HomeMy WebLinkAboutAgenda Report - February 15, 2023 C-09CITY OF
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CALIFORNIA
AGENDA ITEM
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COUNCIL
COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No 3 with Civic Plus,
of Manhattan, KS, for Additional SMS Subscriptions and Staff Training ($5,000)
MEETING DATE: February 15, 2023
PREPARED BY: Information Technology Manager
RECOMMENDED ACTION. Adopt resolution authorizing City Manager to execute Amendment 3 of
Professional Service Agreement with Civic Plus, of Manhattan, KS, for
additional texting services for Notify Me module and staff training. ($5,000)
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. July of 2018, City Council approved resolution 2018-52 enacting Amendment
No. 1 for consulting services in developing the City's logo and branding, $7,000.. In February of 2021 the City
Council approved Resolution 2021-28 enacting Amendment No. 2, professional service agreement for an
additional three years and added CivicOptimize as a new service, $81,360.84.
The City utilizes a module in the Civic Plus platform called "Notify Me". This module uses texting services
(SMS) to deliver notices to staff and citizens who enroll to receive updates on change to the website or various
City calendars and events. This includes receiving SMS messages when the City posts emergency
notifications to the City's website.
This past fall, during the power outages, the City experienced an influx of citizens enrolling into the "Notify Me"
service. The City had exceeded its quota of SMS subscriptions for users to receive SMS messages. Staff
requested from Civic Plus to increase the number of subscribers by 2,000 for a total of 3,000 SMS subscribers,
in an effort to meet additional demand during the incident, $4,000.
Since the launch of the Civic Plus platform in 2017, there has been significant turnover of staff responsible for
maintaining the portions of the website. The responsibility of maintaining the pages are distributed to the
departments that own the content. New staff have moved into many of those roles and would benefit from
formal training by Civic Plus, $1,000.
APPROVED:
Stephen Schwabauer, City Manager
It is the staffs' recommendation to execute amendment No. 3 to expand the availability "Notify Me" in Civic Plus
platform to allow for an additional 2,000 subscribers, adding $4,000 to the overall contract. And purchase time
for additional training for new staff to become more efficient at managing the City's content on the website,
adding an additional $1000 to the overall contract, for a total contract of $86,360 over 3 years.
FUNDING 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 2022/23 Budget 10020400.72450.
Andrew Keys
Deputy City Manager/Internal Services Director
AMENDMENT NO. 3
CIVIC PLUS
Professional Services Agreement
THIS AMENDMENT NO. 3 TO AGREEMENT, is made and entered this
day of , 2023, by and between the CITY OF LODI, a municipal corporation
(hereinafter "CITY"), and CIVIC PLUS. (hereinafter "CONTRACTOR") -
VV I T N E S S E T H:
CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services
Agreement ("Agreement") on February 13, 2018, and on July 23, 2018 approved
Amendment No. 1, and on March 2, 2021 approved Amendment No. 2, Exhibit 1
attached hereto;
2. WHEREAS, CITY requested to amend said Agreement to add additional SMS
subscription services and staff training as part of services 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 $5,000 for additional SMS
subscriptions and staff technical training. All other terms and conditions of the
Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Amendment No. 3 on the date and year first above written.
CITY OF LODI, a municipal corporation CIVIC PLUS
STEPHEN SCHWABAUER NAME:
City Manager Title:
Attest:
JENNIFER CUSMIR
City Clerk
Approved as to Form
JANICE MAGDICH
City Attorney
EXHIBIT 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
Section 1.1 Parties
THIS AGREEMENT is entered into onkb I� 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 -SC -QM
OF SERVICES
Section 2.1 Scone 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 lime For ComMencementf 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
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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.
I-!
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 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 Audjtona
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.
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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 Comph
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 No Personal Liability
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.
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ti- :- •.i •
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 Requirements for CONTRACTO
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 AssAns
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
302 S. 411 Street, Suite 500
Manhattan, KS 66502
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 -Employee 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
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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 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 Applicable Severability. and 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.
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Section 4.14 City Dusiness License Reguiremen
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 Captions
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
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 Terms 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.
Section 4.20 Aute
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.
ATTEST:
J IFER M.fERRAIOLO
Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
try: r
Attachments:
Exhibit A — Scope of Services
Exhibit B — Insurance Requirements
Funding Source:
Doc ID:
CA:Rev.01.2015
(Business Unit & Account No.)
8
CITY OF LODI, a municipal corporation
s_
VAP 1f; 91:1
ICON Enterprises, Inc. doing business
in California as
CIVICPLUS, INC.
By:
Name: &n
Title: � F, 1, CA. ,
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.lodi.cL
• 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)
Total Fees Year 1 $81,597
Annual Services (Continuing GCMS® Enhancements, Maintenance, Support and Hosting) $7,860
Billed 12 months from SOW signingsubject to annual 5% increase year 4 and beyond
Total Annual Services .0
At the request of Client, CivicPlus agrees to redistribute their standardized pricing as follows
CivicPlus Advantage
1st Year
2nd Year
3rd 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
yea rs.
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.
Exhibit A Page 1 of 5
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
C ;) 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
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
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
Deliverable: Website Optimization Meeting
CivicPlus will:
• communicate status to Client, key stakeholders and
personnel via emails 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
• 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
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.CivicPlus.com
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
Exhibit A Page 3 of 5
CP Exhibit A for Lodi, CA
Phase 3: Website Reveal
Deliverable: Website design and production website.
CivicPlus will:
Client will:
• present a fully functional website on a production
• evaluate the website design and content and provide
URL
CivicPlus with feedback
• migrate content pages to the production URL as
• collaborate with CivicPlus on proposed changes
described in Exhibit A.1 Statement of Work.
• revise the design according to the approved timeline
• conduct a quality review of the website to ensure the
. if revised design changes are requested after the
functionality and usability standards are met
design approval timeline date, the project's Go Live
• work with Client to prepare for training
date will be adjusted out (training and billing
• migrate Agendas & Minutes in Microsoft Word.DOC
milestones will remain as per approved timeline)
or Adobe PDF format as described in Exhibit A.1
• provide CivicPlus will all the necessary DNS items
Statement of Work.
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: 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
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext 307 • Fax 785-587-8951
V. CPA03.01.165-0001
Exhibit A Page 4 of 5
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 P Exhibit A for Lodi, CA
Addendum 3 to Exhibit A — Hosting, Support and Service Level Agreement
Hosting Details
Data Center
0
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
0
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
Bandwidth
.
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
Disaster Recovery
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
DDoS Mitigation
a
Defined DDoS Attack Process
■ Identify attack source
Identify type of attack
■ Monitor attack for threshold engagement
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
►•may ri T0x11s E RK111111
Addendum 4 Page 1 of 4
C 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 CivicPlus' 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:
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
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 2 of 4
PExhibit 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 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 GCMS®, or any other GCMS® 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 CivicPlus.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 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 S1A03.01.16-0001
Addendum 4 Page 4 of 4
CP 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
Name:1 r 1•
r
s
Date: a
Appre"d w to
ATTEST:
N1FER FER 1DLO
k Clerk
V CPA03.01.165-0001
CivicPlus
By: r
Name: a'in Tf
Title:
Date:
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
Exhibit A Page 2 of 5
i
EXHIBIT C
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:
1. 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.
5. 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; 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 et 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) Primary 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
01 0413.
Page 1 I of 2 pages Risk: rev.03.2016
AMENDMENT NO. 1
CIVIC PLUS
Professional Services Agreement
THIS AMENDMENT NO. 1 TO AGREEMENT, is made and entered this rot
day of , 2018, by and between the CITY OF LODI, a municipal corporation
(hereinafter " ITY"), and CIVIC PLUS. (hereinafter "CONTRACTOR").
W I T N E S S E
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 [
City Manager M . 6f
Attest:
- j. - a 10 L •
y Cl
Clerk
Approved as to F rm:
&L
J N P. F KASAWA
D puty City Attorney
CIVI CADVIS E
■ "► A Product of CivicPlue
Exhibit 2
Not to exceed $14,500
CivicAdvise Consulting
1. Envision
3. Align
4. Navigate
5. Optimize
Research Deliverables
■ Usage analytics report
■ Needs analysis
■ Citizen survey deployed
■ Citizen survey results report
■ Integration needs assessment report
Better together
This is best when combined with Align
and Navigate consulting.
Uncover the critical components of your website
Gain a complete picture. Determine where you are and where you want to go.
Research is a one -day staff engagement paired with one -day of consultant behind -the -scenes analysis.
It is designed to review data and expose the critical components needed to ensure end-users have
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.
Who is this course for? Web team or other appropriate stakeholders.
A successful website implementation and integration means that stakeholders have taken the time to
understand their audience's needs and have made a plan to address those needs via the website.
r 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
you establish areas for improvement or future development.
* 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.
* 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
PO #
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 subject
to change based on contract amendments and any activity that occurs before the start of your next renewal period. A
formal invoice will be sent per contractual terms.
Date End Date 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. 4th Street I Manhattan, KS 66502 1 888.228.2233 1 www.civicplus.com
C P
Ca
CIVICPLUS
HELPING COMMUNITIES ENGAGE & INTERACT
Invoice
Bill To
Andrew Keys
City of Lodi
PO Box 3006
221 W. Pine St.
Lodi CA 95241
1 1 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 #
Date
Terms
Due Date
Po #
Contract Start Date
Contract End Date
Shipping Code (2)
170787
3/21/2018
Net 30
4/20/2018
2/14/2018
2/13/2021
Total 7,000.00
Amount Due $7,000.00
Did you know? We now accept ACH payments.
If you are interested, please email accounting@civicplus.com or call (785) 370-7830.
A Finance Charge of 1.5% Per Month Will Be Added To Past Due Accounts.
PAYMENT POLICY: Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s).
AMENDMENT N0, 2
CIVIC PLUS
Professional Services Agreement
THIS AMENDMENT NO./ O AGREEMENT, is made and entered this
day of f_, 2021, by and between the CITY OF LODI, a municipal corporation
(hereinafter "CITY"), and CIVIC PLUS. (hereinafter "CONTRACTOR").
WITNESSETH;
WHEREAS, CONTRACTOR and CITY entered into a Professional Services
Agreement ("Agreement") on February 13, 2018, and Amendment No. 1 on July
23, 2018, Exhibit 1 and Exhibit 2, respectively, attached hereto an made a part
hereof; and
2, WHEREAS, CITY requested to amend said Agreement to extend the term of the
Agreement through February 12, 2024; continue CivicEngage webhosting and
support of City's website, and add CivicOptimize module as part of services
provided to CITY as set forth in Exhibit 3; and
3. WHEREAS, CONTRACTOR agrees to said amendments.
A �1.3GG. F? A✓
NOW, THEREFORE, the parties agree to amend the Agreement and fees as set
forth in Exhibit 3, CITY agrees to pay CONTRACTOR ver three years for
CivicEngage, webhosting services and support of City's website and intranet; and
CivicOptimize module for the secure online processing of applications. All other terms
and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Amendment No. 1 on the date and year first above written.
C, U,L P+W, CLQ.
CITY OF LODI, a municipal corporation
Steve Schwabauer
STEPHEN SCHWABAUER
City Manager
Attest:
JI
gg�
NNIFER USM R
City Clerk
Approved as to Form:
JANI E MAGDICH
Cita lAtiorney
t6$N-EN , HMC-,�,_a I air rr{
Kensas n%-buaAa$ r
i fer�ri if;-Ptt S-- C °' +• F'Z"%
11
NAME:
Title, V/ or- M ly, C (2gv-(ce
CP
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
us
Client:
Lodi CA - ClvicOptimize
EXHIBIT 3
Quote #:
Date:
Expires On:
Product:
Bill To:
Lodi CA - ClvicOptlmlze
Q-09964-1
6/18/2020 3:29 PM
1/31/2021
CivicOptimize
SALESPERSON I Phone I EMAIL DELIVERY METHOD PAYMENT METHOD
Dalton Piecukonis _�:785-323-477,1 piecukonis@civicplus.com 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)
I IBD h!i �iGw GI
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 https://www.civicplus.com/master-services-agreement ("MSA"), to which this SOW is hereby
attached as the CivlcOptimize 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://wwvu_i�i-V1c; imizr;vicplus.helplhclen-uslariicles/360046$4'r65LA�plable-Usk-Po.iQy.
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. ClvicPlus 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 ClvicPlus, 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: f1l#ps llvtrww.cl_v.Icplus.c�n1Lr10aster-sorvlcc�s_a�Ced_elll�nt.
IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of
the dates below.
Client
By: Steve Schwabauer
Name:
Title:
Date: Mua r --2491 S0,24
Approved as to Form:
Janice D. Magdich
JAN+CE D. MAGDICH
City Attorney
ATT T:
�;WNNNER SMIR
City Clerk
ClvlcPlus
By:
I,fftr r f
Na a:
Amy Vikander
Title:
Vice President of Client Services
Date: 2/10/2021
V. PD 06,01.2015-0048
Page 3 of 3
CIVICOPTIMIZE
PRODUCTIVITY
Package Details
App Users
n/a
50
250
1,000
w App User Submissions (monthly)
n/a
15,000
50,000
100,000
VSystem Environments
3
unlimited
unlimited
unlimited
a Citizen App Users
unlimited
unlimited
unlimited
unlimited
Custom Domain Name
5,1500
S' 500
included
included
Management Console
Y
Y
Y
Y
WUser Management
Y
Y
Y
j Y
y Analytics Dashboard
Y
Y
Y
Y
v7
High -Availability Infrastructure
Y
Y
Y
Y
Create no -code forms, info pages
Y
Y
Y
Y
O Deploy as FaaS
Y
Y
Y
Y
Generate and publish PWAs (Apps)
Y
Y
Y
Y
ZGenerate form submission PDF
Y
I Y
Y
Y
I
Offline mode
Y
j Y
j
Y
Y
Active Directory Integration/ AuthO
Integration
j
Y
i
Y
HPE Content Manager Integration
Y
Y
i
Y
Power Automate Integration
Y
Y
Y
External Systems Integration -
Custom
N
Y
YY
=
External Systems Integration — (CP)
Y
Y
Y
Y
J SDK
N
Y
Y
Y
p CLI Tools - custom API hosting
N
Y
Y
Y
WCLI Tools - web or CDN hosting
N
Y
Y
Y
G Webhooks for Form Submission
N
Y
Y
Y
CivicOptimize Productivity Package Details • Page 1 of 1
Contact Information
.all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet,
Organization URL
Street Address
Address 2
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 ClvicPlus has current updates.
Emergency Contact &Mobile Phone
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Billing Contact
Phone
Billing Address
Address 2
City
Tax ID #
E -Mail
Ext. Fax
State Postal Code
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):
Please list all external sources
Contract Contact
Phone
Project Contact
Phone
Email
Ext. Fax
Email
Ext. Fax
V. PD 06.01.2015-0048
Page 1 of 1
Y [ ] or N [ ]
C P 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, usertraining,
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
ClvlcPlus • 302 S. 0 Street, Suite 500 • Manhattan, KS 66502 • www.ClvlcPlus.com
Tall Free 868-228-2233 • Accounting Ext. 291 • Support EA 307 • Fax 785-587-8951
C;) Service & License Renewal Agreement for LODI, CA
18, CivIoPlus 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,
Importablelexportable data, and archived information. Client will not own the CIvlcEngage software or Its associated
applications andmodules.
19. Client assumes full responsibility for website content maintenance and content administration. Client, not CiIVICPIus, 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 CIvlcEngage software In any way; (ii) modify or make derivative works based upon the
CivicEngage software; (iii) create Internet "links" to the CIvlcEngage software or "frame" or "mirror" any GCMSO administrative
access on any other server or wireless or Intemet-based device; or (Iv) reverse engineer or access the CIvlcEngage software
In order to (a) build a competitive product or service, (b) build a product using similar Ideas, features, functions or graphics of
the CIvlcEngage software, or (c) copy any Ideas, features, functions or graphics of the CivicEngage software.
20, The CivicPlus name, the ClvIoPlus logo, end the product and module names associated with the CIvlcEngage software
are trademarks of CivlcPlus, 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 safes tax in accordance with their
jurisdiction's tax requirements and CIvlcPlus 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
rr ;
Steve Schwabauer
�-�Ww. �5I?.ozf
Date
2/10/2021
Date
Sign and E-mail the entire contract with exhibits to:
Can cts[c?CivrcPlI.is.roin
We will e-mail a counter -signed copy of the contract back to you so we can begin your project.
CIvlcPlus does not require a physical copy of the contract, however, If you would like a physical
copy of the contract, mall one (1) copy of the contract with original signature to:
CivicPlus Contract Manager
302 S. 41' Street, Suite 500
Manhattan, KS 66502
Upon receipt of signed original, we will counter -sign and return the copy for your files.
Approved as to Forth:
Janice D. Magdich
JANICE D. MAGDICH��
City Attorney Page 2 of 3
ClvlcPlus • 302 S. 41" Street, Suite 600 • Manhattan, KS 88502 - www.ClvlcPlus,com
Toll Free 888-228-2233 • Accounting Ext, 291 • Support Exl. 307 • Fax 785-587-8951
CPService & License Renewal Agreement for LODI, CA
Annual Support, Maintenance and Hosting Fee
cI I Olaf Annual support, maintenance ana Hosting Fee
fective 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)
22 Total Annual Support, Maintenance and Hosting Fee
eclive 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 (Biock of 5�0�
23 Total Annual Support, Maintenance and Hosting Fee
ective February 14, 2023 through February 13, 2024
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
nual Support, Maintenance & Hosting Service Include the Following:
pport Maintenance of CIVICPIus
Application & Modules
7 a.m. — 7 p.m (CST) Monday — Friday
(excluding holidays)
24/7 Emergency Support
Dedicated Support Personnel
4 -hour Response During Normal Hours
Usability Improvements
Integration New & Upgraded Services
Proactive Support for Updates & Fixes
Online Training Manuals
Monthly Newsletters
Routine Follow-up Check -ins
Install Service Patches for OS
Fixes
Improvements
Integration
Testing
Development
Usage License
Upgrades
$9,197.00
:$9,657.89
$10,140.78
Hosting
DNS Consulting &
Maintenance
Monitor Bandwidth -Router Traffic
Redundant ISP
Redundant Cooling
Diesel Powered Generator
Daily Tape Backup
Intrusion Detection & Prevention
Antivirus Protection
Upgrade Hardware
Shared Web/SQL Server
CivlcPlus • 302 S. 4" Street, Suite 500 • Manhattan, KS 66502 • www.ClvicP[us.com Page 3 of 3
Toll Free 888-228-2233 • Accounting Ext, 291 • Support Ext. 307 • Fax 785-587-8951
Signature: i. . ��• Signature:
"' • '' r ••'•" ' • �' Steve Vrfir (Feb 25, 202117:42 PST)
Email: jmagdich@lodi.gov Email: sschwabauer@lodi.gov
Exhibit 2
AMENDMENT NO. 1
CIVIC PLUS
Professional Services Agreement
THIS AMENDMENT NO. 1 TO AGREEMENT, is made and entered this �Gh
day of � 2018, by and between the CITY OF LODI, a municipal corporation
(hereinafter " ITY"), and CIVIC PLUS. (hereinafter "CONTRACTOR").
WITNESSETH:
1. 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: '� [ in
City Manager tl Of f .(Ij
Attest:
r
IFER M. F RRAIOLO
lerk
Approved as to F rm:
L:),
Jruty
N P. F KASAWA
❑ City Attorney
C�
civicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
us
Client:
LODI, CALIFORNIA
EXHIBIT 2
Quote #:
Date:
Expires On:
Bill To:
LODI, CALIFORNIA
Q-29082-2
9/8/2022 12:06 PM
12/7/2022
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Megan Schindler x megan.schindler@civicplus.com Net 30
QTY
Product Name
DESCRIPTION
PRODUCT
TYPE
4.00
Additional Notify Me SMS
Additional Notify Me SMS Subscribers (500)
Renewable
Subscribers (500) - CivicEngage
Central
Total Investment - Year 1
77USD 1,637.14
Annual Recurring Services (Subject to Uplift) I USD 3,780.00
notal Days of Quote: 159
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
Page 1 of 4
1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the Lodi CA - CivicEngage Statement
of Work signed by and between the Parties ("the Agreement"). By signing this SOW, Client expressly agrees to the terms
and conditions of the Agreement, as though set forth herein.
2. Client will be invoiced for the Total Investment - Year 1 (the sum of one-time costs and a prorated portion of the
Annual Recurring Services) upon signing and submission of this SOW. The Annual Recurring Services subscription fee
for the Products (as described above) included in this SOW are prorated and co -termed to align with the Client's current
billing schedule and the Annual Recurring Services amount will subsequently be added to Client's Term and regularly
scheduled annual invoices under the terms of the Agreement.
3. Each year this SOW is in effect, a technology investment and benefit fee, as agreed to in the Agreement, will be
applied to the Annual Recurring Services subscription fee.
Signature Page to follow.
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
Page 2 of 4
Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the
Agreement terms and conditions
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:
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
Page 3 of 4
Contact Information
'all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.
Organization URL
Street Address
Address 2
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
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Billing Contact
E -Mail
Phone
Ext. Fax
Billing Address
Address 2
City
State Postal Code
Tax ID #
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
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
Page 4 of 4
P
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
us
Client:
LODI, CALIFORNIA
Quote #:
Date:
Expires On:
Bill To:
LODI, CALIFORNIA
Q-32019-1
11/30/2022 12:00 PM
2/28/2023
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Tiffany Grover x tiffany.grover@civicplus.com Net 30
QTY
PRODUCT NAME
DESCRIPTION
PRODUCT
TYPE
1.00
System Training (4h, virtual) -
CivicEngage
CivicEngage System Training - Virtual, Half Day Block
One-time
Total Investment - Year 1 USD 750.00
Annual Recurring Services - Year 2 USD 0.00
Total Days of Quote:365
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master
Services Agreement located at https://www.civicplus.com/master-services-agreement ("MSA"), to which this
SOW is hereby attached as the 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 equal to 365 days from the date of signing ("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 upon signing of this SOW.
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 year 2 of service. Client will pay all invoices within 30 days of the date of such
invoice.
5. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be
construed as time sensitive, such as calendar or blog content, during the Project Development.
6. If a Recurring Redesign line item is included with the Client's quote in this SOW, starting after a period of
months (36, 48, or 60 months as determined by the number of years in the redesign line item on this SOW)
of continuous service under this SOW (the "Redesign Term"), Client shall be entitled to receive a redesign at
V. PD 06.01.2015-0048
Page 1 of 4
no additional cost. Client may initiate such redesign any time after continuous service during the Redesign
Term. Upon the initiation of an eligible redesign project, Client may begin accumulating eligibility towards a
subsequent redesign after continuous service during a subsequent Redesign Term. 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. Recurring
Redesigns are eligible for the website, subsite, and department headers included in this SOW only. Any
subsequently purchased website, subsite, and department header shall not be included in a redesign
hereunder.
7. 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 assumes such perpetual permission.
Signature Page to Follow.
V. PD 06.01.2015-0048
Page 2 of 4
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://www.civicplus.com/master-services-agreement.
IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of
the dates below.
Client
By:
Name
Title:
Date:
CivicPlus
By:
Name:
Title:
Date:
V. PD 06.01.2015-0048
Page 3 of 4
Contact Information
'all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.
Organization URL
Street Address
Address 2
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
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Billing Contact
E -Mail
Phone
Ext. Fax
Billing Address
Address 2
City
State Postal Code
Tax ID #
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 4 of 4
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for IT Vendor Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2 Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall
be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but
not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release
of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for
breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to
respond to these obligations.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
incr�g � comp ny s a t i y un er a on rac rigs commercia general liabTffi y af'�n au a i ejcies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. 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 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Q) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the
contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior
to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(m) [qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages 1 Risk: rev. 3/1/2018
RESOLUTION NO. 2023-34
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORZING THE CITY MANAGER
TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH CIVICPLUS, INC., OF MANHATTAN, KANSAS, FOR
ADDITIONAL SMS SUBSCRIPTIONS AND TECHNICAL TRAINING FOR STAFF
WHEREAS, City of Lodi relies on a properly -functioning website for communication to
citizens and staff, and entered into a Professional Services Agreement with CivicPlus, Inc., in
February 2018; and
WHEREAS, CivicPlus offers texting and alerting services to deliver SMS notices to staff
and citizens who enroll to receive updates on the website and City services; and
WHEREAS, the City experienced an influx of citizens enrolling to receive SMS
notifications during a Citywide electrical power incident in 2022, and staff requested 2,000
additional licenses from CivicPlus to meet the demand of citizens enrolling into the alert system;
and
WHEREAS, the City has experienced staff turn -over in positions responsible for the
content on the City's website and would benefit from technical training by CivicPlus; and
WHEREAS, staff recommends that the City Council authorize the City Manager to execute
Amendment No. 3 to the Professional Services Agreement with CivicPlus for the purchase of
2,000 additional SMS subscriptions and technical training for City staff responsible for the City's
website content.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute Amendment No. 3 to the Professional Services Agreement with
CivicPlus, of Manhattan, Kansas, for 2,000 additional SMS subscriptions and staff training, in the
amount of $5,000; 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 15, 2023
I hereby certify that Resolution No. 2023-34 as passed and adopted by the City Council
of the City of Lodi in a regular meeting held February 15, 2023 by the following votes:
AYES: COUNCIL MEMBERS — Bregman, Craig, Khan, Nakanishi, and
Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-34