Terms
and Conditions of this Agreement. This Agreement, City activities and all discussions regarding City website development shall
be treated as confidential and shall not be disclosed to parties other than representatives of Contractor and the authorized
representatives of City. It is agreed that a designee of City, Brian Beeman,will be project manager,with decision making authority
on behalf of City,for purposes of this Agreement.
3. Contractor agrees to perform Website Development as described in the Revize Proposal dated 7-20-16 at a price of
$14,515.00.
(a) City agrees to pay Contractor as follows:
(i) An initial payment equal to 34% of the total cost to secure the software, website development tools,
and development server space to create a test website on the Contractor's server;
(ii) A payment equal to 33% of the total cost upon delivery of homepage and inner page design and City
approval;
(iii) A payment equal to 33% of the total cost upon implementation of the Revize Content Management
Tool and upon completion of the website site map and City approval
4. Documents&Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license
for City to use, or modify for its own use, any and all copyrights,designs,and other intellectual property embodied in this website,
which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), to which Contractor
retains ownership of all intellectual property rights. City understands and agrees that Contractor shall retain all right, title, and
interest to the Revize Content Management Tool (also known as the Revize CMS).
5. Contractor shall provide for annual website hosting on a shared server ("Hosting") for a period of five years
commencing on the date of the website project kick off meeting. Hosting will be billed to City at the rate of$2,400 per year("Initial
Term"). With respect to the Initial Term, unless one party has given written notice to the other party of its intent not to renew this
Agreement at least thirty(30)days prior to expiration of the five-year contract, this Agreement will continue in effect on a year-to-
year basis thereafter until one party gives written notice to the other of its intent not to renew this Agreement at least thirty (30)
days prior to the expiration of any renewal term. If the Term of this Agreement is extended or renewed in accordance with the
foregoing, all of the terms and conditions of this Agreement shall continue, unmodified, in full force and effect, until the end of the
last applicable renewal or extension Term,except that all rates,fees,charges,and compensation payable to Contractor hereunder
shall be increased by five percent(5%) per year,for each annual renewal period extending the term hereof.
6. Additional services not covered in this Agreement and extra hours will be presented to City for written approval prior
to commencement of work ("Extra Work"). Extra Work will be billed at Contractor's prevailing hourly rates,which are$100/hour, and
fees to any third party vendors if applicable.
7. City shall supply all information to Contractor in digital format including without limitation copy,text, audio files, video
• files, pdf files, photographs, artwork and preexisting graphics.
8. City understands and agrees that Contractor will develop website frontend to be compatible with current version
popular Internet browsers such as Internet Explorer, Google Chrome, and Firefox.
City understands and agrees that the website frontend will be designed to be compliant with Section 508 guidelines on
accessibility. Content migrated into the website by Contractor will also be compliant. City understands and agrees that website
backend and third party tools may not be Section 508 compliant.
9. Limited Warranty: Contractor does warrant that all of the deliverables included in this Agreement will be conveyed to
City. All programming code developed by Contractor within the project is warranted for a period of twelve (12) months from the
date of the completion of the website("Completion"). Contractor will create a backup of the website on the date of Completion. If
any warranted problem arises while City or its designee is maintaining the website, Contractor will restore the website back to its
condition as it existed at Completion. If Contractor is maintaining and hosting the website, Contractor shall restore the website
back to its condition as it existed at the day of the most recent backup.Contractor shall only be responsible for any costs associated
with correcting any unmodified programming code during this twelve (12) month period following the Completion.
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Except as expressly set forth in the immediately preceding paragraph, CONTRACTOR MAKES NO WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A
PARTICULAR PURPOSE WHATSOEVER. In no event,at any time,shall the aggregate liability of Contractor exceed the amount
of fees paid by City to Contractor and Contractor shall not be responsible for any lost profits or other damages, including direct,
indirect, incidental, special, consequential or any other damages, however caused.
10. Contractor does not warrant any results from the use of any web pages created under this Agreement, including but
not limited to,the number of page or site visitations,download speed,database performance,or the number of hits or impressions.
11. Although Contractor may offer an opinion about possible results regarding the subject matter of this Agreement,
Contractor cannot guarantee any particular result. City acknowledges that Contractor has made no promises about the outcome
and that any opinion offered by Contractor in the future will not constitute a guarantee.
12. Contractor may use any web pages developed for the City in any of its own promotional materials as examples of
its work. City agrees that Contractor may place in the website footer an unobtrusive text link reading "Designed and powered by
Revize"or the equivalent. Contractor's footer text credit shall always be linked to a Contractor web page.
13. Each Party warrants that it holds all rights necessary to display all the images, data, information or other items being
displayed at the City's web pages during the effective period of this Agreement. City expressly authorizes Contractor to display
and/or modify any City supplied images, data, information and other items in connection with the services provided herein.
14. City agrees to use the website in strict accordance with, but not limited to, all local, state, and federal laws. City
hereby agrees that any text, data, graphics, or any other material published by City on its website is free from violation of or
infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual
property rights of others, and is free from obscenity or libel.
15. Contractor will defend, hold harmless and indemnify City from and against all liability, loss,cost,damage,or expense,
including reasonable attorney's fees, resulting from any claim of injury to person, damages to property, or monetary damages
arising solely out of Contractor's negligence or intentional misconduct or failure to perform obligations under this Agreement. All
contractor services will be done remotely. Initial kick off meeting and status meetings may be done on-site and determined ahead
of time by City and Contractor. Travel expenses (airfare, car rental, hotel, and food)will be paid by City. Hourly on-site rate will
be$75/hour.
16.City will defend,hold harmless,and indemnify Contractor,its officers,directors,shareholders,employees,and agents
from and against all liability, loss,cost, expense, including reasonable attorney's fees, resulting from any claim of injury to person,
damages to property, or monetary damages arising out of City's negligence or intentional misconduct or failure to perform
obligations under this Agreement.
17. Estimated times are included for convenience. Actual times will vary depending on City interaction and participation.
However, the Parties agree to reasonably cooperate with one another in the construction and design of the website in a timely
manner.
18. This Agreement shall be governed by and construed in accordance with the laws of the United States of America,
and the State of Minnesota. Any cause of action of City with respect to the services provided hereunder must be instituted within
one year after the claim or cause of action has arisen or be forever barred.
19. The waiver by one Party of any term or condition of this Agreement, or any breach thereof, shall not be construed to
be a general waiver by said Party or as a waiver of any other term or breach.
20. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement
except as expressly stated herein.
21. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he, she or it
(a) has read each of the terms set forth herein, (b) has the authority to execute this Agreement for such person or entity, and (c)
expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shall be bound by all terms
and conditions contained herein.
22. It is understood and agreed that if any interpretation is to be made of this Agreement,the same shall not be construed
for or against any of the Parties.
23. The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the
transactions described herein. In the event a Party chooses not to seek independent legal counsel,that Party does so freely and
knowingly and waives any such rights to counsel.
Since the Parties or their agents have participated fully in the preparation of this Agreement,the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
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24. Should a dispute, including but not limited to any litigation or arbitration be commenced (including any proceedings
in a bankruptcy court)between the Parties hereto or their representatives concerning any provision of this Agreement,or the rights
and duties of any person or entity hereunder, the Party or Parties prevailing shall be entitled to reasonable attorney's fees and
court costs incurred by reason of such action.
25. Except for any injunctive relief or similar remedy, which may be sought in any court of competent jurisdiction any
controversy, dispute, claim or counterclaim, whether it involves a disagreement about this Agreement or its meaning,
interpretation, or application; the performance of the Agreement; questions of arbitrability as to subject matter of the dispute;
whether an agreement to arbitrate exists and, if so,whether it covers the dispute[s]in question;or any other question of arbitrability
or form of disagreement or conflict among the Parties to the Agreement, shall be submitted to final and binding arbitration at the
request of either Party, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each Party
shall be responsible for one-half of the costs for the arbitrator(s)and arbitration.
26. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall
constitute one and the same Agreement.This Agreement becomes effective upon Contractor's receipt of an executed copy of this
Agreement.
27. Force Majeure: Any delay in the performance by either Party hereto of its obligations hereunder shall be excused
when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such
Party,including,without limitation,any act of God;any fire,flood,or weather condition;any computer virus,worm,denial of service
attack; any earthquake;any act of a public enemy, war, insurrection, riot, explosion or strike; provided,that written notice thereof
must be given by such Party to the other Party within ten (10)days after occurrence of such cause or event.
28. In the case of any conflict between the Terms and Conditions, Proposal, and the Revize Proposal dated 7-20-16, the
following order of priority shall be utilized:Terms and Conditions,Attachment A, Proposal.
29. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent
jurisdiction,the remaining provisions shall continue in full force and effect.
30. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only
and are not intended to summarize or otherwise describe the subject matter of such paragraphs and shall not be given any
consideration in the construction of this Agreement.
Non-Assignment Clause: Neither party will assign this Agreement, nor any interest arising herein,without the written consent of the
other party.
The Contractor must not enter into subcontracts for any of the services provided for in this Agreement without the express written
consent of the City.
The provisions of this Agreement are severable. If any portion hereof is,for any reason, held by a court of competent jurisdiction to
be contrary to law,such decision will not affect the remaining provisions of the Agreement.
The Contractor will maintain general liability insurance during the term of the agreement.
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws
relating to data privacy or confidentiality. The Contractor will immediately report to the City any requests from third parties for
information relating to this Agreement. The City agrees to respond promptly to inquiries from the Contractor concerning data
requests. The Contractor agrees to hold the City, its officers,and employees harmless from any claims resulting from the
Contractor's unlawful disclosure or use of data protected under state and federal laws.
The Contractor agrees that the City,the State Auditor or any of their duly authorized representatives,at any time during normal
business hours and as often as they may reasonably deem necessary,shall have access to and the right to examine,audit, excerpt
and transcribe any books,documents, papers, and records that are relevant and involve transactions relating to this Agreement.
Contractor agrees to comply with all applicable federal, state,and local laws, rules, regulations, and ordinances in providing its
services under this Agreement.
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31. All notices under this Agreement shall be in writing and effective on the date of delivery if delivered by personal service,
Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. mail, postage prepaid, to each Party as
follows:
(a) City: City of Mounds View
2401 County Road 10
Mounds View, MN 55112
Attn: Brian Beeman, M.P.A
(b) Contractor:
Revize LLC
Forbes-Haffey Building
1890 Crooks, Suite 340
Troy, Michigan 48084
Attn:Joseph J. Nagrant—Sales Director
Fax:(866)346-8880
CITY OF MOUNDS VIEW
DATE: By:
Print Name Print Title
REVIZE LLC
DATE: By:
Joseph J. Nagrant Title: Sales Director