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HomeMy WebLinkAboutAgenda Report - February 3, 2021 C-10AGENDA ITEM C0,10 CITY OF LODI COUNCIL COMM [1NICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Amendment No 2 with CivicPlus, of Manhattan, Kan., for Website Design and Hosting Services ($81,360.84) MEETING DATE: February 3, 2021 PREPARED BY: Information Technology Manager RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment 2 of Professional Service Agreement with Civic Plus, of Manhattan, Kan., for additional web and online services. ($81,360.84) BACKGROUND INFORMATION: An organization's web presence is critical to communicating with its customers. A robust online and particularly mobile platform is crucial to disseminating information to residents, businesses and visitors. With the current pandemic, the City needs to modernize their approach to interacting with citizens. February 2018 the City entered into a three year Professional Service Agreement with CivicPlus for the redesign, development and hosting of the City's website. That contract expires in February of 2021. CivicPlus is offering a new module, CiviciOptimize, to add to the current service, CivicEngage. This service will allow the City the ability to put the majority of the PDF forms and applications, used by the utilities and departments, online as fillable webpages. This will give customers ability to submit applications securely through the City's website. This new service would be accessible via a web browser or mobile application on any mobile device. CivicOptimize will securely process applications submitted from the website using a predetermined workflow streamlining internal office procedures. CivicOptimize will integrate with the content management system, CivicEngage, that currently powers the City's website and intranet. Staff will have the same capabilities to create and publish content via CivicEngage, for normal webpages, and CivicOptimize for forms. Amendment No. 2 extends the current professional service agreement for an additional three years and adds the CivicOptimize module to the hosted service. CivicEngage, the City's current service level, will be billed in three annual installments starting in February 2021 for $9,197 in year one; $9,657.89 for year two; and $10,140.78 for year three. The new CivicOptimize contract is for two years with an automatic renewal in year three at the City's discretion. CivicOptimize will be billed annually, year one $19,565.17 will include setup fees and training; year two will be $16,000; and if the City chooses to auto renew the service, the cost will be subject to a 5% increase for year three, $16,800. APPROVED: Stephen Schwabauer, City Manager It is the staffs' recommendation to execute amendment No. 2 to renew the contract with CivicPlus for the service module CivicEngage for three years. In addition, add the service CivicOptimize for two years with an automatic renewal for year three and a 5% increase to the fee from year two. FISCAL IMPACT: 63% of Information Technology costs are attributed to the General Fund and General Fund supported departments. The remaining 37% is allocated to other funds based on their allocated share of Information Technology support services. FUNDING AVAILABLE: Costs are included in the FY 2020/21 Budget 10020400.72450. Andrew Keys Deputy City Manager Attachments M. AMENDMENT NO. 2 CIVIC PLUS Professional Services Agreement THIS AMENDMENT NO. 1 TO AGREEMENT, is made and entered this day of . 2021, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and CIVIC PLUS. (hereinafter "CONTRACTOR"). WITNESSETH WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement ("Agreement") on February 13, 2018, and Amendment No. 1 on July 23, 2018, Exhibit 1 and Exhibit 2, respectively, attached hereto an made a part hereof; and 2. WHEREAS, CITY requested to amend said Agreement to extend the term of the Agreement through February 12, 2024; continue CivicEngage webhosting and support of City's website, and add CivicOptimize module as part of services provided to CITY as set forth in Exhibit 3; and 3. WHEREAS, CONTRACTOR agrees to said amendments NOW, THEREFORE, the parties agree to amend the Agreement and fees as set forth in Exhibit 3. CITY agrees to pay CONTRACTOR $81,360.84 over three years for CivicEngage, webhosting services and support of City's website and intranet; and CivicOptimize module for the secure online processing of applications. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation ICON ENTERPRISES, INC., a Kansas Corporation doing business in California as CIVIC PLUS STEPHEN SCHWABAUER City Manager Attest: JENNIFER CUSMIR City Clerk A roved as to Form: JANI E MAGDICH Gily"Attorney NAME: Title: Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 Section 1.1 Parties THIS AGREEMENT is entered into onCrb 13 2017, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and ICON Enterprises, Inc., a Kansas corporation, doing business in California as CivicPlus (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for website redesign and hosting service of the City's website (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time ForetLW o f Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on February 7th, 2018 and terminates upon the completion of the Scope of Services or on February 7th, 2021 whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit A and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 M-eth-o-d -of Payment CONTRACTOR shall submit invoices for completed work as agreed upon in Exhibit A. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditina CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three ;3) years after final payment under this Agreement. 3 ARTICLE 4 Section 4.1 !]Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Comi2iiance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Notwithstanding the foregoing, CITY warrants and agrees that ongoing ADA Section 508 compliance as it relates to CITY's web presence shall be the ongoing responsibility of CITY. Section 4.3 CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Reguiremenjs for GONTIR&TOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 To CONTRACTOR: Civic Plus 302S.4 1h Street, Suite 500 Manhattan, KS 66502 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Emplovee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to 5 Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment ofthe services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least sixty (60) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 CQnfidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13-&a�UgjjbJe Law. Jurisdiction. Severability. j1nd Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirgjnent CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Ca tions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terns Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST: �r J IFER M. ERRAIOLO STE CHWA R t lark City Manager APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney Attachments: Exhibit A — Scope of Services Exhibit B — Insurance Requirements Funding Source: Doc ID; CA;Rev.01.2015 (Business Unit & Account No.) 8 ICON Enterprises, Inc. doing business in California as CIVICPLLIS, INC. By: Name: Ry"Gs-n Title: P Exhibit A for Lodi, CA TM Exhibit A - CivicPlus Statement of Work #1 Project Development and Deployment • First Year Annual Services (Initial GCMSO upgrades, maintenance, support and hosting) • Server Storage not to exceed 25 GB • Services and Deliverables as described in Addendum 1 $81,597 • Up to 900 pages of content migration from www.iodi.pov_ • Ongoing recurring 48 -month redesign, as described in Addendum 2 • 3 Years of Agendas & Minutes in PDF or DOC format migrated • 4 Days Onsite Implementation Training for up to 12 Client Staff Members Project Enhancements ■ 4 Days Onsite Navigate Consulting • SSL Certificate • LDAP • CivicEngage Media with 10 GB additional storage • CivicEngage Send Included • CivicEngage Mobile • MobileAdmin App for Alert Center • Design Essentials • Intranet Subsite (includes annual services with SSL certificate and 20 pages of content migration) Annual Services (Continuing GCMS® Enhancements, Maintenance, Support and Hosting) $7,860 Billed 12 months from SOW signing; subject to annual 5% increase year 4 and beyond Total .0 CivicPlus Ad, Annual Inves Payments At the request of Client, CivicPlus agrees to redistribute their standardized pricing as follows: ✓antage 1St Year 2nd Year 3rd Year tment $32,439 $32,439 $32,439 1. Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by and between Client and CivicPlus, to which this SOW #1 is hereby attached. 2. This SOW #1 shall remain in effect for an initial term of three years (36 months) ("the SOW #1 Initial Term") from signing. In the event that neither party gives 60 days' notice to terminate prior to the end of the initial or any subsequent renewal term, this Agreement will automatically renew for an additional 1 -year Renewal Term. 3. Invoicing shall begin upon the date of signing of this SOW #1 as detailed in CivicPlus Advantage Annual Investment Payments Subsequent Annual Investment Payments shall be invoiced on the dates of signature of their respective calendar years 4. Renewal Term Annual Services shall be invoiced on the date of signature of relevant calendar years. Annual services, including but not limited to hosting, support and maintenance services, shall be provisioned in accordance with Addendum 3 to this SOW #1 and shall be subject to a 5% annual increase beginning in Year 4 of service. 5. Client allows CivicPlus to display a "Government Websites by CivicPlus" insignia, and web link at the bottom of their web pages Client understands that the pricing and any related discount structure provided under this SOW #1 assumes such perpetual permission. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01 165-0001 Exhibit A Page 1 of 5 dm TkIm P Exhibit A for Lodi, CA Addendum 1 to Exhibit A.1 - Project Development Division of Work Kick -Off Deliverable: Project Timeline, training jump start information, online forms, kick-off meeting CivicPlus will: • assign a project manager to this project • conduct a Project Kick-off to review awarded contract • establish communication plan for the duration of the project effort • work with Client to identify all key internal and external project stakeholders • develop project timeline • provide access to CivicPlus University (online training manuals, videos and other resources) for the Client staff Phase 1: Website Optimization Client will: • complete the following prior to Phase 1: Website Optimization Form, Content Form, and DNS Worksheet • review and approve of project timeline within 5 business days • attend a kick-off meeting with key stakeholders or decision makers • if modifications are required after the review of the initial project timeline, Client has 10 business days to address the modifications and come to a consensus • approve the project timeline (limited to two reviews) prior to proceeding with the project • update the current primary live website content and delete any pages from the website that are no longer wanted or needed Deliverable: Website Optimization Meeting CivicPlus will: Client will provide: • communicate status to Client, key stakeholders and • statistics from the current website from the past 12 personnel via emails or phone calls as needed months (optional) • review the goals and expectations submitted on the • pictures to be used in the overall design of the new forms Client completed to ensure Client needs are website clearly understood . a list of all divisions and/or departments within the • gather preliminary design data for useorganization • a list of third -party and in-house developed applications presently being utilized on the current website • a site map or outline of the current website's navigational structure if possible • a list of any content on the current primary website that must remain as is (verbatim) because of legal requirements Phase 2: Design Presentation Deliverable: Website grayscale layout and mood board color pallet presentation CivicPlus will: Client will: • present one custom layout in grayscale form and one approve one layout and the mood board mood board color palette based on the goals review marketing packet material and guidelines determined in the previous phase. The presented Website Layout billing milestone complete layout will show the placement of the navigation, graphic button and feature areas. The mood board will reflect the color and imagery that will represent the tone of the design • begin development of the website design upon layout and mood board approval CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CiviePlus.com Exhibit A Page 3 of 5 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 PExhibit A for Lodi, CA Phase 3: Website Reveal Deliverable: Website design and production website. CivicPlus will: • present a fully functional website on a production URL • migrate content pages to the production URL as described in Exhibit A.1 Statement of Work. • conduct a quality review of the website to ensure the functionality and usability standards are met • work with Client to prepare for training • migrate Agendas & Minutes in Microsoft Word.DOC or Adobe PDF format as described in Exhibit A.1 Statement of Work. Client will: • evaluate the website design and content and provide CivicPlus with feedback • collaborate with CivicPlus on proposed changes • revise the design according to the approved timeline • if revised design changes are requested after the design approval timeline date, the project's Go Live date will be adjusted out (training and billing milestones will remain as per approved timeline) • provide CivicPlus will all the necessary DNS items identified for the website Phase 4: Website Review & Training (See Exhibit A.1 Statement of Work for details) Deliverable: Train System Administrator(s) on GCMSO Administration, permissions, setting up groups and users, module administration Basic User training on pages, module entries, applying modules to pages. Applied use and usability consulting to result in effective communication through your website CivicPlus will: P Client will: • provided training to Client before the website goes provide a location for training in Client with internet live access • train staff members based on internal daily tasks provide computers for staff to be trained on and workflow Phase 4: Training billing milestone complete • train staff members on how to use the GCMSO, update content pages and modules Phase 5: Go Live Deliverable: Custom website launched to the public. CivicPlus will: Client will: • address system issues and bugs that Client finds • test and update the final site as per approved timeline • redirect the domain name to the newly developed • notify CivicPlus on any system issues or bugs found in website as per approved timeline the website CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.Civicplus.com Exhibit A Page 4 of 5 V. CPA03.01.165-0001 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 C p Exhibit A for Lodi, CA Addendum 2 to Exhibit A.1 - Redesign Details • New design for all items originally contracted for (main site, department headers and subsites) • Redevelop banner • Redevelop navigation method (may choose top drop-down or other options) • Design setup - wireframe • Redevelop graphic elements of website (Newsflash, FAQs, Calendar, etc.) • Project Management • Testing • Review • Content Migration — Includes retouching of all existing published pages to ensure proper formatting, and application of new site styles. Note: Content will not be rewritten, reformatted or pages broken up (shortened or re -sectioned) • Site styles and page layouts will be touched so all pages match the new design and migrate cleanly • Spelling and broken links will be checked and reported if unable to correct CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 - Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 Exhibit A Page 5 of 5 C Exhibit A for Lodi, CA Addendum 3 to Exhibit A — Hosting, Support and Service Level Agreement Hosting Details Data Center a Highly Reliable Data Center ■ Managed Network Infrastructure • On -Site Power Backup & Generators • Multiple telecom/network providers • Fully redundant Network Highly Secure Facility • 24/7/365 System Monitoring Hosting Bandwidth • Disaster Recovery DDoS Mitigation I • V. SLA03.01.16-0001 Automated GCMS® Software Updates Server Management & Monitoring Multi -tiered Software Architecture Server software updates & security patches Database server updates & security patches Antivirus management & updates Server -class hardware from nationally recognized provider Redundant firewall solutions High performance SAN with N+2 reliability Multiple network providers in place Unlimited bandwidth usage for normal business operations (does not apply in the event of a cyber attack) 22 Gb/s burst bandwidth Emergency After-hours support, live agent (24/7) On-line status monitor at data center Event notification emails Guaranteed recovery TIME objective (RTO) of 8 hours Guaranteed recovery POINT objective (RPO) of 24 hours Pre-emptive monitoring for disaster situations Multiple data centers Geographically diverse data centers Defined DDoS Attack Process • Identify attack source • Identify type of attack • Monitor attack for threshold engagement Addendum 4 Page 1 of 4 CivicPlus • 302 S 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 pExhibit A for Lodi, CA Support and Maintenance Support Services CivicPlus' on-site support team is available from 7:00 am to 7:00 pm CT to assist clients with any questions, concerns or suggestions regarding the functionality and usage of CivICPIus' GCMS® and associated applications. The support team is available during these hours via CivicPlus' toll-free support number and e-mail. Support personnel will respond to calls as they arrive (under normal circumstances, if all lines are busy, messages will be returned within four hours; action will be taken on e-mails within four hours), and if Client's customer support liaison is unable to assist, the service escalation process will begin. Emergency support is available 24 -hours -a -day for designated, named Client points -of -contact, with members of both CivicPlus' project management and support teams available for urgent requests. Emergency support is provided free -of -charge for true emergencies (ie: website is down, applications are malfunctioning, etc.), though Client may incur support charges for non- emergency requests during off hours (ie: basic functionality / usage requests regarding system operation and management). The current discounted rate is $175/hour. CivicPlus maintains a customer support website that is accessible 24 -hours -a -day with an approved client username and password. Service Escalation Processes In the event that CivicPlus' support team is unable to assist Client with a request, question or concern, the issue is reported to the appropriate CivicPlus department. Client requests for additional provided services are forwarded to CivicPlus' Client Care personnel. Client concerns/questions regarding GCMS® or associated application errors are reported to CivicPlus' technical team through CivicPlus' issue tracking and management system to be addressed in a priority order to be determined by CivicPlus' technical team. All other requests that do not meet these criteria will be forwarded to appropriate personnel within CivicPlus' organization at the discretion of the customer support liaison. Included Services: Support Maintenance of CivicPlus GCMS® 7 a.m. — 7 p.m. (CST) Monday — Friday Install Service Patches for OS (excluding holidays) System Enhancements 24/7 Emergency Support Fixes Dedicated Support Personnel Improvements Usability Improvements Integration Integration of System Enhancements Testing Proactive Support for Updates & Fixes Development Online Training Manuals Usage License Monthly Newsletters Routine Follow-up Check -ins CivicPlus Connection Addendum 4 Page 2 of 4 CivicPlus • 302 S 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 - Support Ext. 307 • Fax 785-587-8951 V. SLA03.01 16-0001 t P Exhibit A for Lodi, CA CivicPlus Service Level Agreement CivicPlus will use commercially reasonable efforts to make the GCMSO available with a Monthly Uptime Percentage (defined below) of at least 99.9%, in each case during any monthly billing cycle (the "Service Commitment") In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the CGMS, was "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion (defined below). • "Unavailable" and "Unavailability" mean o The HTML of the home page of the site is not delivered in 10 seconds or less 3 times in a row when tested from inside our network and returns a status of 200 o The Main page of the site returns a status other than 200 or 302 3 times in a row. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the month, beginning with the first full month of service, in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.9% 1 % of one month's fee We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from CivicPlus. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. Credit Request and Payment Procedures To receive a Service Credit, you must submit a claim by opening a case with Support. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: 1. the words "SLA Credit Request" in the subject line; 2. the dates and times of each Unavailability incident that you are claiming; 3. the affected Site domains; and 4. Any documentation that corroborate your claimed outage If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of GCMSO, or any other GCMSO performance issues: (i) that result from a suspension; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CivicPlus; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any maintenance as provided for pursuant to the Client Agreement; or (vi) arising from our suspension and termination of your right to use the GCMS@ in accordance with the Client Agreement (collectively, the "SLA Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion. Addendum 4 Page 3 of 4 CivicPlus • 302 S 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivlcPlus.com Toll Free 888-228-2233 • Accounting Ext 291 • Support Ext. 307 • Fax 785-587-8951 V. SLA03 01.16-0001 Exhibit A for Lodi, CA Disaster Recovery Feature Service Commitment CivicPlus will use commercially reasonable efforts to insure that in the event of a disaster that makes the Primary data center unavailable (defined below) Client site will be brought back online at a secondary data center (the "Service Commitment"). In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Datacenter availability" is determined by inability to provide or restore functions necessary to support the Service. Examples of necessary functions include but are not limited Cooling, Electrical, Sufficient Internet Access, Physical space, and Physical access. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. • Recovery Time Objective (RTO) is the most anticipated time it will take to bring the service back online in the event of a data center event. • Recovery Point Objective (RPO) the amount of data lost that is considered acceptable. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the month accordance with the schedule below. Recovery Time Objective Service Credit Percentage 8 Hours 10% of one month's fee Recovery Point Objective Service Credit Percentage 24 Hours 10% of one month's fee CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V SLA03.01.16-0001 Addendum 4 Page 4 of 4 Exhibit A for Lodi, CA 6. After forty-eight (48) months of continuous service, Client is entitled to a no -cost redesign, details noted in Addendum 2. Redesigns that include additional features not available on the original website may be subject to additional charges. Additional features include, but are not limited to, additional modules and integration of third -party software. 7. The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience fee, Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Client By: Name: Title: Date: Approved oq tib form Aftalrru V. CPA03.01.165-0001 CivicPlus By: .� Name: Title: T;krs inn Date: I l�i ZZ ] g - TEST: 1.1.0 w E ITER . FERRAIQL(] ty Clerk ClvicPlus • 302 S 4th Street, Suite 500 • Manhattan, KS 66502 • www.ClvlcPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 Exhibit A Page 2 of 5 A� of R 4 o 1 h� ,•• ti4 EXHIBIT ��F[7Rt Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. ERRORS AND OMISSIOUS I TECHNOWGY $1,000,000 Per Claim $2,000,000 Annual Aggregate Covering all acts, errors, omissions, negligence, network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence in the handling of confidential information, privacy perils, and including coverage for related regulatory defense and penalties; data breach expenses, and payable whether incurred by City of Lodi or Contractor, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for, or on behalf of, City of Lodi. Such insurance shall be maintained in force at all times during the term of the agreement and provide an Extended Reporting Period (ERP) for a period of one year thereafter, for services completed during the term of the agreement. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 at seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. An additional named insured endorsement is also required for Auto Liability. (b) FrImary and Non-contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 010413. Page 1 I of 2 pages j Risk: rev.03.2016 Exhibit 2 AMENDMENT NO. 1 CIVIC PLUS Professional Services Agreement THIS AMENDMENT NO. 1 TO AGREEMENT, is made and entered this c�ArcI day of —T%j,A, 2018, by and between the CITY OF LODI, a municipal corporation (hereinafter " ITY"), and CIVIC PLUS. (hereinafter "CONTRACTOR"). WITNESSETH: WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement ("Agreement") on February 13, 2018, as set forth in Exhibit 1 and attached hereto; 2. WHEREAS, CITY requested to amend said Agreement as set forth in Exhibit 2; and 3. WHEREAS, CONTRACTOR agrees to said amendments. NOW, THEREFORE, the parties agree to amend the Agreement and fees as set forth in Exhibit 2. CITY agrees to pay CONTRACTOR $7,000 for logo and branding development and $3,750 for Consulting. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation CIVIC PLUS STEP ABAU E: 'c [ h City Manager tl Of� Attest: ,,4f1!IFER . . Approved as toF rm: &L J N P. FLdKAsAwA D puty City Attorney Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES =: '►■:111: 1 Section 1.1 Parties THIS AGREEMENT is entered into onlFeb 13 2017, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and ICON Enterprises, Inc., a Kansas corporation, doing business in California as CivicPlus (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, a'Ittached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for website redesign and hosting service of the City's website (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 pF- Section 2.1 Sc_one of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services_ CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetlrlas CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.6 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on February 7th, 2018 and terminates upon the completion of the Scope of Services or on February 7th, 2021 whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit A and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method -of Pagment CONTRACTOR shall submit invoices for completed work as agreed upon in Exhibit A. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Q= The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 Pt �► �� �► Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA CoMnliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Notwithstanding the foregoing, CITY warrants and agrees that ongoing ADA Section 508 compliance as it relates to CITY's web presence shall be the ongoing responsibility of CITY. Section 4.3 Indemnification and Hespoi3sUlity fg2r Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Wu Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Reauiremel3ts for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Asians CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 To CONTRACTOR: Civic Plus 302S.4 th Street, Suite 500 Manhattan, KS 66502 Section 4.9 C000erationofCIT CITY shall cooperate fully and in a timely manner In providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Ernoloyee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as ah independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to 5 Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment ofthe services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least sixty (60) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City L*�pnse Reggirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 CaotIons The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modifiggjjsg This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 QgntractTgrrns Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Docutnents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Alljhgft The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST: x - AAAA 1 JEIFFR M. ERRAIOL �I STECHWADAIJItRR lark City Manager APPROVED AS TO FORM; JANICE D. MAQDICH, City Attorney r31'�_ Attachments: Exhibit A - Scope of Services Exhibit B - Insurance Requirements Funding Source: Doo ID: CA:Rev.01.2015 (Business Unit & Account No.) 8 ICON Enterpdses,lnc. doing business in California as CIVICPLUS, INC. By: Name: Lxne vin c Title: t C ;) Exhibit A for Lodi, CA Exhibit A - CivicPlus Statement of Work #1 Project Development and Deployment • First Year Annual Services (Initial GCMS® upgrades, maintenance, support and hosting) • Server Storage not to exceed 25 GB • Services and Deliverables as described In Addendum 1 $81,597 • Up to 900 pages of content migration from www.ladi.goy • Ongoing recurring 48 -month redesign, as described in Addendum 2 • 3 Years of Agendas & Minutes in PDF or DOC format migrated • 4 Days Onsite Implementation Training for up to 1.2 Client Staff Members _....rain.._.. ._...__....... Project Enhancements • 4 Days Onsite Navigate Consulting a SSL Certificate LDAP • CivicEngage Media with 10 GB additional storage • CivicEngage Send Included • CivicEngage Mobile • MobileAdmin App for Alert Center • Design Essentials • Intranet Subsite (includes annual services with SSL certificate and 20 pages of content migration) Annual Services (Continuing GCMS® Enhancements, Maintenance, Support and Hosting) $7,860 Billed 12 months from SOW signing;. sabjegt to annual 5% increase year 4 and be and Total Annual Services $7,860 At the request of Client, CivicPlus agrees to redistribute their standardized pricing as follows: CivicPlus Advantage tat Year 2nd Year 3`d Year Annual Investment Payments $32,439 $32,439 $32,439 1. Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by and between Client and CivicPlus, to which this SOW #1 is hereby attached 2. This SOW #1 shall remain in effect for an initial term of three years (36 months) ("the SOW #1 Initial Term") from signing. In the event that neither party gives 60 days' notice to terminate prior to the end of the Initial or any subsequent renewal term, this Agreement will automatically renew for an additional 1 -year Renewal Term. 3. Invoicing shall begin upon the date of signing of this SOW #1 as detailed in CivicPlus Advantage Annual Investment Payments, Subsequent Annual Investment Payments shall be invoiced on the dates of signature of their respective calendar years. 4. Renewal Term Annual Services shall be invoiced on the date of signature of relevant calendar years. Annual services, including but not limited to hosting, support and maintenance services, shall be provisioned in accordance with Addendum 3 to this SOW #1 and shall be subject to a 5% annual increase beginning in Year 4 of service. 5. Client allows CivicPlus to display a "Government Websites by CivicPlus" insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this SOW #1 assumes such perpetual permission. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.Civ!cPlus.com Toll Free 880.228-2233 - Accounting EA 291 • Support Ext. 307 • Fax 765-587-8951 V. CPA03.01.165-0001 Exhibit A Page 1 of 5 CP Exhibit A for Lodi, CA Addendum 1 to Exhibit A.1 - Project Development Division of Work Kick -Off Deliverable: Project Timellne, training jump start information, online forms, klck-off meeting CivicPlus will: • assign a project manager to this project • conduct a Project Kick-off to review awarded contract • establish communication plan for the duration of the project effort • work with Client to identify all key internal and external project stakeholders • develop project tlmellne • provide access to CivicPlus University (online training manuals, videos and other resources) for the Client staff Phase 1: Website Optimization 22LPv_grab1e: Website Optimization Meeting CivicPlus will: • communicate status to Client, key stakeholders and personnel via smalls or phone calls as needed • review the goals and expectations submitted on the forms Client completed to ensure Client needs are clearly understood • gather preliminary design data for use Client will: • complete the following prior to Phase 1: Website Optimization Form, Content Form, and DNS Worksheet • review and approve of project timeline within 5 business days • attend a kick-off meeting with key stakeholders or decision makers • if modifications are required after the review of the Initial project timeline, Client has 10 business days to address the modifications and come to a consensus • approve the project timeline (limited to two reviews) prior to proceeding with the project • update the current primary live website content and delete any pages from the website that are no longer wanted or needed Client will provide: • statistics from the current website from the past 12 months (optional) • pictures to be used in the overall design of the new website • a list of all divisions and/or departments within the organization • a list of third -party and in-house developed applications presently being utilized on the current website • a site map or outline of the current website's navigational structure if possible • a list of any content on the current primary website that must remain as Is (verbatim) because of legal requirements Phase 2: Design Presentation Deliverable: Website grayscale layout and mood board color pallet presentation CivicPlus will: • present one custom layout in grayscale form and one mood board color palette based on the goals determined in the previous phase. The presented layout will show the placement of the navigation, graphic button and feature areas, The mood board will reflect the color and imagery that will represent the tone of the design • begin development of the website design upon layout and mood board approval V. CPA03.01.165-0001 I Client will: • approve one layout and the mood board • review marketing packet material and guidelines • Website Layout billing milestone complete CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.ClvlcPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 Exhibit A Page 3 of 5 C p Exhibit A for Lodi, CA Phase 3: Website Reveal Deliverable: Website design and production website, CivicPlus will: • present a fully functional website on a production URL • migrate content pages to the production URL as described in Exhibit A. t Statement of Work. • conduct a quality review of the website to ensure the functionality and usability standards are met ■ work with Client to prepare for training • migrate Agendas 8, Minutes in Microsoft Word. DOC or Adobe PDF format as described in Exhibit A.1 Statement of Work, Client will: I • evaluate the website design and content and provide CivicPlus with feedback • collaborate with CivicPlus on proposed changes • revise the design according to the approved timeline • if revised design changes are requested after the design approval timeline date, the project's Go Live date will be adjusted out (training and billing milestones will remain as per approved tlmeline) • provide CivicPlus will all the necessary DNS items identified for the website Phase 4: Website Review & Training (See Exhibit A.1 Statement of Work for details) Deliverable: Train System Administrator(s) on GCMS® Administration, permissions, setting up groups and users, module administration. Basic User training on pages, module entries, applying modules to pages. Applied use and usability consulting to result in effective communication through your website. CivicPlus will: • provided training to Client before the website goes live • train staff members based on internal daily tasks and workflow • train staff members on how to use the GCMS®, update content pages and modules Client will: • provide a location for training in Client with Internet access • provide computers for staff to be trained on • Phase 4: Training billing milestone complete Phase 5: Go Live PAiv rr$ble: Custom website launched to the public. CivicPlus will: • address system issues and bugs that Client finds • redirect the domain name to the newly developed website as per approved timeline Client will: • test and update the final site as per approved timeline • notify CIvlcPlus on any system issues or bugs found in the website CivicPlus • 302 S, 4th Street, Suite 500 • Manhattan, KS 66502 • www.ClvlcPlus.com Exhibit A Page 4 of 5 V. CPA03.01.165-0001 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 - Fax 786-587-8951 C ;) Exhibit A for Lodi, CA Addendum 2 to Exhibit A.1 - Redesign Details • New design for all items originally contracted for (main site, department headers and subsites) • Redevelop banner • Redevelop navigation method (may choose top drop-down or other options) • Design setup - wireframe • Redevelop graphic elements of website (Newsflash, FAQs, Calendar, etc.) • Project Management • Testing • Review • Content Migration — Includes retouching of all existing published pages to ensure proper formatting, and application of new site styles. Note: Content will not be rewritten, reformatted or pages broken up (shortened or re -sectioned) Site styles and page layouts will be touched so all pages match the new design and migrate cleanly Spelling and broken links will be checked and reported if unable to correct ClvlcPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivlcPlus.com Toll Free 888-228-2233 - Accounting Ext. 291 - Support Ext. 307 - Fax 785-587.8951 V. CPA03.01.165.0001 Exhibit A Page 5 of 5 C' Exhibit A for Lodi, CA Addendum 3 to Exhibit A — Hosting, Support and Service Level Agreement Hosting Details Data Center Highly Reliable Data Center • Managed Network Infrastructure • On -Site Power Backup & Generators • Multiple telecom/network providers • Fully redundant Network • Highly Secure Facility • 2417/365 System Monitoring Hosting Bandwidth Disaster Recovery DDoS Mitigation V. SLA03.01.16-0001 Automated GCMS® Software Updates Server Management & Monitoring Multi -tiered Software Architecture Server software updates & security patches Database server updates & security patches Antivirus management & updates Server -class hardware from nationally recognized provider Redundant firewall solutions High performance SAN with N+2 reliabillty Multiple network providers in place Unlimited bandwidth usage for normal buslness operations (does not apply In the event of a cyber attack) 22 Gb/s burst bandwidth Emergency After-hours support, live agent (24/7) On-line status monitor at data center Event notification emalls Guaranteed recovery TIME objective (RTO) of 8 hours Guaranteed recovery POINT objective (RPO) of 24 hours Pre-emptive monitoring for disaster situations Multiple data centers Geographically diverse data centers Defined DDoS Attack Process • Identify attack source • Identify type of attack • Monitor attack for threshold engagement Addendum 4 Page 1 of 4 CIvlcPlus • 302 S. 4th Street, Suite 500 - Manhattan, KS 66502 • www.Clvlcplus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 ~ p Exhibit A for Lodi, CA Support and Maintenance Support Services CivicPlus' on-site support team is available from 7:00 am to 7:00 pm CT to assist clients with any questions, concerns or suggestions regarding the functionality and usage of ClvicPlus' GCMS® and associated applications. The support team is available during these hours via CivlcPlus' toll-free support number and e-mail. Support personnel will respond to calls as they arrive (under normal circumstances, if all lines are busy, messages will be returned within four hours; action will be taken on e-mails within four hours), and if Client's customer support liaison is unable to assist, the service escalation process will begin. Emergency support is available 24 -hours -a -day for designated, named Client points -of -contact, with members of both CivlcPIus' project management and support teams available for urgent requests. Emergency support is provided free -of -charge for true emergencies (ie: website is down, applications are malfunctioning, etc.), though Client may incur support charges for non- emergency requests during off hours (is: basic functionality / usage requests regarding system operation and management). The current discounted rate Is $175/hour. CivicPlus maintains a customer support website that is accessible 24 -hours -a -day with an approved client username and password. Service Escalation Processes In the event that CivicPlus' support team is unable to assist Client with a request, question or concern, the issue is reported to the appropriate CivicPlus department. Client requests for additional provided services are forwarded to CivicPlus' Client Care personnel. Client concerns/questlons regarding GCMS® or associated application errors are reported to CivlcPlus' technical team through CivicPlus' issue tracking and management system to be addressed in a priority order to be determined by CivicPlus' technical team All other requests that do not meet these criteria will be forwarded to appropriate personnel within CivicPlus' organization at the discretion of the customer support liaison. Inc Su 7 a.m. — 7 p.m. (CST) Monday — Friday (excluding holidays) 2417 Emergency Support Dedicated Support Personnel Usability Improvements Integration of System Enhancements Proactive Support for Updates & Fixes Online Training Manuals Monthly Newsletters Routine Follow-up Check -ins CivicPlus Connection V. SLA03.01.16-0001 Maintenance of CivicPlus GCMS® Install Service Patches for OS System Enhancements Fixes Improvements Integration Testing Development Usage License CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 - www.CiviePlus.com Toll Free 888-228-2233 - Accounting Ext. 291 - Support Ext. 307 - Fax 785-587-8951 Addendum 4 Page 2 of 4 C ;) Exhibit A for Lodi, CA CivicPlus Service Level Agreement CivicPlus will use commercially reasonable efforts to make the GCMS® available with a Monthly Uptime Percentage (defined below) of at least 99,9%, in each case during any monthly billing cycle (the "Service Commitment"), In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the CGMS, was "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion (defined below). • "Unavailable" and "Unavailability" mean: o The HTML of the home page of the site is not delivered In 10 seconds or less 3 times in a row when tested from inside our network and returns a status of 200. o The Main page of the site returns a status other than 200 or 302 3 times in a row. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account, Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the month, beginning with the first full month of service, in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.9% 1 % of one month's fee We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from CivicPlus. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. Credit Request and Payment Procedures To receive a Service Credit, you must submit a claim by opening a case with Support. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: 1. the words "SLA Credit Request" in the subject line; 2. the dates and times of each Unavailability incident that you are claiming; 3. the affected Site domains; and 4. Any documentation that corroborate your claimed outage. If the Monthly Uptlme Percentage of such request Is confirmed by us and Is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of GCMS®, or any other GCMS® performance issues: (i) that result from a suspension; (il) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CIVICPIus; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any maintenance as provided for pursuant to the Client Agreement; or (vi) arising from our suspension and termination of your right to use the GCMS® in accordance with the Client Agreement (collectively, the "SLA Exclusions"), If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion, Addendum 4 Page 3 of 4 CIvlcPlus • 302 S. 4th Street, Suite 500 - Manhattan, KS 66502 - www.ClvlcPlus,com Toll Free 888-228.2233 • Accounting Ext. 291 - Support Ext. 307 • Fax 785.587-8951 V. SLA03.01.16-0001 C ;) Exhibit A for Lodl, CA Disaster Recovery Feature Service Commitment CivicPlus will use commercially reasonable efforts to insure that in the event of a disaster that makes the Primary data center unavailable (defined below) Client site will be brought back online at a secondary data center (the "Service Commitment"). In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below Definitions • "Datacenter availability" is determined by inability to provide or restore functions necessary to support the Service. Examples of necessary functions include but are not limited Cooling, Electrical, Sufficient Internet Access, Physical space, and Physical access. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. • Recovery Time Objective (RTO) is the most anticipated time it will take to bring the service back online in the event of a date center event, • Recovery Point Objective (RPO) the amount of data lost that is considered acceptable. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the month accordance with the schedule below. Recovery Time Objective Service Credit Percentage 8 Hours 10% of one month's fee Recovery Point Objective Service Credit Percentage 24 Hours 10% of one month's fee CIvIePlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www_ClvicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785.587.8951 V, SLA03,01.16-0001 Addendum 4 Page 4 of 4 Exhibit A for Lodi, CA 6, After forty-eight (48) months of continuous service, Client Is entitled to a no -cost redesign, details noted In Addendum 2. Redesigns that include additional features not available on the original website may be subject to additional charges. Additional features Include, but are not limited to, additional modules and Integration of third -party software. 7. The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience fee. Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined In this Agreement. Client min'► ► r �. Title:., - Date: Approved as 1torn AllWW TEST E IFER . FERRAIDLO Cleric CIVIcPIue BV: (3--40 Name; Rnajo m Da Title: �.f'�i�+�•f -(�l f Date. E2j 7 (al I Exhibit A Page 2 of 5 ClvlcPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 86502 • www.ClvlcPlus.com Toll Free 888-2282233 • Accounting Ext. 291 • Support Ext. 307 - Fax 785.587-8951 V. CPA03,01,165-0001 �7 r .SoEXHIBITd n� �v f q! +Fntiti1' Insurance Requirements for contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or Indirectly employed by either of them, and the amount of such insurance shall be as follows: CQMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate COMP EHENSIVE AUTOMOBILE LI !I ITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shell be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form, ERRORS AND OMISSIONS I TECHNOLOGY $1,000,000 Per Claim $2,000,000 Annual Aggregate Covering all acts, errors, omissions, negligence, network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence In the handling of confidential information, privacy perils, and including coverage for related regulatory defense and penalties; date breach expenses, and payable whether incurred by City of Lodi or Contractor, including but not limited to consumer notification, whether or not required by law, computer forensic Investigations, public relations and crisis management firm fees, credit file or Identity monitodng or remediation services in the performance of services for, or on behalf of, City of Lodi. Such insurance shall be maintained In force at all times during the term of the agreement and provide an Extended Reporting Period (ERP) for a period of one year thereafter, for services completed during the term of the agreement. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self -Insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove, Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It Is required that any available insurance proceeds broader than or In excess of the specified minimum Insurance coverage requirements and/or limits set forth above, shell be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in these Insurance requirements; or (II) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any Insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which Is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 at seq.). A copy of the certificates) of insurance with the following endorsements shall be furnished to the City: (a)dditi n' I an I ured I n rs Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) such Insurance as Is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named Insureds. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non-ConlriWtory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's Insurance or self-insurance and shall be at least as broad as ISO form CG 20 010413. Page 1 I of 2 pages Risk; rev,03.2016 CIVICADVISE A Product of ClvlcPlue Exhibit 2 Not to exceed $14,500 CivicAdvise Consulting Uncover the critical components of your website 1. Envision Gain a complete picture. Determine where you are and where you want to go. 3. Align Research is a one -day staff engagement paired with one -day of consultant behind -the -scenes analysis. 4. Navigate It is designed to review data and expose the critical components needed to ensure end-users have 5. Optimize easy access to the material they need on the website. Attendees leave with the knowledge of what needs to be on their website (both design and content) and the ability to make data -driven decisions about the direction of the website. Research Deliverables r Usage analytics report Who is this course for? Web team or other appropriate stakeholders. ■ Needs analysis A successful website implementation and integration means that stakeholders have taken the time to ■ Citizen survey deployed understand their audience's needs and have made a plan to address those needs via the website. r Citizen survey results report r Integration needs assessment report ■ Get citizen feedback. Deploy a citizen and/or employee survey to hear from end users and better understand their needs. Let them tell you where you're falling short and where they hope Better together you establish areas for improvement or future development. This is best when combined with Align and Navigate consulting. M Conduct a gap analysis. Analyze current citizen interaction data (website, call logs and foot traffic) to find out how citizens are reaching you and what information they need. r Establish an Integration Plan. Gather information about 3rd party applications that need to be replaced by or integrated into your new website. Avoid potential impediments at the end of the project. What is the price? This two-day consultation starts at $7,500. Virtual, multi -week, or multi-year consultations are available. 0 How Can We Help You? CivicPlus will help you identify goals and sustainment plans for your website project. Contact us to learn more about CivicAdvise today. 888-228-2233 x888 I info®civicplus.com CP CIVICPLUS HELPING COMMUNITIES ENGAGE & INTERACT Renewal Estimate Bill To Andrew Keys City of Lodi PO Box 3006 221 W. Pine St. Lodi CA 95241 Remit to: 302 S 4th St. Suite 500 Manhattan, KS 66502 P 888-228-2233 F 785-587-8951 Order # Date Terms PON Contract Start Date Contract End Date Shipping Code (2) 29227 3/21/2018 Net 30 2/14/2018 2/13/2021 This estimate Is provided to you as a best faith approximation of the annual fees for your next renewal period. It is aubject to change based on contract ameridments and any activity that occurs before the start of your next renewal period. A formal invoice will be sent per contractual terms. 6 3 Days Virtual Consulting (6 - half-day blocks) 625.00 3,750.00 3/21/2018 Approved by Benjamin Buecher Total $3,750.00 Website logo and Branding The logo and branding package includes the initial consultation, evaluation of current logo, branding discussions, a portrait and landscape logo setup (for approved mark), supporting file types for digital and print reproduction, and a branding style guide that can be utilized to further expand your new brand. Your branding style guide will also ensure the proper use of your logo and colors for internal team members and stakeholders. Deliverables: • Logo & Wordmark • Colors • File -formats for print and digital reproduction Brand Standards Guide 302 S. 41h Street I Manhattan, KS 66502 1 888.228.2233 1 www.civicplus.com P CP CIVICPLUS HELPING COMMUNITIES ENGAGE & INTERACT Invoice BIII To Andrew Keys City of Lodi PO Box 3006 221 W. Pine St. Lodi CA 95241 I Full Branding Package Approved via email by Benjamin Buecher on 3/9/2018 Remit to: 302 S 4th St. Suite 500 Manhattan, KS 66502 P 888-228-2233 ext 291 F 785-587-8951 Invoice # 170787 Date 3/21/2018 Terms Net 30 Due Date 4/20/2018 PO # Contract Start Date 2/14/2018 Contract End Date 2/13/2021 Shipping Code (2) 7,000.00 7,000.00 3/12/2018 Total 7,000.00 Amount Due $7,000.00 Did you know? We now accept AC payments. If you are interested, please email accounting@clvlcplus.com or call (785) 370-7830. A Finance Charge of 1.5% Per Month Will Be Added To Past Due Accounts. PAYMENT POLICY: Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). CP CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 us Client: Lodi CA - CivicOptimize EXHIBIT 3 Quote #: Date: Expires On: Product: Bill To: Lodi CA - CivicOptimize Q-09964-1 6/18/2020 3:29 PM 1/31/2021 CivicOptimize SALESPERSON I Phone I EMAIL DELIVERY METHOD PAYMENT METHOD Dalton Piecukonis 785-323-4771 piecukonis@civicplus.com I Net 30 CivicOptimize - Statement of Work QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 1.00 Productivity Starter System Productivity Starter System Annual Fee: 50 staff app Renewable Annual Fee users; 15,000 app user submissions / month 3.00 Productivity System Training (4h, Productivity System Training (up to 4h, virtual) One-time virtual) 1.00 Productivity Consulting (4h, Productivity System Consulting (up to 4h, virtual) One-time virtual) ListPrice Year rTotal USD 39,361.64 936A6A Total Investment - Year 1 USD 19,565.17 Annual Recurring Services — Year 2 USD 16,000.02 Total Days of Quote:395 1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at ("MSA"), to which this SOW is hereby attached as the CivicOptimize Statement of Work. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW. 2. This SOW shall remain in effect for an initial term beginning at signing and ending on February 13, 2022 ("Initial Term"). In the event that neither party gives 60 days' notice to terminate prior to the end of the Initial Term or any subsequent Renewal Term, this SOW will automatically renew for an additional 1 -year renewal term ("Renewal Term"). The Initial Term and all Renewal Terms are collectively referred to as the "Term". 3. The Total Investment - Year 1 will be invoiced at signing of this SOW. Client will pay all invoices within 30 days of the date of invoice. V. PD 06.01.2015-0048 Page 1 of 3 4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in the third year of service. 5. Client understands CivicPlus shall have no obligation to provide the Services or maintain Client data, information or other material after this SOW is terminated or if Client's accounts are past due and unpaid, as set forth in the MSA. 6. Client's use of the Services is subject to the Acceptable Use Policy set forth at https://www.civicoptimize.civiolus. help/hc/en-us/ardcles/36004.6849654-Acceptable-Use-Pal icy. 7. Client has reviewed the Service Tier options attached to this SOW as Addendum 1 and understands the features and functionality included with the Client's selected option. Addendum 1 attached hereto is intended to inform Client of inclusions and limitations of the Service Tier selected. Client relies on its own skill and judgment in selecting the appropriate Service Tier and acknowledges that it has received no promise, guarantee, representation, warranty or undertaking regarding profitability or any consequence or benefit to be obtained from the Service. 8. Client understands and agrees that the Client is solely responsible for the content and type of data stored for its end users and/or constituents. CivicPlus implements industry standard data protection for stored data; however, the Productivity services contracted for herein (the "Services") are not intended to store personally identifiable information ("PII"), personal health information ("PHI"), payment card industry information ("PCI") or any other financial data. CivicPlus strongly discourages Client from soliciting and storing PII and PHI within the Services and prohibits Client from soliciting and storing any PCI or any other financial data within the system. CivicPlus cannot monitor and control Client's actions; therefore, in the event Client solicits and stores any PII, PHI, PCI or other financial data, it is at Client's sole discretion and risk. Client as the data owner, and not CivicPlus, is solely responsible for the applicable laws and regulations regarding any data breach involving such data, including breach notification and credit monitoring requirements. 9. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, CIVICPLUS MAKES NO REPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE CLIENT WITH RESPECT TO ANY TECHNOLOGY OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. Signature Page to Follow. V. PD 06.01.2015-0048 Page 2 of 3 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the MSA terms and conditions found at: https:/Iwww.civicplus.cam/master-services-a..greemegt. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: By: Name: Name: Title: Title Date - Date: V. PD 06.01.2015-0048 Page 3 of 3 PRODUCTIVITY Package Details W �. ) Ln Z O H V Z LL 4A J O O W C CIVICOPTIMIZE External Systems Integration — (CP) SDK CLI Tools - custom API h CLI Tools - web or CDN h Webhooks for Form Sub Y Y Y Y osting mission BASE STARTER BUSINESS ENTERPRISE App Users n/a 50 250 1,000 App User Submissions (monthly) n/a 15,000 50,000 100,000 System Environments 3 unlimited unlimited unlimited Citizen App Users unlimited unlimited unlimited unlimited Custom Domain Name included included Management Console Y Y Y Y User Management Y Y Y Y Analytics Dashboard Y Y Y Y High -Availability Infrastructure Y Y Y Y Create no -code forms, info pages Y Y Y Y Deploy as FaaS Y Y Y Y Generate and publish PWAs (Apps) Y Y Y Y Generate form submission PDF Y Y Y Y Offline mode Y Y Y Y Active Directory Integration/ AuthO Integration I Y Y HPE Content Manager Integration Y Y Y Power Automate Integration Y Y Y External Systems Integration - Custom N y Y Y External Systems Integration — (CP) SDK CLI Tools - custom API h CLI Tools - web or CDN h Webhooks for Form Sub Y Y Y Y osting mission N Y Y Y N Y Y Y osting N Y Y Y N Y Y Y CivicOptimize Productivity Package Details • Page 1 of 1 Organization Street Address Address 2 Contact Information .all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. URL City State Postal Code CivicPlus provides telephone support for all trained clients from 7am —7pm Central Time, Monday -Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Email Emergency Contact & Mobile Phone Ext. Fax Emergency Contact & Mobile Phone Email Billing Contact E -Mail Phone Ext. Fax Billing Address Address 2 City State Postal Cocke- odeTax TaxID # Sales Tax Exempt #� Billing Terms Account Rep Info Required on Invoice (PO or Job #) Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ] Please list all external sources: Contract Contact Email Phone Ext. Fax Project Contact Email Phone Ext. Fax V. PD 06.01.2015-0048 Page 1 of 1 Service & License Renewal Agreement for LODI, CA Services Renewal Agreement Terms & Conditions 1. CivicPlus, LLC, d/b/a CivicPlus ("CivicPlus") will provide website support, maintenance and hosting for LODI, CA ("Client") that includes all functionality as defined in this agreement ("Agreement"). 2. The terms and conditions of this Services Renewal Agreement are intended to continue those relevant terms of the services agreement for services signed between the Client and CivicPlus Billing & Payment Terms 3. Fees for CivicPlus Annual Support, Maintenance & Hosting services shall be invoiced on February 14 of Renewal Years, beginning February 14, 2021. 4. If the Client's account exceeds 60 days past due, Support will be discontinued until the Client's account is made current. If the Client's account exceeds 90 days past due, Annual Support, Maintenance & Hosting will be discontinued until the Client's account is made current. Client will be given 30 days notice prior to discontinuation of services for non-payment. 5. The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience fee. 6. Provided the Client's account is current, at any time the Client may request an electronic copy of the website graphic designs, the page content, all module content, all importable/exportable data, and all archived information ("Customer Content"). Client agrees to pay $250 per completed request. 7. Client acknowledges and agrees that certain services for which Client is contracting hereunder may be rendered by or with third - party providers under contract with CivicPlus. Agreement Renewal 8. This Agreement term extends the original services agreement for another year. 9. Either party may terminate the Annual Support, Maintenance & Hosting Agreement at the end of the contract term by providing the other party with 60 days written notice, prior to the contract renewal date. 10. In the event that neither party gives 60 days notice prior to the end of the initial or any subsequent term, this Agreement will automatically renew for an additional contract term. 11. In the event of early termination of this Agreement by the Client, full payment of the remainder of the contract is due within 15 days of termination. 12. Each year this Agreement is in effect, a technology investment and benefit fee of 5 percent (%) of the total Annual Support, Maintenance & Hosting costs will be applied. Support 13. CivicPlus will provide unlimited telephone support Monday -Friday, 7:00 am — 7:00 pm (Central Time) excluding holidays, for all trained Client staff. Emergency Support is provided on a 24/7/365 basis for emergency contacts named by the Client. Client is responsible for providing CivicPlus with contact updates 14. Support includes providing technical support of the CivicEngage software, application support (pages and modules), and technical maintenance of Client's website. Client may request, at any time, additional page design, graphic design, user training, site modification, and custom programming to be contracted separately for an additionalfee 15. During the period of this Agreement and subsequent annual renewals, CivicPlus warrants that it will, without additional charge to the Client, take action to correct any problems or defects discovered in the CivicEngage software and reported to CivicPlus by the Client, such warranty to include ongoing maintenance upgrades and technical error correction. Page 1 of 3 CivicPlus • 302 S. 4'^ Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 Cp Service & License Renewal Agreement for LODI, CA 16. CivicPlus provides online website statistics software at no extra charge. If Client desires to use other website statistic software, CivicPlus will provide the necessary log file access. Intellectual Property, Ownership & Content Responsibility 17. Client owns the Customer Content, defined as website graphic designs, webpage or software content, module content, importable/exportable data, and archived information. Client will not own the CivicEngage software or its associated applications and modules. 18. Client assumes full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 19. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the CivicEngage software in any way; (ii) modify or make derivative works based upon the CivicEngage software; (iii) create Internet "links" to the CivicEngage software or "frame" or "mirror' any GCMS® administrative access on any other server or wireless or Internet -based device; or (iv) reverse engineer or access the CivicEngage software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the CivicEngage software, or (c) copy any ideas, features, functions or graphics of the CivicEngage software. 20. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the CivicEngage software are trademarks of CivicPlus, and no right or license is granted to usethem. Taxes 21. It is CivicPlus' policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and this agreement will not be taxed. If the Client's state taxation laws change, the Client will begin to be charged sales tax in accordance with their jurisdiction's tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes. Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Client CivicPlus Date Date Sign and E-mail the entire contract with exhibits to: Contracts(a7CivicPIus. cam We will e-mail a counter -signed copy of the contract back to you so we can begin your project. CivicPlus does not require a physical copy of the contract, however, if you would like a physical copy of the contract, mail one (1) copy of the contract with original signature to: CivicPlus Contract Manager 302 S. 411 Street, Suite 500 Manhattan, KS 66502 Upon receipt of signed original, we will counter -sign and return the copy for your files. CivicPlus • 302 S. 411 Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Page 2 of 3 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 CService & License Renewal Agreement for LODI, CA Annual Support, Maintenance and Hosting Fee 2021 Total Annual Support, Maintenance and Hosting Fee Effective February 14, 2021 through February 13, 2022 • Hosting & Support • CivicMedia + 10GB Storage • LDAP Annual Fee • Subsite Annual Fee • CivicSend • Custom Mobile App • SSL • Website Recurring Redesign Annual Fee • Additional SMS Subscribers (Block of 500) Total Annual Support, Maintenance and Hosting Fee live February 14, 2022 through February 13, 2023 • Hosting & Support • CivicMedia + 10GB Storage • LDAP Annual Fee • Subsite Annual Fee • CivicSend • Custom Mobile App • SSL • Website Recurring Redesign Annual Fee • Additional SMS Subscribers (Block of 500) 3 Total Annual Support, Maintenance and Hosting Fee ctive February 14, 2023 through February 13, 2024 • Hosting & Support • CivicMedia + 10G13 Storage • LDAP Annual Fee • Subsite Annual Fee • CivicSend • Custom Mobile App • SSL • Website Recurring Redesign Annual Fee • Additional SMS Subscribers (Block of 500) $9,197.00 $9,657.89 0,140.78 Annual Support, Maintenance & Hosting Service Include the Following: Support Maintenance of CivicPlus Hosting Application & Modules 7 a.m. — 7 p.m. (CST) Monday — Friday Install Service Patches for OS DNS Consulting & (excluding holidays) Maintenance 24/7 Emergency Support Fixes Monitor Bandwidth -Router Traffic Dedicated Support Personnel Improvements Redundant ISP 4 -hour Response During Normal Hours Integration Redundant Cooling Usability Improvements Testing Diesel Powered Generator Integration New & Upgraded Services Development Daily Tape Backup Proactive Support for Updates & Fixes Usage License Intrusion Detection & Prevention Online Training Manuals Upgrades Antivirus Protection Monthly Newsletters Upgrade Hardware Routine Follow-up Check -ins Shared Web/SQL Server Page 3 of 3 CivicPlus • 302 S. 4'h Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 RESOLUTION NO. 2021-28 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CIVICPLUS, OF MANHATTAN, KANSAS, EXTENDING TERM AND INCLUDING ADDITIONAL WEB AND ONLINE SERVICES ------------------------------------------------------------------------ ------------------------------------------------------------------------ WHEREAS, with the current pandemic, the City needs to modernize its approach to interacting with citizens; and WHEREAS, in February 2018 the City entered into a three-year Professional Services Agreement with CivicPlus for the redesign, development, and hosting of the City's website; and WHEREAS, CivicPlus is offering a new module, CivicOptimize, to add to the current service, CivicEngage. This service will allow the City the ability to put the majority of the PDF forms and applications online as fillable webpages. This will give customers ability to submit applications securely through the City's website; and WHEREAS, Civic Optimize will integrate with the content management system, CivicEngage, that currently powers the City's website and Intranet; and WHEREAS, Amendment No. 2 extends the current Professional Services Agreement for an additional three years and adds the CivicOptimize module to the hosted service. CivicEngage, the City's current service level, will be billed in three annual installments starting in February 2021 for $9,197 in year one; $9,657.89 for year two; and $10,140.78 for year three. The new CivicOptimize contract will be billed annually, year one for $19,565.17 will include setup fees and training; year two will be billed $16,000.00; and if the City chooses to auto renew the service, the cost will be subject to a 5% increase for year three, $16,800.00. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment 2 to the Professional Services Agreement for website services with CivicPlus, of Manhattan, Kansas, extending the term for an additional three years and including additional web and online services, in the amount of $81,360.84; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: February 3, 2021 I hereby certify that Resolution No. 2021-28 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 3, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JENNIFE CUSMIR City Clerk 2021-28