HomeMy WebLinkAboutAgreement A-25-318 with Avenu Insights Analystics LLC.pdf Agreement No. 25-318
A V E N V CA-Fresno County
RevQ Software Subscription Agreement
Software Subscription Agreement- 1 Products
This Software Subscription Agreement for RevQ Products and Services (the"Agreement") is entered into on June
24, 2025-("Effective Date") by and between Avenu Insights and Analytics,LLC,a Delaware entityhaving a principal
place of business at 5860 Trinity Parkway, Suite 120, Centreville,VA 20120, and authorized to do business in the State of
California("Avenu") and the County of Fresno,a political subdivision of the State of California,having a principal location at
2281 Tulare Street,Fresno,CA 93721("Client").
1. SCOPE.This Agreement governs Client's use of the products set forth in Section 4,which are licensed to Client
by Avenu on a subscription basis ("Products") and related services, which may be provided by Avenu on a
subscription or one-time basis, as set forth in Section 5 (the "Services"). This Agreement includes
and incorporates by reference the following: Schedule A(Implementation of RevQ Products and Services-
(Statement of Work); Schedule B (Administration Roles and Responsibilities - Hybrid); Schedule C -(Support
Addendum) and Schedule D- (Self Dealing Transaction Disclosure Form).
2. PERIOD OF PERFORMANCE AND SUBSCRIPTION TERM. The performance period under this Agreement
begins on the Effective Date and continues until the expiration or completion of the Subscription Term.The
initial Subscription Term is from June 24, 2025, through June 23, 2027 (the "Initial Subscription Term").
Following the Initial Subscription Term, the Subscription Term will automatically renew upon the same
terms and conditions as set forth in this Agreement for successive one (1)year periods (each a"Renewal
Extension"),unless either party provides written notice of termination to the other party at least sixty(60) days
before the end of the then-current Renewal Extension (in such case,the Agreement will terminate on the end
date of the then current Subscription Term). The term "Subscription Term" refers to the Initial Subscription
Term and any Renewal Extensions.
3. FEES AND PAYMENT TERMS
a) Fees. The Subscription Fees table below details the annual subscription fees for Avenu Products and
Services (the "Subscription Fees") for the Initial Subscription Term. After the completion of the Initial
Subscription Term, Subscription Fees for each Renewal Extension are subject to 5% annual escalation.
Subscription Fees will be invoiced up front and on a monthly basis throughout the Subscription Term,
beginning on the Initial Subscription Term start date and each month thereafter. Subscription Fees
are non-refundable.
Initial Subscription Term Year Annual Subscription Fee
Year 1 (June 24,2025,through June 23, 2026) $219,624.00 ($18,302.00 per month)
Year 2 (June 24, 2026,through June 23,2027) $230,605.20 ($19,217.10 per month)
Subscription Fees do not include fees for Professional Services. One-time fees for Professional Services
(including billing/payment schedule,if applicable) are detailed in Schedule A. Both the fees for
Professional Services and the Subscription Fees are considered"Fees".
b) Expenses.Client shall reimburse Avenu for travel,lodging,meal,and other expenses reasonably incurred
by Avenu in providing the Products and Services ("Expenses").If Avenu believes that travel is necessary
to provide the Products and Services, Avenu must obtain prior written approval from Client before
incurring any Expenses.
c) Taxes. "Taxes" means any sales, use, import/export, value add taxes, or other tax, tariff or similar
governmental or regulatory fees arising from this transaction or any of the Products or Services
(however designated and regardless of the jurisdiction that charges any of the foregoing). For the sake
of clarity,Taxes do not include any taxes based on Avenu's net income.The Parties understand and agree
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that while Avenu may be considered a limited agent of Client for the sole purpose of purchasing goods
or services on behalf of Client without payment of Taxes from which Client is exempt,in the event Avenu
is required to pay taxes by determination of a proper taxing authority having jurisdiction over the
Products or Services provided under this Agreement, Client agrees to reimburse Avenu for payment of
those Taxes,which,if applicable,will be itemized accordingly in the corresponding invoice(s).
Payment Terms. All Fees are listed on invoices as U.S.Dollars. Client shall make all payments of any type
of invoice from Avenu in U.S.Dollars. Avenu shall invoice Client for the Fees in accordance with the
frequency and payment terms set forth herein. Avenu shall invoice Client for all Expenses and Taxes after
the month they are incurred.Unless disputed in accordance with Section 3(e), Client shall pay all Fees and
Expenses and,if applicable,Taxes within 30 days of the applicable invoice date.
d) Fee Disputes and Late Payments. Subject to Client: (1) timely paying all amounts that are not in dispute;
and (2) notifying Avenu in writing with reasonable detail of the reasons for dispute prior to the due date
of the invoice; Client may withhold payment for an invoiced amount Client reasonably disputes in good
faith.The parties will promptly work together in good faith to resolve the dispute and,if Avenu is able to
provide written documentation that the disputed amount is proper,the dispute will be deemed resolved.
Upon resolution of the dispute, Client will pay any amounts owed within 15 days. Except for any amount
disputed in accordance with this Section,Avenu may charge Client for any late payment at the lesser rate
of 8%per annum (prorated as appropriate) or the maximum interest rate allowed by law.
e) Suspension. By sending Client reasonable advance written notice,Avenu may suspend providing any
Product or Service for Client's failure to timely pay any amount due that is not disputed in accordance
with Section 3(e).
4. PRODUCTS
a) Products. In exchange for Client paying all required Fees, Avenu grants Client a non-exclusive, non-
transferable right to use the following products in the United States ("Products"):
Product Description
RevQ Software Avenu's core software platform that includes the functionality described in
Schedule A and that permits automation and ongoing management of work flows,
permits management of accounts,and interfaces with Avenu's other Products to
allow data to transfer back and forth. As further described in Section 4(b).
Avenu Reports Tool A software report generating tool that users of the RevQ Software may use to
generate reports from Avenu's standard suite of productivity and management
Reports (including Image, PDF,text, HTML,CSV,XLXS,XLX,DOCX,RTF,and MHT
formats)and dashboards (including Image,Excel,and PDF formats).
Contact Management Avenu's hosted omnichannel contact management solutions using the RevQ
Solution standard features and interface under this Agreement. Date and results of the
contact management services are reported back to the Client's System of Record
via daily batch flat file. Functions and features are described below in Sections
4(e),4(f),and 4(g).
Client will not receive any administrative rights to the Contact Management
Solution.
b) RevQ Software and Avenu Reports Tool.Avenu provides the RevQ Software and Avenu Reports Tool to
Client in a hosted environment and Client has no right to possess a copy of or make any copies of the RevQ
Software or Avenu Reports Tool. Client will be able to access and use the RevQ Software and Avenu Reports
Tool on a concurrent user basis for the number of users identified below.The number of"Users" means the
maximum number of Client's concurrent users that may use the software at one time in all environments.
The RevQ Software may interface with Client's System of Record("SOR")as detailed in Schedule A.In addition,
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and as part of the use of the RevQ Software, Client may download as many copies as necessary of the thick
client software to allow RevQ Software users to access the RevQ Software. Avenu will not create or modify
any reports,unless specifically identified in the Custom Requirements section of Schedule A.
Product -
RevQ Software and Avenu Reports 15
c) [Reserved]
d) [Reserved]
e) Unattended Messaging. Client will initiate Unattended Messaging Campaigns through the RevQ Software.
An"Unattended Messaging Campaign(s)"means having the Contact Management Solution place automated
calls to deliver Client's approved prerecorded messages to a list of telephone numbers for individual accounts
provided by Client to Avenu through the RevQ Software.While Avenu may provide template scripts of messages
to use for the Unattended Messaging Campaigns, Client shall modify those or provide Client's own authored
scripts so that each script used meets Client's needs and complies with all applicable laws and provide written
approval of the script to Avenu. To start an Unattended Messaging Campaign, Client shall provide Client's
approved script to Avenu for recording. Client shall comply with the following restrictions for Client's
Unattended Messaging Campaigns:
Unattended Messaging CampaignLimitations
• Client may only makeup to 1 call per individual per week for up to 12 weeks.
• Client may only place calls between the hours of 9 a.m.and 8 p.m.in an individual's time zone.
• Client may only place calls to cell phone numbers where Client has obtained prior express consent to
call that number.
• Client may only place calls to telephone numbers in the 48 continental/contiguous states of the
United States.
f) Texting Services. Client will initiate the Texting Services through the RevQ Software. "Texting Services"
means having the Contact Management Solution place text messages to a list of cellular telephone numbers for
individual accounts provided by Client to Avenu through the RevQ Software.The Texting Services provide a short
message service ("SMS")that permits the use of Long Codes to facilitate texting of messages between a Client
and an individual based on a defined list of keywords and associated messages with those keywords. "Long
Code" means a dedicated 10-digit phone number for Client to which a consumer can direct text messages to
and from which an individual can receive a return text. Client acknowledges that Avenu may provide Client
with a defined set of keywords and a defined set of response templates associated with those keywords.Aside
from inserting Client's identification information where permitted, Client may not modify these defined
keywords and response templates and Client shall not send any other content through the Texting Services
other than the response templates. Client must provide contact information (including but not limited to
telephone number, email address, and website URL) for Consumer texting requests or Client's terms and
conditions of the Texting Services. While Avenu may provide template scripts of messages to use for the
Texting Services, Client shall modify those or provide Client's own authored scripts so that each script used
meets Client's needs and complies with all applicable laws and provide written approval of the script to Avenu.
Client shall comply with the following restrictions for the Texting Services:
Texting Services Limitations
• Client may only initiate up to 3 texts per individual per week.
• Client may only initiate texts between the hours of 9 a.m.and 8 p.m.in an individual's time zone.
• Client may only text to cell phone numbers in the 48 continental/contiguous states of the United
States
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g) Email. If Client may initiate email messages through the RevQ Software. While Avenu may provide
templates of email messages to use, Client shall modify those or provide Client's own authored templates so
that each template used meets Client's needs and complies with all applicable laws and provide written
approval of the template to Avenu. Client must have and configure its own email server in order to use this
functionality.
5. SERVICES.
a) Services. In exchange for Client paying all Fees, Avenu agrees to provide the following services in
association with Client's use of the Products ("Services") during the Term of this Agreement:
Service Description
"Avenu Correspond" Avenu contracts with a third party for(i) printing of letters; (ii) addressing
of letters with ZIP+4 and intelligent mail barcodes; (iii) conducting
national change of address searches; and (iv) mailing of letters.These
services are further described in Section 5
"Data Services" Avenu contracts with a third party to provide skip tracing services to help
determine valid addresses and phone numbers for individuals as further
described in Section 5(c).
"Support Services" Avenu provides support and maintenance services reasonably required for
the operation of the Products and the related letter,data,and hosting
services as further described in Section 5(d).
"Hosting Services" Avenu provides the hosting services reasonably required for the operation
of the hosted Products as further described in Section 5(e).
"Implementation Services" Avenu provides the implementation services as further described in Section
5 h and Schedule A.
b) Avenu Correspond.Avenu will have the letters printed on 24 pound, white wove 81/a x 11 cutsheet laser
paper stock and placed within a white wove #10 double window, inside tinted security envelope. Prior to
transmitting data to Avenu for the letter services, Client shall review, edit and approve in writing all letter
templates to be used for sending letters to individuals. Client will cooperate with Avenu in setting up and
testing the letter services and determining whether the letters are appropriately configured.Prior to utilizing
the letter service, Client will approve in writing the configuration of the letters. If any error caused by Avenu
or its letter vendor occurs prior to mailing of a letter, Client's exclusive remedy is for Avenu to reperform the
services and process the letters.Client shall comply with the following restrictions for the letter services:
Avenu CorreSDond Letter Service Lim A&
• Client may only send up to the number of letters per month as outlined in Schedule A.Should Client
exceed this amount in a given month,Avenu may invoice Client for each letter in excess at Avenu's
then current rates plus postage. Overage charges will be calculated based on the number of letters sent
beyond the monthly allowance and will be billed in arrears and on a monthly basis.As of the effective
date of this agreement,the typical charge per page over the monthly allowance is$0.90,this charge
may change during the term of the agreement.
• Client may only mail letters to addresses in the United States.
• Client is responsible for all return mail management
c) Data Services. Avenu may transmit limited Personal Information to Avenu's third-party data providers,
LocateSmarter,on Client's behalf for the purposes of obtaining addresses,telephone numbers,and screening
for telephone numbers identified as cellular telephones for Client's provided accounts. Client acknowledges
that the information that is returned comes from public resources and neither Avenu nor its third-party data
providers guarantees the accuracy of the information. Client is required to use these data services for as long
as Client uses either of the Avenu Correspond Service and Unattended Messaging Offering. To receive the data
services, Client may be required to enter into an end user license agreement with Avenu's third-party data
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provider in the form provided by the provider. If Client does not enter into any required agreement,Avenu
may not be able to provide those data services and the Avenu Correspond letter services and Unattended
Messaging Campaigns to Client under this Agreement.
Data Services Limitations
• Results from the third-party data providers will not be sent to Client's SOR.
d) Support Services. Subject to Client meeting those connection or hardware requirements set forth in
Schedule A(if any),Avenu shall provide the Support Services when Client reports any perceived problem with
the Products and the Related Services. "Related Services" means the Avenu Correspond letter services, the
Data Services and the Hosting Services. Support Services are described in Schedule C - Support Addendum.
Avenu may cease providing or providing support for a Product or Related Service by providing Client with at
least 12 months advance written notice. If a third-party provider ceases providing any third-party product or
services that Avenu includes in the Products and Services,Client acknowledges that Avenu may not be able to
provide 12 months advance written notice and, in such circumstances,Avenu will provide as much notice as
reasonably possible.
e) Hosting Services. Avenu may utilize one or more third-party hosting providers to provide the hosted
Products and Related Services and may change hosting providers by providing Client 30 days advance written
notice.Avenu uses reasonable efforts to make any of the hosted Products and Related Services available.Client
acknowledges that Avenu may make any of the hosted Products and Related Services unavailable during
Scheduled Downtime and for Emergency Maintenance. "Scheduled Downtime" means time required to
perform backup,maintenance and restore any of the hosted Products and Services that occurs during Avenu's
standard maintenance window as defined in Section 5(f) that Avenu maintains for the hosted Products and
Related Services or during additional downtime that is scheduled in advance by Avenu. "Emergency
Maintenance" means any corrective action intended to address hardware or software failures, viruses,
malware, worms, other disabling code, or other conditions likely to cause degradation or interruption, as
designated by Avenu in its reasonable discretion. In using the hosted Products and Related Services, Client
shall not: (a) forge authentication credentials, use the authentication credentials of another user or disclose
Client's authentication credentials to any third party; (b) damage,bypass,break,or otherwise circumvent any
of Avenu's security mechanisms; (c) use the hosted Products and Related Services: (i) to attempt to breach,
circumvent or hack a third party, (ii) to transmit viruses,malicious,harmful,or deleterious programs, (iii) to
launch or facilitate a denial of service attack, or (iv) in a manner that otherwise poses a security threat; (d)
probe,scan, or test the vulnerability of the hosted Products and Related Services or monitor data or traffic of
the hosted Products and Related Services without permission from Avenu; (e) reverse-engineer the hosted
Products or Related Services in order to find limitation,vulnerability or to evade,disable,or render inaccurate
accounting billing, capacity limitations, or other functions of the Products and Related Services; (0 use the
Products and Related Services to encourage, facilitate, engage in, or in connection with, abuse, harassment,
discrimination, fraudulent activities, deceptive practices or other harmful or malicious acts; or (g) use the
hosted Products or Related Services in a manner that would violate the Truth in Caller ID Act,the CAN SPAM
Act of 2003, the Telephone Consumer Protection Act, the Do-Not Call Implementation Act, or any other
applicable local, state, federal, or foreign law or regulation. If Client fails to comply with this Section, Avenu
may immediately suspend Client's use of any or all of the Products and Services until Client cures the violation
and exercise any other remedy available to Avenu under this Agreement or under the law.
f) Maintenance Window.Avenu hereby provides notice that Avenu currently has the following maintenance
window for the hosted Products and Related Services to use as needed without additional notice:
Type Day Time
Intrusive Changes Thursday&Saturday 10:OOpm(Wed./Fri.)to 06:OOam
(Thurs./Sat.) Eastern Time
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As used in this Section, "Intrusive Changes" means maintenance that will render the hosted Products and
Related Services unavailable and"Non-Intrusive Changes"means maintenance that is not intended to make
the hosted Products and Related Services unavailable.Client acknowledges thatAvenu performs Non-Intrusive
Changes as needed. Avenu may change or adopt additional maintenance windows by giving Client ten (10)
business days advance written notice;provided,that such maintenance windows do not occur during normal
business hours (8:00am to 5pm United States Eastern Time).
g) [Reserved]
h) Implementation Services. The parties shall cooperate with one another to implement the Products and
Services as further outlined in Schedule A. Client acknowledges that the implementation of the Products and
Services will not begin until Avenu assigns resources to begin the project, which Client understands may be
several weeks after the Effective Date. Once Avenu provides notice that Avenu is ready to begin the
implementation, the parties will schedule a project kick off meeting at a mutually agreed upon time to
establish project plan and specific project timelines.
6. EXCEEDING ANY RESTRICTION AND NEW PRODUCTS AND SERVICES.Avenu may make additional Products
and Services available to Client under this Agreement and the parties may work together to enter into any
amendment to this Agreement to address those new Products and Services, if Client chooses to do so. If Client
exceeds or otherwise violates any of the restrictions for the Products and Services set forth in this Agreement,
Avenu may suspend providing any or all of the Products and Services. If Client needs to adjust the restrictions or
needs additional capacity, Client may request Avenu to adjust the restrictions and capacity. Client acknowledges
that such adjustments will require an amendment to this Agreement and may require additional fees.
7. RESERVED.
8. ADMINISTRATION AND MANAGEMENT OF PRODUCTS AND SERVICES.Client acknowledges that Schedule
B further defines the duties of the parties in administrating the Products and Services.Avenu may update Schedule
B from time to time with written notice to Client.
9. CLIENT'S OBLIGATIONS.Client acknowledges that Client is responsible for the accuracy and integrity of the
information Client provides in Client's use of the Products and Services. Client is also responsible for adopting
procedures to identify and correct errors and omissions in such provided information. Client acknowledges that
Avenu does not review the content of any data, script or letter for content, accuracy,validity, or compliance and
Avenu is not responsible for errors caused by insufficient or inaccurate data. Client shall monitor the contents of
the messages being sent through the Unattended Messaging Campaigns and the content contained in letters sent
through the letter services. Client shall comply with and use the Products and Services in a manner that complies
with laws that apply to Client,which may include the Health Insurance Portability and Accountability Act,the Hi-
Tech Act, the Fair Debt Collection Practices Act, the Electronic Funds Transfer Act, the Telephone Consumer
Protection Act, and any other laws, regulations or requirements that apply to Client related to privacy,handling of
personally identifiable,health or financial information,the pursuit of collection of debts, and Client's operations
("Laws and Standards").While Avenu may provide template documents for Client to consider in Client's use of
the Products and Services, Client acknowledges that Avenu provides the templates "AS IS" and disclaims all
warranties related to those templates. Client further acknowledges that it has not retained Avenu to provide
guidance, advice, or counsel with respect to compliance with the Laws and Standards. Client has discussed with
its own legal counsel the applicability of the Law and Standards to Client and Client takes full responsibility and
assumes all risk and liability for Client's own compliance with the Laws and Standards and Client's use of the
Products and Services in compliance the Laws and Standards. Client will reimburse Avenu for any fines, legal
expenses, reasonable attorneys' fees, or out of out- of-pocket costs incurred by Avenu because of Client's failure
to comply with these Laws and Standards.
10.USE OF DATA.Client acknowledges that(a)Avenu provides Products and Services under this Agreement that
will utilize the data provided by Client to allow Client to obtain reports, automate workflows, generate
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communications with individuals,and to achieve other desired outcomes;and(b)Avenu collects statistical,system,
user experience and other data related to Client's use of the Products and Services for the purposes of. (i)
monitoring and improving the functionality of the Products and Services; and (ii) aggregating and using De-
Identified Data for Avenu's own purposes."De-Identified Data"means data that does not identify Client and does
not identify any individual,or identify any entity.Avenu shall only use De-Identified Data in a manner that complies
with applicable laws.
11.STORAGE.Client acknowledges that Avenu does not keep recordings of Unattended Messaging Campaign calls
to individuals. The RevQ Software updates the software's notes field regarding actions taken during Unattended
Messaging Campaigns, and Avenu Correspond,Texting Services, and Email transactions.To the extent the RevQ
Software retains PDF copies of letters sent through the letter services and the EPS stores personally identifiable
information of any individual that has an outstanding balance or that makes a payment through the EPS,Avenu
shall treat this information as Client's Confidential Information in accordance with this Agreement.
12.CONFIDENTIAL INFORMATION.
a) The party receiving information("Recipient")from the other party("Discloser")shall treat the Discloser's
information as confidential and proprietary ("Confidential Information") unless: (1) Recipient is able to
demonstrate that the information was known to Recipient prior to the disclosure; (2) Recipient is able to
demonstrate the information is part of the public domain; or(3) Recipient's personnel,without knowledge of
the Confidential Information,independently develops the information.Recipient shall: (1)protect the secrecy
of the Discloser's Confidential Information using the same degree of care it accords to its own confidential
information,which in no event, will be less than a reasonable degree of care; (2) not disclose the Discloser's
Confidential Information to anyone other than an employee, subcontractor, or agent that has: (i) a reason to
know the Confidential Information; (ii) been advised of the confidential nature of the information; and (iii)
confidentiality obligations that protect the information from further disclosure; and (3) not use the other
party's Confidential Information except to perform its obligations under this Agreement. Recipient may
disclose the Discloser's Confidential Information pursuant to a court order,as set forth in Section 12(b) or as
otherwise required by law, provided that, where legally permitted, Recipient first provides Discloser with
written notice and a reasonable opportunity to oppose that disclosure, and reasonably cooperates, at the
Discloser's cost,with Discloser to limit the disclosure to the extent permitted bylaw. Avenu acknowledges that
Client will provide Avenu with access to personal identifiable information that may include,but is not limited
to, Social Security numbers; bank account, credit card, and debit card numbers; victim identification; and
additional protected information pursuant to court order or law("Personal Information") and the Personal
Information is considered Client's Confidential Information.
b) Avenu acknowledges that Client is subject to one or more public record/open door act which generally
provides that unless exempted under the applicable act, all records relating to a public agency's business
constitute "public records or files" and are open to public inspection, disclosure and copying in the manner
provided by the applicable public record/open door act.Accordingly,Client will not breach or be considered
in violation of this Section if Client needs to disclose Avenu's Confidential Information to respond to a valid
request made under such an act.If Client receives a request under an applicable public records/open door act
that requires the disclosure of Avenu's Confidential Information,Client will notify Avenu of the request of the
information.If Avenu desires to object,Avenue is solely responsible,at its sole expense,to seek to protect the
information from disclosure in a court of competent jurisdiction.
c) During the normal course of its dealings under this Agreement,Avenu's personnel will perform services to
the Client.As with any person performing their job responsibilities,Avenu's personnel will learn to be more
efficient and better at their jobs through learning new ideas,know-how,methods,techniques,processes and
skills in providing the Products and Services ("Residuals").Avenu may use, disclose, and otherwise employ
such Residuals in its business (including, but not limited to, providing services or creating similar
programming or materials for other customers) without violating this Section. For example, if another
customer requests Avenu to implement a similar process to what the Client is using, Avenu may do so and
may use the Residuals to provide those similar services to that other customer. The Client shall not assert
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against Avenu any prohibition or restraint from using the Residuals as outlined in this Section.For the sake of
clarity, Residuals does not include Personal Information and Avenu may only use Personal Information as set
forth in this Agreement.
13.PRESS RELEASE AND USE OF NAMES. Client grants Avenu the right to issue a press release related to the
parties entering into this Agreement and the Products and Services being provided by Avenu to Client. Prior to
issuing the press release Avenu will obtain Client's prior approval of the contents of the press release,which Client
will not unreasonably withhold or delayed. Neither party shall use the other party's name or trademark without
the express written permission of the other party.Notwithstanding the forgoing sentence,Avenu may use Client's
name or logo for the sole purpose of identifying Client as a customer in marketing materials,press releases,sales
presentations and websites.
14.PROPRIETARY RIGHTS. Avenu retains sole and exclusive ownership of all right, title and interest in the
Products and Solutions, any modifications thereto, and any related information, documentation or deliverables
Avenu provides to Client under this Agreement.To the extent necessary to verify this ownership, Client agrees to
and hereby does assign to Avenu all copyrights,patent rights,title,and all other proprietary rights to the Products
and Services, any modifications thereto, and any related information, documentation or deliverables Avenu
provides under this Agreement.Client shall not alter,modify,adapt,translate,copy(except as expressly permitted
in this Agreement), reverse engineer, decompile, disassemble, or create any derivative works of the Products or
Related Services.Client shall not remove,modify or obscure any copyright,trademark or other proprietary rights
notices that are contained in/on the Products and Services or any related information, documentation, or
deliverables.Client shall not attempt to or circumvent any user limits,license keys,or other license,timing or use
restriction built into the Products or Services.
15. [RESERVED]
16.AVENU'S SECURITY PRACTICES.Avenu shall maintain an information security program that is certified with
PCI-DSS and ISO 27001. If Avenu fails to comply with the foregoing obligations, Avenu will have a reasonable
period to cure any such failure upon receiving written notice by Client. If either of these standards cease to exist
or if Avenu reasonably determines Avenu needs to replace a standard, Avenu will notify Client in writing of the
change and how such change impacts Avenu's information security program. Avenu will report to Client any
confirmed security breach or unauthorized access affecting Personal Information of which Avenu or any of the
third-party hosting providers detects or becomes aware.Avenu will use diligent and reasonable efforts to remedy
any breach of security or unauthorized access related to Avenu's facilities,systems,and the hosting environments.
Client will cooperate with Avenu in such efforts.Avenu may suspend Client's access to the Products and Services
in the event of a suspected or actual security breach without any liability to Client. Client understands that no
safeguards, procedures or process will guarantee the security of Personal Information and Avenu does not have
any responsibility related to who Client provides access to the Personal Information or the Products and Services.
Clients shall control all access to the Products and Services that Client grants to Client's users, including
administering and maintaining the confidentiality of all user accounts and passwords. Accordingly,AVENU OR THE
SUBSIDIARY IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY
CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCURRED BY
CLIENT IN CONNECTION WITH ANY UNAUTHORIZED ACCESS RESULTING: (I) FROM THE ACTIONS OF CLIENT,
OR (II) FROM THE ACTIONS OF ANY THIRD PARTY OTHER THAN AVENU'S SUBSIDIARY, SUBCONTRACTOR OR
THIRD-PARTY HOSTING PROVIDERS.
17.AUDITS.
a) Upon Client's request or submission of a questionnaire related to any of Avenu's security, privacy, or
compliance practices, Avenu will provide Avenu's standard packet of information at no additional cost to
Client. If Client requires that Avenu fills out Client's specific questionnaires, information requests or similar
documents instead of accepting this standard packet of information,Client will compensate Avenu for the time
in fulfilling such requests at a minimum fee of$500 and a maximum fee of$3,000 based on the number of
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hours spent in fulfilling such request. By providing Avenu with at least 10 business days advance written
notice, Client may conduct an audit of Avenu's compliance with this Agreement once during any twelve (12)
month period. Client will perform the audit at Client's own expense,at a mutually agreeable date,at Avenu's
site, during normal business hours and in conformance with generally accepted auditing standards. Client
acknowledges that Client will only receive access to those areas of Avenu's systems,areas of the facility,and
documents and information relevant to this Agreement and for the agreed to audit scope. Client shall have
Client's personnel/representatives performing the audit execute any confidentiality agreement reasonably
deemed necessary by Avenu.Client shall ensure Client's personnel/representatives also complywith Avenu's
supervision,policies and procedures while on Avenu's site and do not remove any information from Avenu's
site without Avenu's express written permission. In performing the audit, Client shall take all reasonable
steps to minimize disruption to Avenu's business.
b) Because the compensation to be paid by Client under this Agreement exceeds $10,000,Avenu is subject
to the examination and audit of the California State Auditor, as provided in California Government Code
section 8546.7, for a period of three years after final payment under this Agreement. This section survives
the termination of this Agreement.
18.WARRANTY DISCLAIMER. Client acknowledges for interruptions to or defects or errors with the Products
or Related Services that occur during the Term,Avenu will provide the Support Services to resolve or mitigate the
interruption, defect or error. Accordingly, with regard to the Products and Services, AVENU DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF
TITLE,WARRANTY OF NONINFRINGEMENT,WARRANTY OF COMPLIANCE WITH LAWS,AND ANY ALL OTHER
WARRANTIES (EXPRESS OR IMPLIED OR THAT COULD BE DEEMED TO HAVE ARISEN FROM ANY COURSE OF
PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE). Avenu does not warrant that the Products and
Services will be uninterrupted,without defect, or error free.
19.DEFENSE OF THIRD-PARTY CLAIM. Avenu will defend and indemnify Client against any third-party claims
resulting from: (a)Avenu's violation of any Federal,state or local law,rule or regulation that is applicable to Avenu;
and (b) the RevQ Software, Contact Management Solutions, Avenu Reports Tool, or the EPS infringing or
misappropriating a third party's U.S.patent rights,copyrights,trademark rights,trade secret rights, or any other
intellectual property rights of such third party.Section 19(b)does not apply to any claim that results or arises from
any combination of these Products with any other software, hardware or technology not provided by Avenu, to
the extent such claim would not have arisen but for such combination. Further, if a claim arises under Section
19(b) or Avenu suspects such a claim will arise,Avenu may: (i) modify the Product in a manner that causes the
Product to not infringe, misappropriate or otherwise violate such third party's rights; (ii) obtain the right for
Client to continue to use the Product as provided under this Agreement; or (iii) if the foregoing steps in (i) or (ii)
are not reasonably possible or practicable, promptly terminate this Agreement upon providing notice to Client.
To exercise Client's rights under this Section, Client shall (x) provide prompt notice of the claim and request that
Avenu defend the claim;(y)provide all reasonable requested information and cooperation in defending against the
claim; and (z) give Avenu sole control of the defense or settlement of the claim,at Avenu's sole expense. If Avenu
fails to timely undertake the defense of a claim under this Section that Avenu is obligated to defend, Client may
undertake the defense or settlement of the claim itself and obtain reimbursement from Avenu for Client's
reasonable attorneys' fees, reasonable expenses, and any damages Client incurs as result of an adverse ruling.
Client acknowledges and agrees that this Section sets forth Client's sole and exclusive remedies as it relates to any
claim that arises from or relates to the infringement,misappropriation or violation of proprietary rights by Avenu
or the Products.
20.LIABILITY. CLIENT HEREBY AGREES THAT AVENU'S LIABILITY IN THE AGGREGATE TO CLIENT FOR ANY
CAUSES OF ACTION, CLAIMS, OR ASSERTIONS ARISING UNDER THIS AGREEMENT,REGARDLESS OF THE FORM
OF ACTION (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY
OR OTHERWISE), IS LIMITED TO THE GREATER OF $250,000 OR THE PAYMENT SERVICE FEES COLLECTED BY
AVENU THE 12 MONTHS PRIOR TO THE DATE THE CLAIM IS MADE. IN NO EVENT WILL AVENU OR THE
SUBSIDIARY BE LIABLE TO CLIENT FOR LOSS OF DATA, LOST PROFITS, OR BE LIABLE FOR ANY INDIRECT,
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INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE,
EVEN IF AVENU OR THE SUBSIDIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.INSURANCE. During the Term, Avenu shall obtain and maintain insurance of the following types (or an
equivalent policy type) and amounts: (a) commercial general liability (CGL) with a limit of not less than
$2,000,000 each occurrence; (b) automobile liability with a limit of not less than $1,000,000 each accident; (c)
workers'compensation and employers'liability insurance in accordance with each state law; and (d) technology
errors and omissions insurance policy with a privacy endorsement or an equivalent policy with limits of liability
in the minimum amount of$5,000,000 in the aggregate. All insurance required hereunder shall be written by
companies having an A.M. Best rating of"A-" or better, or equivalent. Within a reasonable time after Client's
request,Avenu shall furnish a certificate(s) of insurance verifying coverage for insurance as indicated above to
Client.
22.TERMINATION.
a) For Breach. If either party breaches a material provision under this Agreement the other party may
terminate this Agreement by providing the breaching party with a written notice describing the breach.Upon
receipt of that notice, the breaching party will have a period of 60 days (or another timeframe that may be
mutually agreed to by the parties) to cure the breach and if the breaching party fails to do so within the cure
period,this Agreement will automatically terminate at the end of the cure period.
b) For Non-Allocation of Funds. Continued performance of the Services contemplated by this Agreement is
contingent on the approval of funds by the appropriating government agency. If sufficient funds are not
allocated, then Client may, upon advance written notice to Avenu at least thirty (30) days' prior to the
expiration of the then current Term year: (i) modify the Services provided by Avenu under this Agreement;
or(ii)terminate this Agreement. Client's Auditor-Controller/Treasurer-Tax Collector is authorized to issue a
notice of termination under this paragraph.
Termination of this Agreement for any reason will not affect any liabilities or obligations of either party
arising before termination or out of events causing termination and will not affect any damages or other
remedies to which a party may be entitled under this Agreement,at law or in equity,arising from any breach
or default.
23.EFFECT OF TERMINATION. Within 90 days of termination or expiration of this Agreement, Recipient will
destroy and purge from its computer systems the Discloser's Confidential Information (including all copies,
excerpts and summaries thereof), except to the extent such Confidential Information is stored pursuant to the
Recipient's standard back-up procedures or retained to meet Recipient's legal or regulatory requirements or
internal audit, document retention and/ or internal compliance requirements. In cases where any of the
Discloser's Confidential Information is retained as permitted in this Section,the Recipient will continue to abide
by this Section until the Recipient ceases retaining such Confidential Information. Recipient shall destroy and
purge such Confidential Information within the normal timeframe for deleting and purging such data.As it relates
to Avenu hosting any of the Client's data or Personal Information,Avenu will,upon the Client's request,(a) return
that data stored in the RevQ Software in a reasonable and mutually agreed to format to the Client provided the
Client requests that return of that hosted data within 30 days of the termination of this Agreement;and(b) purge
any Personal Information from the EPS within 90 days of the termination of this Agreement with the
understanding that Avenu retains transaction records as required by applicable law. If the Client requires any
assistance in converting or exporting any data to another system, the Client will need to agree to a statement of
work with Avenu that sets forth the agreed to scope of those services and the agreed to fees.Upon request by the
disclosing party, the receiving party will certify in writing that the receiving party has complied with its
obligations under this Section.
24.ASSIGNMENT. Avenu may utilize subcontractors to provide the Products and Services. In all other
circumstances, neither party shall assign any of its rights under this Agreement, or delegate the performance of
any of its duties hereunder,without the prior written consent of the other party
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25.FORCE MAJEURE. Neither party shall be liable for failure or delay in performance of its obligations under
this Agreement when such failure or delay is caused by acts of God, flood, hurricane, extreme weather, fire or
other natural calamity, acts of governmental agencies, internet provider network unavailability/outages, or
similar causes beyond the reasonable control of such party.("Force Majeure Events"). If due to any Force Majeure
Events either party shall be unable to perform any obligation when due,such party shall promptly notify the other
party of such inability and of the period over which such inability is expected to continue. Affected obligations of
the parties shall be temporarily suspended during the period of the Force Majeure Event and the time for
performance under this Agreement shall,as applicable,be extended by the duration of any such period;provided,
however,that if the delay continues for a period of 30 days or more, either party may terminate this Agreement
by written notice to the other.
26.SURVIVAL. Sections 12, 14, 17, 18, 19, 20, 23, 26, 27,and 29-32 shall survive the expiration of this
Agreement.
27. [RESERVED]
28. [RESERVED]
29.NON-SOLICITATION.Client acknowledges that Avenu has a protectible business interest in the stability of its
workforce,Avenu incurs substantial costs and expenses in recruiting and training its personnel,and that it would
be difficult,if not impossible,to calculate damages related to the breach of Client's obligations under this Section.
During the Subscription Term and one year thereafter, Client shall not itself or have someone on Client's behalf
solicit for employment any of Avenu's personnel who (1)performed any service to Client,(2)would occupy a role
with Client that would alleviate the need for Avenu to provide services to Client; (3) performed any customer
service duty or relationship management for Client, or (4) who occupied an executive role with Avenu. In the
event Client breaches this Section and in addition to any other remedy available to Avenu,Avenu has a right to
injunctive relief and upon Avenu written demand, Client shall pay to Avenu 150% of the annual salary paid by
Avenu to the employee at the time of the demand. Client acknowledges that these damages are not an unlawful
penalty and are not unreasonable.
30.GOVERNMENT SALES. This Section applies to all acquisitions of the Products and Services (collectively or
individually for the purposes of this Section,the"Government Acquired Products")by or for the government of
the United States of America or other government entity (the "Government"), or by any prime contractor or
subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the
Government. By accepting delivery of the Government Acquired Products, Client hereby acknowledges that (a)
the Products and Services have been developed exclusively at private expenses, (b) the Products and Related
Services commercial software and the associated documentation is commercial software documentation within
the meaning of the acquisition regulation(s) applicable to this procurement, (c) the terms and conditions of this
Agreement govern the Client's use and disclosure of the Government Acquired Products,and shall supersede any
conflicting contractual terms or conditions, and (d)this Agreement meets the Government's/Client's needs or is
consistent in all respect with United States law.
31.EXPORT CONTROL. Client shall not export or re-export or allow anyone to access or use the Products or
Related Services outside of the United States without the prior written authorization of Avenu.If approved,Client
must comply fully with all relevant export laws and regulations of the United States and other applicable export
and import laws to ensure that neither the Products or Related Services are exported, directly or indirectly, in
violation of applicable laws.
32.GENERAL.Avenu is an independent contractor. Except for the engagement of Avenu for the explicit purposes
set forth in this Agreement,the parties are not entering into any employer-employee arrangement,partnership,
joint venture, or similar relationship of any kind whatsoever. This Agreement is the exclusive statement of the
parties'agreement and supersedes all proposals, prior agreements, and other communications (oral or written)
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between the parties relating to the subject matter of this agreement. To be effective, any modification to this
Agreement needs to be in writing and signed by both parties. A waiver by either party of or a party's delay
exercising its rights under this Agreement does not constitute a waiver of any other provision,breach or default.
If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will remain
in effect. The parties agree that a scanned file of a party's signature transmitted via email by the signing party to
the other party shall be considered a binding,original signature of the signing party.
33.Notices.
a) Contact Information.The Persons and their addresses having authority to give and receive notices provided
or permitted under this Agreement include the following:
• For Client: Tax Collections Division Chief,County of Fresno,P.O.Box 226 Fresno,California,93708-0226,
acttcrcuwebmail@fresnocountyca.gov
• For Avenu:Avenu Insights and Analytics,LLC,Attn: Contracts Department 5860 Trinity Parkway, Suite
120, Centreville,Virginia 20120, Email: contracts Pavenuinsights.com cc:
Justin.Norton@avenuinsights.com
b) Change of Contact Information.Either party may change the information in section 33.a)by giving notice as
provided in section 33.c).
c) Method of Delivery. Each notice between Client and Avenu provided for or permitted under this Agreement
must be in writing,state that it is a notice provided under this Agreement,and be delivered either by personal
service,by first-class United States mail,by an overnight commercial courier service,or by Portable Document
Format (PDF) document attached to an email.
• A notice delivered by personal service is effective upon service to the recipient.
• A notice delivered by first-class United States mail is effective three Client business days after deposit in
the United States mail,postage prepaid,addressed to the recipient.
• A notice delivered by an overnight commercial courier service is effective one Client business day after
deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions
given for next day delivery,addressed to the recipient.
• A notice delivered by PDF document attached to an email is effective when transmission to the recipient
is completed (but, if such transmission is completed outside of Client business hours, then such delivery
is deemed to be effective at the next beginning of a Client business day), provided that the sender
maintains a machine record of the completed transmission.
d) Claims Presentation. For all claims arising from or related to this Agreement, nothing in this Agreement
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including the California Government Claims Act (Division 3.6 of Title 1 of the California Government Code,
beginning with section 810).
34.Disclosure of Self-Dealing Transactions. If any member of Avenu or of its board of directors, as applicable, is
party to a self-dealing transaction, they shall disclose the transaction by completing and signing a "Self-Dealing
Transaction Disclosure Form" (Schedule D to this Agreement) and submitting it to Client before commencing the
transaction or immediately after. "Self-dealing transaction"means a transaction to which Avenu is a party and in
which one or more of its members, or members of its board of Directors, as applicable, as an individual, has a
material financial interest.
35.Governing Law.The laws of the State of California govern all matters arising from or related to this Agreement.
36.Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California.Avenu consents
to California jurisdiction for actions arising from or related to this Agreement, and, subject to the California
Government Claims Act,all such actions must be brought and maintained in Fresno County, California.
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37.Construction. The final form of this Agreement is the result of the parties' combined efforts. If anything in this
Agreement is found by a court of competent jurisdiction to be ambiguous,that ambiguity shall not be resolved by
construing the terms of this Agreement against either party.
38.Days.Unless otherwise specified,"days"means calendar days.
39.Headings. The headings and section titles in this Agreement are for convenience only and are not part of this
Agreement.
40.Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or
otherwise unenforceable,the balance of this Agreement remains in effect,and the parties shall make best efforts
to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to
accomplish the parties'original intent.
41.Nondiscrimination.During the performance of this Agreement,Avenu shall not unlawfully discriminate against
any employee or applicant for employment, or recipient of services, because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital
status,sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status
pursuant to all applicable State of California and federal statutes and regulation.
42.No Waiver. Payment,waiver,or discharge by Client of any liability or obligation of Avenu under this Agreement
on any one or more occasions is not a waiver of performance of any continuing or other obligation of Avenue and
does not prohibit enforcement by Client of any obligation on any other occasion.
43.No Third-Party Beneficiaries.This Agreement does not and is not intended to create any rights or obligations
for any person or entity except for the parties.
The partes accept and agree to the terms and conditions set forth herein and have caused this Agreement to be
executed by their respective authorized representatives:
County of Fresno Avenu Insights and Analytics,LLC
Signatur Signature:
Printed Name: Ernest Bud Mendes Printed Name:Paul Colangelo
Title:Chairman of the Board of Supervisors of Title: CEO
the County of Fresno
Date: Gint-m Dati6/16/2025
Attest:
Bernice E.Seidel
Clerk of the Board of Supervisors
County of Fresno,State of California
By:�t ,��.,�t,�:.-- V�t y+h- Deputy
For Accounting Use Only COF:
ORG No.: 04101100
Account No.:7288/7268/7265 Page 13 of 37
Fund No.:0001
Subclass No.:10000
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Schedule1 Products and Services-Statement of i
Implementation Statement of Work
Avenu and the County of Fresno ("Client") enter in this Statement of Work(the"Statement of Work"
or "SOW") as part of the Software Subscription Agreement - RevQ Product and Services
("Agreement").This SOW incorporates the provisions set forth in the Agreement and unless explicitly
defined in this SOW,all capitalized terms shall have the same meaning set forth in the Agreement. In
the event that any provisions in this SOW conflict with any provisions of the Agreement,or any other
document, the provisions of this SOW shall prevail solely with respect to the Professional Services
covered by this Statement of Work.
Avenu will implement RevQ including the following subscription services:
Monthly Unattended Messaging Limit
5000 completed calls
Monthly OujL�&Me�ssaging Limit
5000 text messages
500 Responses
-spond Letter Limit
10,000 letters
One Time Professional Services Hours
1560 hours
One Time Workflow Setup k Training Hours
100 hours
One Time California Modules
Restitution, i COD,Tax Intercept, 11
,Archive)
50 hours
A.Solution Features
This table describes the standard RevQ solution features and functionality that are in scope for this
implementation. Avenu will provide all services described in the"In Scope"column.Anything that is
not included in the "In Scope"column is considered out of scope, even if it is not listed in the "Out of
Scope"column.The phrase"Standard functionality"indicates that the application will not be changed
or customized be and its existing user interface UI and user ex erience UX design.
Area In Scope Out of Scope
RevQ Application . One Production Environment for business • N/A
operation of the RevQ Application
• One Test Environment for testing changes
to the RevQ Application
Revenue Plus • Current Client Licenses to RPCS/CUBS • N/A
Collector System will remain active until RevQ+is live on
("RPCS")/Columbia Production.
Ultimate Business . Notwithstanding anything to the
System("CUBS") contrary in this in SOW,once RevQ+
is live in Production environment,
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Area In Scope Out of Scope
Client's access to RPCS/CUBS
software and modules will be turned
off.
• There will be no additional charge to
the Client for any general support or
subscription of RPCS/CUBS,once
there is a signed agreement for
Rev +is in place.
Payment Processing • N/A • Integration of current payment
processor to RevQ.
• Call Center Payments/Use of Virtual
Terminal for Call Center
• Real-time integration of Cite Pay portal
and terminals with RevQ
• IVR(Interactive Voice Response)
Payment Processing
• Integration of CitePay to RevQ for
online and in-person POS payments.
Outbound • Unattended phone messages • Letter layout customizations that do
Communication • Note:Letter of Authorization may need to not adhere to the standard RevQ letter
be signed prior to configuring Unattended layouts.
Messages • Live/attended phone calls
• Avenu Correspond for Letters(Letters
printed and sent by hard copy via mail)
• Standard RevQ letter layouts are available
to create multiple letter templates.Client
letter templates must adhere to the
standard RevQ letter layouts.
• Letters can be emailed.For this
communication,the contents of a letter go
into the body of an email.
• Text Messaging
Inbound • N/A • Answering inbound Calls
Communication • Answering inbound Emails
Skip Tracing • LocateSmarter • Daily batch retrieval of valid phone
numbers and addresses via a
contracted service other than
LocateSmarter
• Loading of skip tracing results into
outside system
Payment Plans • Client users may create payment plans • Integration with outside systems using
directly through RevQ user interface as standard import and export formats.
needed Specific interface information is noted
in section B.
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Area In Scope Out of Scope
Workflow • Client users may set up automated • Including additional data elements that
generation of daily batch processes for are not available in the standard
criteria that Client defines for unattended workflow interface
dialing and letter sending
• Any user-driven workflows in the RevQ
standard workflow user interface.
• Creation of worklists or employee Work
in Progress(WIP)list
• Updates of demographic information
directly in RevQ user interface.
• Victim Restitution functionality
User Interface • RevQ includes standard user interface • All customization outside of the
Configuration configuration options standard user interface configuration
options
Outside Collection • Integration with OCA using standard • N/A
Agencies(OCA) import and export formats. Specific
interface information is noted in section
B.
Third-Party Vendors • Franchise Tax Board Court Ordered Debt • Direct integration with any other third-
party vendors
Reports • Standard reports,in PDF and Excel • Changes to existing reports,such as
format,available for self-service by users changing field names or adding
through RevQ and Avenu Analytics user columns
interfaces • All custom report development will not
• Ability for Client to create their own be completed by Avenu.
report definitions/criteria using Avenu
Analytics
Scheduled Jobs and • Standard RevQ scheduling utility is a • Connection to third party schedulers
Events feature within RevQ that can be installed
by client to manage imports,exports,and
letters in RevQ
Credit Reporting • N/A • Reporting out to any bureaus
Victim Restitution • Victim Restitution Disbursement RevQ: • Victim Restitution Disbursement:
standard functionality for Victim Printing of Checks
Restitution module.Ability to export
disbursements to be sent
• Victim Restitution Module: RevQ standard
functionality for Victim in Restitution for
viewing and data entry
B.Interfaces (Outside Systems and Files)
An interface is custom programming,configuration, or integration work needed to allow RevQ+to
exchange information with the Client's existing software or database.Client may create and
implement these interfaces.Client must provide all programming for creation and implementation
of interfaces.Avenu will not provide programming services for creation or implementation of
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interfaces but shall provide 30 hours of support and coaching on RevQ+ data and programming
options.
The table below is the list of Client systems that will need interfaces with RevQ+. If Client needs to
build additional interfaces, Client may do so with or without the assistance of Avenu.
In the table below,the column V Instances" refers to the number of separate data files or instances
of transfers that need to occur to make that interface successful. For instance,in "Client HS,"this
interface refers to 2 separate files,both containing account and payment information,which will be
automatically transmitted(imported into the Rev apolication,thus being fully automated.
System Name # Instances Interface Type Import Export
(Files from Outside (Files from RevQ to
System to RevQ:total#of each) Outside System;total
#of each
Client HS 2 Account&Payments 2: DFM-Accounts & N/A
Payments
Client EH 2 Account&Payments 2: DFM-Accounts & N/A
Payments
Client UN 2 Account&Payments 2: Custom Program &txt.- N/A
Accounts&Payments
Matrix C 2 Accounts& 2:txt. &csv-Accounts & N/A
Payments Payments
C.Comparison of RevQ Modules against current Client RPCS Modules
This table defines the in-scope RevQ modules for implementation under this Agreement.This table
also provides an understanding of where current RPCS business objectives can be accomplished in
the RevQ system,however:
1. Only RevQ Standard Functionality and configuration options are in scope. No custom
platform development or scripting is in scope under this Agreement,unless noted
otherwise in the custom platform development scope in section G of this Schedule A,below.
As a result:
a. Customizations included in the RPCS modules are not in scope unless noted
otherwise in the custom platform development scope in section G of this Schedule A,
below.
b. While the business objectives accomplished in RPCS can also be accomplished in
RevQ,some client procedure changes may be required to complete the same
objectives.
2. Provisions for the migration of the data supporting each module are in section D of this
Schedule A,below.
RPCS Modules RevQ Modules
The Account Distribution/Payment Providing the application of payments based
Proration Module provides for the on priorities or criteria that are predefined by
application of payments received based on the Client is part of the Standard
priorities or criteria that are predefined by Functionality of RevQ.
the Client.
The California EDD Module enables Client to The EDD Module enables the Client to handle
handle employment disability accounts. employment disability accounts.
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RPCS Modules RevQ Modules
"EDW means Employment Development
Division.
The California FTB/COD Module enables The Standard FTB/COD Data exchange
Client to process accounts tied to probation, RevQ Module enables the Client to process
courts,or district attorney-related debts. accounts tied to probation, courts, or district
"FTB"means Franchise Tax Board."COD" attorney-related debts.This module cannot
means court-ordered debt. be customized.
The California Tax Intercept Module The Standard Tax Intercept FTB&CDSS
enables Client to intercept non-COD debts, Module enables Client to intercept non-COD
including but not limited to unsecured debts,including but not limited to unsecured
property taxes or other Client department property taxes or other Client department
debts,and includes data exchanges with both debts,and includes data exchanges with both
the FTB and the California Department of the FTB and the CDSS. Client is choosing only
Social Services ("CDSS"). the Standard Tax Intercept FTB.
If implementation is not completed to go live
by January 1, 2026,then the Tax intercept
updates cannot be completed until January 1,
2027. Customizations and migrations outside
of the standard module are not included.
The Victim Restitution Module enables The Victim Restitution Module enables
Client to link debts and criminal code sections Client to link debts and criminal code sections
to accounts that are flagged for victim to accounts that are flagged for victim
restitution. restitution. The balance forward and notes
can be migrated directly into RevQ,but
detailed victim transactions will be migrated
as a PDF for review.The original opening
balance for each account,as well as the
remaining balance,will be migrated.
The Client View/Ecliptics functionality The Client View/Ecliptics functionality
allows Client's users to view all debt accounts allows Client's users to view all debt accounts
associated with a single debtor or group of associated with a single debtor or group of
parties jointly and severally liable. parties jointly and severally liable.
The CU/Converse Dialer functionality The Outbound Unattended Messaging
provides for unattended phone and text functionality provides for unattended phone
message outreach. and text message outreach,including
automated outreach,but does not include a
standard phone dialer system or an
Interactive Voice Response (IVR) dialer.
CU•Archive functionality allows for archiving The Archive Module allows for archiving of
of accounts,such as those paid in full or no accounts,such as those paid in full or no
longer active. longer active.Accounts will be appropriately
flagged and stored based on status.
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RPCS Modules RevQ Modules
CDSS functionality enables Client to handle This functionality is not available and will not
debts related to CDSS. be provided in RevQ.
D.Data Migration
The following table sets forth the specifications of the RevQ implementation.
In Scope Out of Scope
Base Migration Services Base Migration Services
• 1 Test Migration,1 Live Migration • Additional Test Migrations beyond what is
• The parties anticipate that the fewer than noted as in scope are out of scope.
approximately 20K accounts will need to be • Assistance with data cleanup(such as Name
migrated,but more accounts can be migrated cleanups)
depending on the consistency and cleanliness of . Translations for fields not specifically listed in
data as determined during the performance of scope.
the migration services. • RPCS data tables not specifically listed in scope
• The migration shall include all active accounts, for migration include:
plus all inactive accounts closed less than one o PAYPLAN historical data(past
year before the Effective Date of this Agreement. payments)
• RPCS data to be migrated includes: o JUDGMENTS(complexity of judgments and
o DEBTOR record to RevQ Debtors and RevQ line items adds to scope of analysis,line
Accounts item mapping,and migration so isn't
o FISCAL fields to RevQ Account Custom included in the base migration,but can be
Fields,Debtor Contacts,Employers,and an add-on if desired)
Banks o Legal libraries associated with FISCAL
o MEMO transactions to RevQ financial fields
transactions including FAC-CHG-ADJ to o File attachments(this is an add-on from the
RevQ financial transactions base migration if needed)
o MEMO to RevQ Account Notes o Victim Transaction History
o RP-PACKET secondary debtors to RevQ • Custom parsing of notes or other data sources
additional debtors for particular data elements not in the base
o PAYPLAN terms to setup new RevQ migration.
Payment Plans starting at the first unpaid • Archive account migration
payment as of the migration date. • Migration into other RevQ modules not
o FTBCOD account state to RevQ FTBCOD specifically identified as in scope(such as CDSS,
account state etc.)
o Victim Balances . RevQ application configuration to match
o Victim Notes translation tables.
• If,in RPCS,a comma does not exist in Name1,or . Changes to translation tables or data byAvenu
if key words exist in Name1 from a configurable team after live migration.
list of words (such as LLC,INCORPORATED,etc.), . Accounts closed for more than a year before the
then the name will be classified as a Company in Effective Date of this Agreement.
RevQ.
• Translation tables of configured RPCS elements
to RevQ values,as defined by Client with
guidance and assistance from Avenu,analysis
and migration configuration,as follows:
o RPCS Client to RevQ Account Type
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In Scope Out of Scope
o RPCS account status codes to RevQ Account
&Debtor status codes
o RPCS Amount"buckets"to RevQ line item
codes
o RPCS account facility codes for amounts to
RevQ line item codes
o RPCS Custom DEBTOR&FISCAL fields to
RevQ Custom fields
o RPCS Transaction codes to RevQ Payment
Types or Adjustment Reasons
o RPCS Next Step to RevQ Next Step Code
o RPCS Desk to RevQ Bin
o RPCS user initials to Person's Name for
RevQ Notes and Financial Transactions
o Default RevQ phone and address field
settings that aren't in RPCS(such as source
and consent for texting and unattended
messaging)
• Translation tables will be used to align RPCS
elements with RevQ's structure.
• Migration debtor matching is based on standard
criteria for common sets of demographic and
Social Security number(SSN)matching. Some
analysis by Client and Avenu,simultaneously
and coding changes by Avenu may be required
based on simple variations or needs.
o For example,currently the RPCS packet
number is not part of the debtor matching
criteria,in case multiple people in the same
household are part of the same RPCS packet.
Debtor matching criteria could be changed
to incorporate the packet number.
• Avenu Project Manager & Avenu Consultant
regular meeting attendance. During meeting,if
there is a need for other technical experts or
specialists needed to discuss the project, they
will also attend the meeting
• Avenu shall conduct a data profile analysis after
the test migration to identify data points that
need to be cleaned up by Client and shall
provide the data profile analysis to Client. The
data will be broken out by category in the
translation process from RPCS to RevQ.The data
profile analysis will be provided in a digestible
format such as Excel or CSV.
• Client will set up the RevQ application with
guidance and support from the Avenu team.
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In Scope Out of Scope
• For purposes of these services,"migration"
means moving data from one place to another,
and"translation"means mapping data from one
place to another.
• Additional Migration Services • Additional Migration Services
• Avenu shall provide up to 280 hours of • Migration into other RevQ modules not
additional effort on minor items that would have specifically called out in the in scope section
been out of scope for Base Migration Services, (such as Tax Intercept,EDD,etc.).
above.
• To facilitate the 280 hours of additional effort,
above,Avenu will include an additional 1 month
of project management.
• The addition of roughly—220K Accounts to be
migrated into the RevQ application
• Avenu will migrate up to 640K accounts into the
Archive Module of the RevQ application.
• Victim Transaction History(PDF of transaction
history)
E.Implementation Activities by Stage
Implementation of RevQ will be in stages,as follows.
Stage Key Activities
Design • Client completes pre-work packet and provides needed information,including file
layout specifications,data dictionaries,and example files.
• Avenu facilitates kick-off call.
• Avenu facilitates and completion of the Configuration Guide.,which is a form created
by Avenu for implementation,which is not legally binding.
• Client Completes the Configuration Guide.
• Client signs off on completion of Configuration Guide.
• Following Configuration Guide sign-off,Client and Avenu finalize project plan and
timeline,including Go Live Date.
• Any material changes following Configuration Guide sign-off will be governed through
formal change-management process.
Build • Avenu completes file interface mappings(for both daily and one-time inventory
migration files).
• Avenu+Client completes solution configuration according to the Configuration Guide.
• Avenu+Client unit tests configurations and file interfaces.
• Avenu provides admin training and super-user.training.
• Client creates end-user training and process documentation,with support from
Avenu.
Test • Client creates test cases for their specific needs for user acceptance testing.
• Client's super users provide training to end users or testing team who will perform
testing.
• Client's project manager organizes and ensures execution of user acceptance testing.
• Client's users perform user acceptance testing steps.
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• Avenu or Client fix any defects discovered through testing.
• Client's users regression test after fixes made.
• Avenu and Client agree to Go Live Date/cut-over plan from RevQ Test to RevQ
Production application.The cut-over plan will provide what happens after all testing
has been approved and data migration is verified,through the Go Live Date.
Go Live • Avenu and Client execute go-live plan.
• Client users begin using solution to perform their work.
• Client's super users provide end-user support.
• Avenu provides support and expertise to Client's super users.
Stabilize • Client's super users provide end-user support.
• Avenu facilitates weekly call to review issue log,process metrics,performance
metrics,and to agree on action plan for coming week.
• Once stable,transition from project team to Avenu's Customer Success and Support
teams.
F.Post-Production Optimization
After the Go Live implementation stage is completed,Avenu will provide up to 100 hours of post-production
optimization,including configuration adjustments,process improvements,and consulting support to enhance
the system's effectiveness.
G.Assumptions and Responsibilities
1. Avenu's implementation team will perform services between the hours of 8:00 am and 5:00 pm
(based on the time zone where the employee performing the services is located).
2. The Client shall have a core team of personnel including at least one chief or manager and at least
one member of the information technology team. The Client shall ensure its personnel (a) has
authority to make business decisions on behalf of the Client; (b)will participate in meetings,data
gathering, analysis, implementation, and project governance activities related to this SOW; (c)
will participate in focused training activities; and (d) will meet deadlines and deliverables as
agreed upon in the mutual project plan. For purposes of this paragraph, "business decisions"
include training staff, roles and responsibilities of staff, security, data flow, account setup,
calculation, texting templates, letter templates, and workflow. Client's Auditor-
Controller/Treasurer-Tax Collector and Deputies,Chiefs,and Managers have such authority.
3. Avenu will perform the services defined in this SOW remotely.Avenu resources will work on-site
at the Client's facility only upon authorization being granted by both parties or as specifically set
forth in this SOW.
4. Client will provide all requested information and access needed for Avenu to provide these
services.
5. Avenu follows the Train-the-Trainer model and provides administrator training as well as super-
user training.This approach allows for more productive and tailored training sessions.
6. Avenu's standard Project Management duties include common planning, scheduling, resource
allocation, execution,tracking,and delivery of RevQ+.This project is scoped for 7 months worth
of Project Management.Please note and refer to Schedule B for Client Responsibilities.
7. Only standard RevQ functionality and configuration options are within the scope for this
engagement. No custom platform development or scripting is included in this engagement,
including all custom platform development,UI changes,and custom scripting.
H.Fee Schedule,Travel,and Invoices
Fee Schedule+ Invoicing
All Services provided will be as per the Statement of Work sections mentioned above. The Client
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understands that this is the final estimate for the specified Services and fees are set forth on a fixed
price basis. The Client will be invoiced for the full project cost, and no additional charges will be
applicable unless there is a requirement for additional services.In such cases,a Change Order will be
executed by authorized representatives of both parties, and the additional services will be charged
at the amount and frequency specified in the Change Order.
Invoices for services and for permitted travel and related expenses,will be presented to the Client
at the end of each month.In the event of any project extension beyond the initial seven-month
implementation period due to delays not attributable to Avenu,any additional work hours will be
subject to Time and Materials billing at the then-current rate,subject to the execution of a Change
Order,which may require an amendment to this Agreement,pursuant to section 3.0 of the
Agreement,titled"Maximum Compensation."Potential issues not attributable to Avenu that may
result in an extension of the project beyond the initial seven-month period shall be communicated
to the Client promptly upon identification.Avenu shall provide the Client with a detailed
explanation of how and why such issues will cause a project delay.
Any services in addition to or beyond those explicitly outlined in the Statement of Work sections
above must be authorized by an amendment to this Agreement and will be carried out on a Time
and Materials (T&M) basis.This will also follow the execution of a Change Order and will be
charged at the prevailing rate. For purposes of establishing the parties'mutual and general
expectations,the parties acknowledge that,as of the effective date of this Agreement,the typical
hourly rate is$250,but the typical hourly rate may change over the course of this Agreement.The
Client understands that the T&M estimate is only an approximation.The actual performance of the
specified Services may deviate,and the Client will only be invoiced for the actual hours devoted to
the project and any associated expenses,subject to section 3.0 of this Agreement,titled"Maximum
Compensation."
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
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Programming, :.
QTY Description
15 RevQ+ Software Licenses
15 Data Hosting Per Each Concurrent Llcense/Support Services
5 Avenu Reports Licenses
5 Victim Restitution, FTB COD, Tax Intercept, EDD, Client View/Ecliptics, Archive
500 Skip Tracing—Monthly New Placements(Forward Flow): Estimates a 10%hit rate
5,000 Texting: Assumes 5,000 text messages per month
5,000 Unattended Messaging: Assumes 5,000 calls per month
10,000 Letters Assumes 10,000 letters per month
Total Products Per Month $18,302.00
ProgrammingOne-Time
HRS Description Total Price
600 Software Installation &Administrative Configuration Included
100 Workflow Setup& Remote Training Included
300 Additional Software Install & Configuration (Due to account volume) $52,500.00
530 RPCS Data Migration (Base Migration plus small changes) $92,750.00
30 Interfaces(Client Implements) $5,250.00
100 Optimization Post Go-Live $17,500.00
50 California Modules Implementation $7,500,00
TOTAL PROFESSIONAL SERVICES $175.500.00
TOTAL MONTHLY RECURRING COSTS $18,302.00
Revisions
Should any changes to the scope, services,deliverables,estimating assumptions, or schedule
established for this project occur,which would impact the time frame or fee estimates,the parties
will make best efforts to amend this Agreement to effectuate their mutual intent.
(END OF SCHEDULE A)
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Schedule B:Administration Roles and Responsibilities-Hybrid
In addition to logging a support ticket, Client can call Avenu support services team at the then current
support number (currently support for the RevQ+Software and the related products and services
provided under this Agreement can be reached at 1-888-504-1196). Except for urgent support
requests,Client acknowledges that support tickets will be handled during Avenu's normal support
hours.Avenu will handle urgent support requests on a priority basis whether logged during or after
Avenu's normal support hours.These administrative roles and responsibilities may change from time-
to-time and will be electronically communicated to administrative users.
The following tables that lies with the Client, is shared with Avenu,or requires coordination between
both Client and Avenu. The"Comments"column provides step-by-step instructions or additional
clarifications for each task.
UNATTENDED MESSAGING
Task Client Shared Comments
Open Debtor to remove from the call list. Follow
Remove a debtor from the the menu path: Operations>Unattended
Unattended Messaging X Campaign call list Messaging>Do Not Call.Respond to the
confirmation prompt.
Open Debtor to remove from the call list. Follow
Clear do not call flag X the menu path: Operations>Unattended
Messaging>Clear Do Not Call. Respond to the
confirmation prompt.
Search for and bring up the debtor. Click on the
Edit Debtor Action from the Debtor screen.
Set consent to call a phone X Make sure the phone number with consent is set
number a Primary. Check the Consent to call box,update
the Consent date field,and set the Consent
type.
Search for and bring up the debtor. Click on the
Revoke consent to call a phone X Edit Debtor Action from the Debtor screen.
number
Uncheck the Consent to call box.
Change Unattended Messaging Client to open a support ticket with OS. OS will
Campaign calling times or days
X make the requested change. Requires client sign-
off.
Unattended Messaging Client to open a support ticket with OS. OS will
Campaign administration
X make the requested change. Requires client sign-
off.
Client creates a support ticket. Clients provides
Changes to the voice message new message to OS. OS gets the new message
left a part of the Unattended X recorded and gets final approval from the client.
Messaging Campaign
Requires client sign-off.
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Client creates an urgent support ticket. OS takes
Stop all Unattended Messages for the day X the necessary actions with Architect and CTS to
stop all calls for the day.
Client creates an urgent support ticket.The ticket
must include details on how to isolate those
Stop all Unattended Messages affected by the disaster,such as a list of zip
temporarily due to Declaration X
of Disaster codes. OS takes the necessary actions with
Architect and CTS to stop all calls until
notification to reinstate is received.
Client creates a support ticket.The ticket must
Reinstate Unattended Messages include details on how to isolate those affected
after Declaration of Disaster X by the disaster,such as a list of zip codes. OS
ends takes necessary actions to reinstate Unattended
Messages.
Search for and bring up the debtor. Click on the
Edit Debtor Action from the Debtor screen.
Change the Phone Status to "Bad","Block",
"Disconnected", "Wrong Number" or other status
Mark a phone number as "bad" X created by client to indicate that no calls should
be made to this number.The phone can also be
deleted from the Edit Debtor screen.A note is
created noting the phone number that was
deleted for historical purposes.
Search for and bring up the debtor. Click on the
Mark a phone number as Edit Debtor Action from the Debtor screen.
"good" X Change the Phone Status to "Good"to indicate
that calls can be made to this number
The Texting Task Responsibility Table sets forth the specific operational tasks required for the ongoing
management of the Texting service. For each task,the table identifies whether responsibility lies with the Client,is
shared with Avenu,or requires coordination between both parties.The"Comments" column provides step-by-step
instructions or additional clarifications for each task.
TEXTING
Task Client Shared Comments
Search for and bring up the debtor. Click on the
Edit Debtor Action from the Debtor screen.
Set consent to Text a phone X Make sure the phone number with consent is set
number as Primary.Click the Consent Options button.
Set Consent to Text to Yes,update Consent
date,and set Consent type.
Search for and bring up the debtor. Click on the
Revoke consent to Text a phone X Edit Debtor Action from the Debtor screen. Click
number the Consent Options button.Set Consent to
Text to No.
Change Text calling time range X Follow the menu path:Administration>Ontario
Omni>Texting>Texting Setup.Update the
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texting times in the Texting Time Range in the
General Tab.
Follow the menu path:Administration>Ontario
Omni>Texting>Texting Templates. On the
Message tab,click the+ icon on the lower left.
Give the Text message a name.Type message
Create new Text message X content while keeping it within the 160 character
limit.Use the icon in the upper right corner to
access merge fields. Click Save Changes and Close
when done.
Follow the menu path:Administration>Ontario
Omni>Texting>Texting Templates. On the
Changes to the Text messages X message tab,click in the message area of the
screen and make changes. Click Save Changes and
Close when done.
Follow the menu path:Administration>Ontario
Omni>Texting>Texting Templates. Click on the
Prevent Text message from Restrictions tab. Click the checkbox next to all
being sent to Debtors/Accounts X Debtor and Account statuses that should prevent
with certain status codes texts from being sent.Use Payment Plan statuses
to stop text messages from being sent based on
payment plan statuses.
Follow the menu path:Administration>Ontario
Set Minimum Balance for Text X Omni>Texting>Texting Templates. Click on the
messages to be sent Restrictions tab.Set the Minimum Balance at the
bottom of the page.
Client creates an urgent support ticket.The ticket
must include details on how to isolate those
Stop all Texts temporarily due X affected by the disaster,such as a list of zip codes.
to Declaration of Disaster OS takes the necessary actions with Ontario Omni
to stop all texts until notification to reinstate is
received.
Client creates a support ticket.The ticket must
Reinstate Texts after X include details on how to isolate those affected by
Declaration of Disaster ends the disaster,such as a list of zip codes. OS takes
necessary actions to reinstate Texting.
Search for and bring up the debtor. Click on the
Edit Debtor Action from the Debtor screen.
Change the Phone Status to "Bad","Block",
"Disconnected","Wrong Number" or other status
Mark a phone number as "bad" X created by client to indicate that no calls should
be made to this number.The phone can also be
deleted from the Edit Debtor screen.A note is
created noting the phone number that was
deleted for historical purposes.
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Search for and bring up the debtor. Click on the
Mark a phone number as Edit Debtor Action from the Debtor screen.
"good" X Change the Phone Status to "Good"to indicate
that calls can be made to this number
The Ontario Correspond-Letter Services Task Responsibility Table details the operational tasks required for the
ongoing management of letter services. For each task,the table specifies whether the responsibility lies with the
Client,is shared with Avenu, or requires coordination between both parties.The"Comments"column provides
step- ) -stepinstructions or additional clarifications for each task.
ONTARIO CORRESPOND
Task Client Shared Comments
Follow the menu path:
Operations>Correspondence>Stop All
Correspondence. Client has the choice to stop
Stop letters for one debtor X just letters currently in the queue or future
correspondence as well.They can clear the stop
future correspondence by going back in and
unchecking the box when ready.
Stop letters after the file has Once the file has been sent to the letter vendor, it
been sent to the letter vendor cannot be stopped.
Search for and bring up the debtor. Click on the
Edit Debtor Action from the Debtor screen.
Stop letters from being sent Change the Address Status to "MR","Bad" or
when the address is Mail X other status created by client to indicate that no
Return, Bad,Wrong Party letters should be sent to this address.The
address can also be deleted from the Edit Debtor
screen.A note is created noting the address that
was deleted for historical purposes.
Client to open a support ticket with OS. The
Stop letters for all debtors ticket must include details on how to isolate
affected by a Declaration of X those affected by the disaster,such as a list of zip
Disaster codes. OS will set the Block All Future
Correspondence for those who meet the
provided criteria.
Client to open a support ticket with OS. The
ticket must include details on how to isolate
Start sending letters after the X those affected by the disaster,such as a list of zip
Declaration of Disaster ends codes. OS will turn off the Block All Future
Correspondence for those who meet the
provided criteria.
Follow the menu path:
Administration>Correspondence>Define
Letter creation X Letters. Click the+ in the lower left to add a new
letter. Enter a name and set the Use this printer
for this letter to Ontario Correspond on the
General tab. Click on the Merge Fields tab and
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use the arrows in the middle of the screen to add
merge fields. Set status restrictions on the
Statuses tab. Limit which letters can be accessed
by users on the Collectors tab. Click Launch
Word to create the new letter. Close and Save the
Word doc,then click Save Changes and Close.
Follow the menu path:
Administration>Correspondence>Define
Letters. Click on the letter name to modify on
the left. On the Merge Fields tab,add/remove
merge fields using the arrows in the middle of
Letter alterations X the screen. Set status restrictions on the Statuses
tab. Limit which letters can be accessed by users
on the Collectors tab.Click Launch Word to
open the letter and make modifications. Close
and Save the Word doc,then click Save Changes
and Close.
Email Services table details the operational tasks required for the ongoing management of email services. For each
task,the table specifies whether the responsibility lies with the Client,is shared with Avenu, or requires
coordination between both parties.The"Comments"column provides step-by-step instructions or additional
clarifications for each task.
SharedEMAIL
Task Client Comments
Follow the menu path:
Operations>Correspondence>Stop All
Correspondence. Client has the choice to stop just
Stop emails for one debtor X emails currently in the queue or future
correspondence as well.The correspondence block
can be cleared by going back into the same path
and unchecking the box.
Search for and bring up the debtor. Click on the
Stop emails from being sent Edit Debtor Action from the Debtor screen.
when the email address is X Correct or remove the email address.A note is
incorrect created noting the address that was deleted for
historical purposes.
Search for and bring up the debtor. Click on the
Revoke email consent X Edit Debtor Action from the Debtor screen.
Uncheck the Email Consent box.
Client to open a support ticket with OS. The ticket
Stop emails for all debtors must include details on how to isolate those
affected by a Declaration of X affected by the disaster,such as a list of zip codes.
Disaster OS will set the Block All Future Correspondence
for those who meet the provided criteria.A single
support ticket will take care of letters and emails.
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Client to open a support ticket with OS. The ticket
must include details on how to isolate those
Start sending letters after the affected by the disaster,such as a list of zip codes.
X OS will turn off the Block All Future
Declaration of Disaster ends Correspondence for those who meet the provided
criteria.A single support ticket will take care of
letters and emails.
Follow the menu path:
Administration>Correspondence>Define
Letters. Click the +in the lower left to add a new
letter. Enter a name and set the Use this printer for
this letter to Email and enter the default email
subject on the General tab. Click on the Merge
Email creation X Fields tab and use the arrows in the middle of the
screen to add merge fields. Set status restrictions
on the Statuses tab. Limit which letters can be
accessed by users on the Collectors tab. Click
Launch Word to create the new letter. Close and
Save the Word doc,then click Save Changes and
Close.
Follow the menu path:
Administration>Correspondence>Define
Letters. Click on the letter name to modify on the
left. On the Merge Fields tab,add/remove merge
Email alterations X
fields using the arrows in the middle of the screen.
Set status restrictions on the Statuses tab. Limit
which letters can be accessed by users on the
Collectors tab. Click Launch Word to open the
letter and make modifications. Close and Save the
Word doc,then click Save Changes and Close..
The following table outlines the specific operational tasks required for the ongoing management of Workflow and
Work Lists. For each task,the table identifies whether responsibility lies with the Client,is shared with Avenu, or
requires coordination between both parties.The"Comments" column provides step-by-step instructions or
additional clarifications for each task.
WORKFLOW 1 '
Task Client Shared Comments
Workflow creation X Follow the menu path:Administration>Work
Rules...
Workflow alterations X Follow the menu path:Administration>Work
Rules...
Create or modify Work Lists X Follow the menu path:Administration>Work
List>Define Work List Rules
The following table outlines the specific operational tasks required for the ongoing management and configuration
of code types and drop-down lists within the system. For each task,the table identifies whether responsibility lies
with the Client,is shared with Avenu,or requires coordination between both parties.The"Comments" column
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provides step-by-step instructions or additional clarifications for each task.
FERNE C1 1 Drop-Down .
Client Shared domm.,.Comments
Follow the menu path:
Add Debtor or Account X Administration>Other>Define Code Types and
Status Codes select Account Status from the list of objects on
the left of the screen
Add items to any drop-down
list that is modifiable,such Follow the menu path:
Administration>Other>D efine Code Types and
X
as cancellation reasons, select the object to update from the list on the left
predefined notes,and of the screen
payment types
Modify settings on any Follow the menu path:
configurable Codes list, such X Administration>Other>Define Code Types and
as changing Line Item select the object to update from the list on the left
Priority of the screen
The System Configuration/Management Task Responsibility Table sets forth the specific operational tasks
required for the ongoing configuration and management of the system. For each task,the table specifies whether
the responsibility lies with the Client,is shared with Avenu,or requires coordination between both parties.
SYST1 1
Task Client Shared Comments
Add Debtor or Account Follow the menu path:
custom fields X Administration>Debtor/Account>Define
Debtor/Account Custom Fields
Modify Debtor or Follow the menu path:
Account templates X Administration>Debtor/Account>Define
Debtor/Account Templates
Add or Modify Account X Follow the menu path:
Types Administration>Account>Define Account Types
Define Payment Plan Follow the menu path:
Rules X Administration>Payment>Define Payment Plan
Rules
Define Payment Follow the menu path:
Allocation Rules X Administration>Payment>Define Payment
Allocation Rules
Overpayment Processing Follow the menu path:
Settings X Administration>Payment>Overpayment
Processing Settings
Add or modify an Outside Follow the menu path:
Collection Agency setup
X Administration>Forwarding>Define Outside
Collection Agencies
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Modify auto-forward Follow the menu path:
settings
X Administration>Forwarding>Define Auto
Forwarding
Update department Follow the menu path:
contact information
X Administration>Organization Setup and click on
Contact or Mailing on the left.
Follow the menu path:
Modify object labels X Administration>Organization Setup and click on
Labels on the left.
Modify reference number Follow the menu path:
labels X Administration>Organization Setup and click on
Reference Numbers.
Modify User Security Follow the menu path:
system settings
X Administration>Organization Setup and click on
User Security.
Define or modify Note X Follow the menu path:
filters Administration>Other>Define Note Views
Define Restricted fields X Follow the menu path:
Administration>Other>Define Restricted Fields
Define Search X Follow the menu path:
fields/results Administration>Other>Define Searches
Define Debtor Matching X Follow the menu path:
Rules Administration>Debtor>Define Matching Rules
(END OF SCHEDULE B)
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Schedule C: Support Addendum
This Schedule C - Support Addendum (the "Support Addendum) details the Support Services for the RevQ
Software. This Support Addendum incorporates the provisions set forth in the Software Subscription Agreement
for RevQ Prodcuts and Services (the "Agreement") and unless explicitly defined in this Support Addendum, all
capitalized terms shall have the same meaning set forth therein. In the event that any provisions in this Support
Addendum conflict with any provisions of the Agreement, or any other document, the provisions of this Support
Addendum shall prevail solely with respect to the Support Services offering described herein.
1. Definitions.
"Defect" means a Reproducible error or malfunction with the Software causing the Software to not function in
accordance with the Documentation
"Documentation" means any descriptions, instructions or other materials provided by Avenu describing the
specifications,operation,functionality and/or features of the Software.
"Reproducible" means that the issue that causes the Defect can be re-created or reproduced by Avenu with an
unaltered version of the Software, indicating that the issue is caused by a bug or other issue inherent to the
Software rather than caused by the specific Client environment or use.
"Software" means the RevQ software including any ancillary data files, modules, libraries, and copies of any of
the foregoing or portions thereof.
2. Support Services.
During the Subscription Term,and subject to satisfactory payment of the Subscription Fees,Avenu shall provide
support services for the Software as described herein (the"Support").
a. Helpdesk Support.Helpdesk Support is described in Section 3 titled"Helpdesk Services".
b. Updates. Support includes those updates, enhancements, improvements to the Software that Avenu
makes generally available to its customers from time to time ("Updates") at no additional cost. Updates
may include bug fixes,patches,and/or improvements to existing Software functionality.
c. Exceptions.Avenu shall not be required to provide Support for Defects occasioned by(i) Client's neglect
or misuse of the Software; (ii) Client's unauthorized modifications or customizations to the Software,
including modifications made by anyone other than Avenu or a person acting at Avenu's direction; or
(iii) Client's failure to implement prior mandatory Software corrections or bug fixes.
3. Helpdesk Services:
a. General: As part of Support, Avenu will provide Client with Helpdesk Services to address (i) general
user questions pertaining to Software features and functionality;and(ii) Defects (collectively"Helpdesk
Tickets").
b. Intake Process: Helpdesk Tickets must be submitted to Avenu through either the Customer Support
Portal (https://avenuinsights.service-now.com/csm) or by telephone at 1-888-504-1196.
i. Avenu support agents will triage Helpdesk Tickets queue between the hours of 8:00 am to 6:00 pm
Eastern Standard Time (EST) Monday to Friday, excluding observed statutory holidays (the
"Support Hours").During the initial intake and review process,Avenu's support team will determine
if the Helpdesk Ticket is a Defect or general user question covered under the scope of Support and
if necessary,update the severity level of the Helpdesk Ticket based on the severity level definitions
specified in Table 1: Severity Level Definitions. In the event Avenu's support team determines a
Helpdesk Ticket is not a general user question or a Defect,and therefore not covered under Support,
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CA-Fresno County
A V E N V RevQ Software Subscription Agreement
Avenu will seek approval from the Client prior to proceeding with any further remediation activities.
If the Client approves proceeding with troubleshooting a reported issue that is not related to a
Defect, Client understands and agrees that Avenu's time and efforts will be billed separately, on a
labor hour basis,using Avenu's then current professional services rates.Further,Client understands
that any response and resolution times set forth herein are solely applicable to Defects.
4. Response Times.
Upon Avenu's determination that a submitted Helpdesk Ticket meets the criteria for a Defect and covered
by Support (as assessed during the intake process), Avenu will use commercially reasonable efforts to
resolve/address the Helpdesk Ticket(s) in accordance with the timeframes set forth in Table 2: Response
and Resolution Times.Avenu resources will be assigned to the most critical problems first
Table 1:Severity Level Definitions:
Severity Level if Definition
Severity 1 Reported Defect critically impacts business operations as a result of a
(Critical) complete loss of service. The Client cannot make operational use of the
Software and work cannot reasonably continue.
Reported Defect has an adverse impact to business operations as a result of a
Severity 2 (High) significant loss,disruption or degradation of services.The Client cannot
make operational use of one or more critical functions of the Software
Reported Defect has limited impact to business operations and use/
Severity 3 operation of the Software.The Client is in full working mode with minor
(Medium) impediments or loss of service.or where the problem occurs infrequently
and/or affects a limited number of users.
Severity 4 General User questions regarding Software features and functionality.
(Low)
Table 2:Response and Resolution Times
Helpdesk Ticket Action Model Initial Response Resolution
Severity Level Time Time
Immediate Action until resolved or
reassigned to a lower severity. During Support During Support
Severity 1 (Critical) Frequent contact with the Client Hours within 2 Hours within 24
Progress review by Support team business hours of
hours of intake
and senior leadership intake
Priority focus from the support
team. During Support
Hours within 8 During Support
Severity 2 (High) Frequent contact with the Client. Hours within 2
Progress review by support business hours of weeks of intake
management
intake
Resolution coordination within the During Support
Severity 3
support team Hours within 8 During Support
Status monitored internally. business hours of Hours within 2
(Medium) Address within acceptable intake months of intake
time ram
Severity 4 Respond within 8
(Low) Status monitored internally. business hours of N/A
intake
5. Assumptions
a. Support will be performed remotely
b. The following services are explicitly excluded from the scope of Support:
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CA-Fresno County
A V E N V RevQ Software Subscription Agreement
i. Support for Software issues that are not Reproducible or that otherwise fail to meet the
criteria of a Defect
ii. Updates third party products
iii. On-Site Support
iv. Data Extraction Services
v. Implementation, configuration, integration, or other custom software development
services.
c. Support specifically excludes, and Avenu expressly disclaims any responsibility for,
performance issues,or failures arising from Client Systems.
d. Avenu does not guarantee a specific resolution of any or all reported Defects and proposed
resolutions may consist of a fix,temporary workaround, or other responses.
e. Client agrees to provide network access, computer time, information, personnel, and other
resources as may be necessary for Avenu to provide the Support described herein.
f. Subject to the changes provision and upon Client's written request,Avenu may agree to provide
out of scope services on a time and materials basis, subject to Client agreeing to pay Avenu's
then current fees and charges,including,as applicable,travel and other expenses.
g. Updates do not include product extensions to different hardware platforms, different operating
system platforms,or different database platforms.
h. Availability of and access to Updates shall not be construed to entitle Client to new options or
features that are sold separately and that are not direct additions to the Software which has been
licensed to the Client in accordance with the Agreement.
(END OF SCHEDULE Q
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CA-Fresno County
A V E N V RevQ Software Subscription Agreement
Schedule1Self-Dealing
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"),members of a contractor's board of
directors ("County Contractor"),must disclose any self-dealing transactions that they are a party to while
providing goods, performing services,or both for the County.A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one or
more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name,job title (if applicable),and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County.At a
minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the board member
has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the
Corporations Code.
The form must be signed by the board member that is involved in the self-dealing transaction described in
Sections (3) and (4).
Page 36 of 37
CA-Fresno County
A V E N V RevQ Software Subscription Agreement
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party
to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code§5233 (a)
(5)Authorized Signature
Signature: Date:
Page 37 of 37
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