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Service Solicited - 2024 - Recite Me - Recite Me Web Accessibility SoftwareCITY OF EAGLE PROFESSIONAL SERVICES AGREEMENT (Web Accessibility Software) This Professional Services Agreement ("Agreement") is entered into this l 0 day of St 2024, by and between the City of Eagle, an Idaho municipal corporation ("City") and Recite Me ("Contractor"). The City and Contractor are sometimes collectively referred to herein as the "Parties." RECITALS WHEREAS, the City desires increase accessibility to the City's website for the duration of the agreement. Recite Me is supplied on a software as a service ("SaaS") basis; WHEREAS, the City feels that it is important to provide the public English language alternatives, and ADA accessibility and translation options on the City's website; WHEREAS, Contractor will provide a named account manager who will be the main point of contract between the Contractor and the City throughout the agreement; WHEREAS, the Contractor will provide technical support as required; WHEREAS, the Idaho Legislature during its 2023 legislative session passed an act, codified at Idaho Code § 67-2359, requiring public entities of the State of Idaho to include in certain contracts for services (including any renewals of such contracts) a written certification that the Vendor/Contractor is not currently owned or operated by the government of China and will not for the duration of the contract be owned or operated by the government of China; and NOW THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree to the following: 1. Incorporation of Recitals: The above Recitals are a material part of this Agreement and are incorporated into the Services of this Agreement by reference as though they were fully set forth herein. 2. Services: The Contractor shall provide the deliverables as identified in Exhibit A attached hereto and incorporated herein. 3. Term; Renewal; AND Termination: a) Term: This Agreement shall be for a 12-month term, beginning October 1, 2024. b) Renewal: This Agreement may be renewed, annually if mutually agreed to by the Contractor and City Council in writing. The City reserves the right to not renew this Agreement for any reason. c) Termination: Either party shall have the right to terminate this Agreement at any time by giving ninety (90) days written notice of such termination. The City may terminate this Agreement immediately upon any breach of performance specified in this Agreement by the Contractor or any violation of State, Federal or local law. Notwithstanding any provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor, and City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due City from Contractor is determined. This provision shall survive the termination of this Agreement and shall not relieve Contractor of liability to City for damages. 4. Breach of Contract: The Contractor will endeavor to rectify a breach of contract within One (1) month. The City shall be permitted to contract with another contractor should the contractor fail to rectify the breach within the given period. 5. Ownership and Intellectual Property: All materials produced for the City by Contractor under this Agreement shall become the property of the City except Contractor shall retain sole ownership of any know-how, software, source code, tools and methodologies developed by Contractor (hereinafter "work Product"). 6. Compensation: The Contractor shall be paid for its services in an amount not to exceed three thousand six hundred and seventy dollars and zero cents ($3,670.00). 7. Additional Expenses: Usual and customary office expenses, as well as mileage compensation, shall not be considered for reimbursement to the Contractor. However, should other services be needed by the contractor prior written approval must be obtained by the City, for said expenses to be available for reimbursement. 8. Equipment, Materials, Supplies: Contractor shall supply, at Contractor's sole expense, all equipment, tools, materials, and/or supplies to accomplish the services to be provided under this Agreement. 9. Payment: The Contractor shall submit an invoice for payment to Eagle City Hall, P.O. Box 1520, Eagle, Idaho 83616, or emailed to finance@cityofeagle.org . Payment of Contractor's invoice cannot be made until a copy of Contractor's W-9 is provided to the City. Payment shall be made within thirty (30) days of receipt of the invoice. Should the 30th day fall on a weekend, the payment shall be due the following Monday. An additional charge of 1.5% per month shall accrue per month of unpaid balance. 10. Taxes: The Contractor assumes full and sole responsibility for payment of state and federal income tax, withholdings, social security, and other payroll taxes on any income attributable to the Contractor arising from compensation provided under this Agreement. As such the contractor shall be required to submit a completed W-9 prior to payment of its invoice. 11. Independent Contractor: At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means and methods by which Contractor accomplishes services rendered hereunder. Contractor shall indemnify the City against any liability arising out of an allegation or finding that Contractor is not an independent contractor. Contractor is not entitled to employee benefit programs or any protection afforded employees of the City of Eagle. Contractor is not prohibited from providing the same services for other businesses at any time except times which would present a conflict in providing City services under this Agreement. As a self-employed person, the Contractor will be solely responsible for payment of all federal and state taxes, will not be an employee of the City for worker's compensation or any other purposes, and will not have unemployment insurance benefits. 12. Contractor not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation whatsoever. 13. Nondiscrimination: Contractor agrees not to discriminate against any person because of race, color, religion, sex, national origin, age, disability or marital status in any activity for which Contractor is providing services under this Agreement. 14. Indemnification: Contractor agrees to indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgment for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement 15. Liability: a) The Contractor is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. b) Save in the case of death or personal injury resulting from its negligence the aggregate liability of Recite Me NA LLC. under this Agreement (howsoever arising) shall not exceed$5,000. 16. Notice: Communication between the Parties regarding day-to-day matters shall occur via e- mail or telephone. For Clarification on or direction regarding day-to-day matters. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: CITY OF EAGLE: City of Eagle Attn: City Clerk P.O. Box 1520 Eagle, ID 83616 Email correspondence : clerks@cityofeagle.org Invoice remittance: financial@cityofeagle.org Phone: 208-939-6813 CONTRACTOR: Recite Me Attn: Matthew Cox, Country Manager 121110 Sunset Hills Road #600 Reston, VA 20190 Email: matt.cox@,reciteme.com Phone: 571-946-4068 17. Compliance with Laws: Each party shall comply with all applicable Federal, State and local laws and regulations. 18. Assignment: This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 19. Attorney's Fees: The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. 20. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. Statements or representations of any kind not embodied herein shall be of no force or effect. This Agreement may only be modified in writing. 21. Governing Law: This Agreement will be construed in accordance with the laws of the State of Idaho. 22. Heirs and Assigns: This Agreement and the terms and conditions hereof shall apply to and are binding upon the heirs, executors, administrators and assigns of the parties hereto. 23. Statutory Certifications: In accordance with Idaho Code Section 67-2359 Recite Me, LLC (company) hereby certifies that it is not owned or operated by the Government of China, as defined in said code section, and that during the Term of this Agreement it will not be owned or operated by the Government of China. 24. Severabilitv: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Approval: The City and Contractor each acknowledge that this Agreement, even though agreed upon by the City's representatives, is not binding upon the City until such time as the Eagle City Council approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGLE: Brad Pike, Mayor E. Osbom, City Clerk CONTRACTOR: lq (� C� Matthew Cox, Country Manager Recite Me EXHIBIT A SCOPE OF SERVICES The Contractor will provide Recite Me web accessibility software ("the Web Accessibility Software") for the Client's website for the duration of the agreement. Recite Me is supplied on a software as a service ("SaaS") basis. Specifically, Recite Me provides an assistive technology toolbar to help make your website more accessible and inclusive to visitors of www.cityofeagle.org. For the avoidance of doubt Recite Me is not a compliance tool and does not offer any compliance guarantees or auditing services pertaining to ADA or Web Accessibility standards and guidelines WCAG or otherwise. 1. During each month of this Agreement the Supplier undertakes to the Client that the Software shall be capable of being accessed (except where inaccessibility is caused by backbone outage or power failure of the National power suppliers or any event of Force Majeure) no less than 99.9% of the time during normal working hours of 09:00 to 17:00 EST.* 2. During each month of this Agreement the Supplier undertakes to the Client that the server on which the Software is hosted and the ancillary equipment out to the relevant router shall have no more than 1.0% down time.* 3. The Supplier undertakes that the Software is backed -up at least once every 24 hours and secured in accordance with good industry practice. 4. The Supplier will monitor the Software on the relevant server and if at any time the Software is not fully accessible for 2 hours or more then the Supplier shall notify the Client immediately and the Supplier shall start correcting the problem immediately and shall continue working on it until it is remedied. 5. The Supplier will ensure that: • All planned maintenance will be undertaken outside of the normal working hours referred to above. • All planned maintenance which may result in the Software not being available for more than 2 hours will be notified to all clients prior to carrying out such maintenance. • Notice of emergency maintenance will be given as soon as is practicable. *For the avoidance of confusion, the difference between points 1 and 2 is designed to reflect that within normal working hours our team can react in real time to any issue, whereas out of hours this may take a little longer, and to allow for any planned system downtime for maintenance/upgrades. Recite' Believing in Accessibility for All www.reciteme.com Contents About Recite Me 2 CEO's Story 3 Supporting Millions 4 Client Story 5 Who We Help 6 Daniel Cobb Story 7 Business Smart The Cost of Inaccessibility Recite Me Toolbar Implementation Supporting Services Client Success Feedback and Commentary 20 8 9 10-14 15 16-18 19 Recite Me is a cloud -based web acc solution that allows website visitors that works best for them. Approximately one billion people gl can often face barriers when visitinn prevent them from taking an active • Recite Me's innovative assistive tec accessible and inclusive through a ui easy -to -use, award -winning softwar functionality, fully customizable styli ig features, reading aids and a translation tool with over 100 fang ages. including 35 text to speech voices and many other featur es. ssibility assistive toolbar o customize a site in a way bally have a disability. They inaccessible websites that art in life. nology makes websites ique range of features. This includes text to speech This innovative software benefits mi lions of people who currently miss out on online and mobile conte devices, giving everyone the opport way that meets their individual need t. Recite Me works across all nity to use the Internet in a CEO's Story Athlete, Entrepreneur, Dyslexic As a sprinter with dreams of Olympic glory, Ross always found ways to push himself to the absolute limit to gain a competitive edge and ensure his acceptance and inclusion in the racing world. Finding out he was dyslexic at University did not stop Ross from creating that winning edge to drive himself forward in business. One thing that Ross did notice was his particular disadvantage online, with little resources to overcome his exclusion. It was at this pivotal moment that the idea for Recite Mc was born. The next few years were a blur of hard work, building a winning team, refining our product and shaping the mission that would see over 3,700 global websites deploy our tools. Fast forward to 2022, and Ross continues to drive our innovation with a guiding belief in Accessibility for all. "Recite Me is a dream to i change, to be inclusive an enable everyone to explore a share our online world fre without barriers or restricts Supporting Millions Online We strive to support as many people as we can online, one website at a time. 11/ I le Over 19.3 Million Over 3.4 Million Accessible Pages Viewed Toolbar Launches Over 34 Million Pieces of Content Read Alai u I Over 14.8 Million f; anslations Made :02111s3. r)3t3 Average 5.6 .ssion Over 500,000 Reading Aids Used Over 4.2 Million Custom Styling Changes 4 Believing in Accessibility for All ORLANDO INTERNATIONAL AIRPORT "Orlando International Airport (MCO) has a long history of innovative solutions to spearhead its focus on custonler service and added one more in early 2020 by adding the Recite Me accessibility toolbar to its web site. Recite Me was not only a more cost-effective solution for delivering web content in foreign languages but also added so many more accessibility tools to improve the user experience for visitors to our site." Jerry Harris, Asst. Director of Marketing & Air Service Development Orlando International Airport (MCO) ■ mimimiammit Believing in Accessibility for All Who needs support online? 1 in 4 adults in the U.S. has some form of disability, meaning that they can find it challenging to access online content. 22% of US residents speak a language other than English at home 61 Million adults in the US live with some form of disability 32.2 Million people in the US have a visual impairment 10% of the US population have a learning disability 10.8% percent of people with a disability have an intellectual disability 16.5% of US residents are ages 65 years and over Believing in Accessibility for All 6 "A common difficulty for individuals with Dyspraxia is reading and processing information on o screen. The amount of information presented con easily overwhelm them and because of sensory processing issues they may also experience high levels of visual stress." "These challenges can be mode worse by digital and online communications being inaccessible. This leads to barriers which can stop someone with dyspraxia or other netrrodiverse conditions from flourishing." My name is Daniel Cobb and I have Dyspraxia Why should you be inclusive online? Give everyone the opportunity to use your website in the way that it is intended. The Right Thing To Do Everyone should have the opportunity to be able to access online content. The Smart Thing To Do Open up your business to a wider audience and enhance a user's journey and experience of your website. Something I Must Do Avoid negative c.. ,_ r sentiment and possible lawsuits by providing an inclusive experience online. Believing hi Accessibilit The cost of ignoring accessibility Lost revenue, missed opportunities, and potential lawsuits 71% of people with disabilities leave a website immediately if it is not accessible. Online accessibility lawsuits reached a rate of over 10 per day in 2021 with over4,000 in total. 9 out of 10 people do not have access to the assistive technology they need. 60% of websites are in English. but only 25% of Internet users speak English as their first language. Using the Recite Me Toolbar Believing in Accessibility for All 10 Screen Reader & Translation Enable people to perceive and understand your digital content by reading website text aloud, with the option to download content to listen to later. • Screen Reader • Translation • MP3 Download Styling Customization Enable your online audience to customize your website in a way that suits their individual needs. • Font Type • Text Size • Color Options EPA AAA! _ rrt omom©I©Em®o®aE PASSENGERS & GUESTS Flight Status Parking & Transportatior Recite -1VILLE INTERNATIONAL AIRPOR TRACK YOUR FLIGHT SEARCH ARRIVALS SEARCH DEPARTURES Search Arrivals: Flight st, City, Airport Code, or Airline PLAN LIKE A PRO P Q Parking Terminal Map Shop Live Music Accessibility Security Screenings AT BNA _Options Find Vour P&A DISABWTY RIGHTS INOKO Issues Get Im Drn+Qr+'on and Advocacy for Peol recite abilities The National Disability Rights Network works in Washington, behalf of the Protection and Advocacy Systems (P&As) and C Assistance Programs (CAPs), the nation's largest providers of advocacy services for people with disabilities. NDRN promotes the network's capacity, ensures that P&As/CAPs remain strong z by providing training and technical assistance, and advocates for laws protecting i human rights of all people with disabilities. <> IFiv. A b ' c Po Find Help in Your State or Territory Are you a person with a disability in need of legal support? ratil DISABILITY I COLORADO Disability Righ Reading Aids Reading content online can be a challenge for some people. To support your website visitors and simplify their experience. Recite Me provides five main reading accessibility tools. • Ruler • Screen Mask • Dictionary • Text Only Mode • Magnifying Glass 13 PDF Reader r opt mgHb. Nu Ninmm Enable all your online PDFs to be accessible through the Recite Me Doc Reader. Read aloud, translate and customize the styling to suit peoples' individual requirements. • Screen Reader • Style Options • Ruler • Screen Mask • Translation • Magnifying Glass 14 41.1 micirnic:rz Ilfllll l Virginia D a FIND YOUR LOCA for Mental Health ,me / For Individuals With Mental Illness NAVIGATION Home About NAMI Virginia About Mental Illness Affiliates Advocacy Events Get Involved NAMITaIks NAMI Virginia and our affiliates offer an array of free online peer led support and educational resources that we hope you will consider taking advantage of. Now. more than For Individuals With N Recite 1! Peer -to -Pee Peer -to -Peer is a unique, experiendal learning prograr interested in establishing and maintaining their wellnt NAMI Connection Recovery Support Groups are 90-mi with mental illness for other persons with any diagnor provide a place that offers respect, understanding, en DC!' *El q NATIONAL ItCIVIL . GHTS MUSEUM CELEBRATING JUNETEENTH Juneteenth is a holiday in the Black community celebratir Galveston, Texas. Juneteenth has evolved to symbolize tl In year. in response to the pandemic . together to organize the Black Frec Recite It is fitting that as the Black Freedom Collective 2021 Juneteenth celebration came online, President Biden sign the bill making Juneteenth a federal holiday. The national recognition of the emancipation of enslaved people is ton overdue. Juneteenth is arguably one of the most recognized emancipation celebrations. The holiday commemorates JI 19, 1865 when Union General Gordon Granger arrived in Galveston, Texas and freed the enslaved people in accordance with the Emancipation Proclamation which w signed two years earlier on January 1, 1863. The Emancipation Proclamation was used to destabilize the Confederacy by freeing its enslaved population. A militar maneuver, the proclamation's implementation indicated t should the Union win the war. the end of slavery in the r Implementation We've Done the Hard Work for You IfEl 'Cut & Paste' JavaScript Code Takes just a few minutes to setup with no ongoing maintenance Button Design & Placement Choose from our tried & tested or create your own. Analytics Peace of Mind Reporting LIN Automated Monthly Reports Detailing the number of launches, features used and people assisted. Google Analytics Plug-in r + 1 Connect to your Google Analytics and drive • • • more insight on how we influence the customer journey. 16 = �.-�•..-------...._......• 1 • I Believing in Accessibility for All c Marketing Support Accessibility Worth Shouting About' Internal Awareness Custom resources to help raise internal 7wareness of your accessibility efforts. Launch Campaign Custom social media, infographics and blog posts OP designed to amplify your accessibility success. la 1.A1 --- IN III 1111 --- 17 Accessibility Calendar Events Accessibility is a good news story with great brand optics every day of the year. Account Manager With you every step of the way! Designated Account Manager ripWe re on hand to help with any query, no matter how big or small. (lam Quarterly Reviews An in-depth quarterly review session to discuss the people you are supporting online. DEA 1 i Bellew : ' Ability for Al! 18 elieving in Accessibilirv!oi • Client Success Recite Me clients making a positive change to help people online LEVITT FOUNDATION 'At the Levitt we hove +copleofall abilities and many drlfc rent cul ores enjoying our nrusiegY ndcnnncCtin Ifs t e tO'! lawn. r . 9' 1)!ilizh rg the Recite Me toolbar was on obvious next step in he ping our entire community hove acCB_S to our inhoo motion. Ole removed so rnor ' t air iere l o access on the lawn. it was a nr -brain's to try and remove them on our w brit' as welt." Madeline Hart Director Levitt Pavillion Dayto¢ 19 support for empowerment "It is incredibly important that DC SAFE's inforrnationyet to the people that need it. Recite Me helps this happen. Survivors need access to accurate and timely information. without it decision -making con be hampered Or dr Gmaticeily limited and subsequently rests ict full poi ticipution in the services ovailahle in Oleic community. Recite Me helps us to meet this headror 1. to ensure that individual, with disability and lap,;un$e ace's: needs have options.' Junnifcr Wesbcrry Directorof Operatic-. DC Safe PO Promo DIRECT "We believe that the Internet should be available and accessible to everyone. We at Promo Direct we comr pitted to delivering a website that is accessible to a wide range of audiences. regot dle SS of their ability and circumstance. Our website makes use of cutting edge technologies that will make it acessibleto anyone at any given lime. With our efforts. we hope to build a future when nobody is tef! behind. Dave Sarro CEO Promo Direct dok National LiCenter for u Learning Disabilities "Our. wiproce the lives of the 1 in 5 children and adults antic owide with ecn nrn; and attention issues by empowering parents and young adulte, transforming schools. and advocating for equal rights and apportunitiv It is essential to provide accessible was to 'into,¢° with NCLD's content to serve and acca nmodate our growin3 community of diver =e !comets' Grace Aiyedogbon Communications & Advocacy Specialist NCLD Believing in Accessibility for All User Feedback Influencing Innovation 77 I have Autism and Dyslexia and found that when using the Council's website. I can change the font to Dyslexia font and add a ruler to keep my place, which really helps me to understand the information I need to stay independent. I am happy that the council uses Recite Me as it is very helpful. - Maria, Sefton Council Resident 77 I've just tried out the Recite Me toolbar to see how this would work for me, and it's very easy to use. What I particularly like about it. is that I can scroll over text and the words are read back to me, also you can change the language to suit your needs - that really stands out for me because no website that I know of has this feature. - Michael McEwan, Freelance Journalist Disability Non-profit Focus Group Feedback It doesn't strain or hurt my eyes when I read now. It's remembered my settings across different sites, I really like this. It shows that they've given accessibility some thought, and that goes a long way with me. ++ If a place I'm planning to visit has an accessible website, I think they are more likely to be accessible when Iget there. 20 ! Believing in Accessibility for All t: +1571946 4068 e: info@reciteme.com w: www.reciteme.com 12110 Sunset Hills Rd #600, Reston, VA, 20190, USA Recite© Believing in Accessibility for All