HomeMy WebLinkAboutAgenda Report - April 5, 2023 C-10CITY OF
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CALIFORNIA
AGENDA ITEM C1010
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Amendment No 3 with Civic Plus, of
Manhattan, Kan., for Additional SMS Subscriptions and Staff Training and Rescind
Resolution 2023-34 ($7,600)
MEETING DATE: April 5, 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, Kan., for
additional texting services for Notify Me module and staff training and
rescind resolution 2023-34. ($7,600)
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. On February 15, 2023, City
Council approved resolution 2023-34, which reflected an incorrect contract amount and should be rescinded
with this Amendment No. 3.
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.
In October of 2019 and September of 2022, 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 2,500 for a total of 3,500 SMS
subscribers, in an effort to meet additional demand during City wide incidents, for an additional $2,900. This
increases the annual contract renewal for by $3,800 for a total contract cost of $200,750.
Since the launch of the Civic Plus platform in 2017, there has been significant turn over of staff responsible for
maintaining the portions of the website. The responsibility of maintaining the pages are distributed to the
APPROVED: DEL
�-.e uCI'(mar27.202311:02PDT l
Stephen Schwabauer, City Manager
department's that own the content. New staff have moved into many of those roles and would benefit from
formal training by Civic Plus, $750.
It is the staffs' recommendation to execute amendment No. 3 to expand the availability "Notify Me" in Civic Plus
platform and supply additional training for staff, adding $7,600 to the overall contract, for a total contract of
$200,750 over 3 years.
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 2022/23 Budget 10020400.72450.
0 XVqb,
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").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services
Agreement on February 13, 2018, and on July 23, 2018 approved Amendment
No. 1, and on March 2, 2021 approved Amendment No. 2, and on February 15,
2023 approved resolution 2023-34 (collectively the "Agreement") collectively
attached hereto as Exhibit 1 and made a part hereof;
2. WHEREAS, CITY requests to rescind Resolution 2023-34; and
3. 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
4. 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 $7,600 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:
OLIVIA NASHED
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 112017, 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 a ' E
Q SERVICES
Section 2.1 Scope 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
1
ARTICLE 3
Q MP „9UATIOhii
Section 3.1 !:omt2en2ati0n
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 Mgtho of Payrttent
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 $udjt2na
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
Section 4.5 Reso nsiit.Y Sof 1TY
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
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 dug s§= and Assigns
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. 4th Street, Suite 500
Manhattan, KS 66502
Section 4.9 Q2212eralig.13 9f QU1_(
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 Q0bj jR6rUQR is N01 913 E olovee of Q1
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
Section 4.14 Qjty Pjj§jUe§S Lice012 EjeQUi[QMQJ31
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 bions
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 gra ion an .- M2dj j, attjo
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 Q2ptract 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 Owner hid 2f 12 encs
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.
rA
CP 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.lad. civ
• 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
Included
• CivicEngage Send
• 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 GCMSO Enhancements, Maintenance, Support and Hosting) $7,860
Billed 12 months from SOW signing; subject to annual 5% increase year 4 and he cad
r
At the request of Client, CivicPlus agrees to redistribute their standardized pricing as follows:
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
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 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
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 GCMS®,
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
C P
Exhibit A for Lodi, CA
Addendum 3 to Exhibit A — Hosting, Support and Service Level Agreement
4 z -
:M.
Data Center
.
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
0
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
Disaster Recovery
•
Guaranteed recovery POINT objective (RPO) of 24 hours
Pre-emptive monitoring for disaster situations
•
Multiple data centers
•
Geographically diverse data centers
DDoS Mitigation
.
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.Civ!cPlus.com
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
V. SLA03.01.16-0001
Addendum 4 Page 1 of 4
C P
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
Less than 99.9%
Service Credit Percentage
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.
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
V. SLA03.01.16-0001
Addendum 4 Page 3 of 4
C ;) 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
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Title: ZA�M elC
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Date:
V. CPA03.01.165-0001
Civieplus
By:
Name:
Title: •+'z t d
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
AMENDMENT NO. 1
CIVIC PLUS
Professional Services Agreement
THIS AMENDMENT NO. 1 TO AGREEMENT, is made and entered this
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: ;
City Manager tI t�
Attest:
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C Cl
Approved as to Form:.
r
JV4N P. F KASAWA
Deputy City Attorney
L E
%4 olk *0 1 1 V` I 'to wo* P" " L U ZS`
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.
6 f 3 Days Virtual Consulting (6 - half-day blocks) 625.00 `s 3,750.00 3/21/2018
Approved by Benjamin Buecher
Total $3,750.00
lc.� P
"V1 I(C* *r"**-'LUS
HELPING COMMUNITIES ENGAGE & INTERACT
Invoice
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 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 NO, 2
CIVIC PLUS
Professional Services Agreement
THIS AMENDMENT NO,/ o TO AGREEMENT, is made and entered this IL
day of , 2021, by and between the CITY OF LODI, a municipal corporation
(hereinafter "CITY"), and CIVIC PLUS. (hereinafter "CONTRACTOR"),
WITNESSETH;
1, 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.
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NOW, THEREFORE, the parties agree to amend the Agreement and fees as set
forth in Exhibit 3, CITY agrees to pay CONTRACTOR $8°;- , •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, D,
CITY OF LODI, a municipal corporation
Steve Schwabauer
STEPHEN SCHWABAUER
City Manager
Attest:
�NNIF—ER-fUSM i
City Clerk
Approved as to Form:
JANIE MAGDICH
City'lWorney
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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
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 Pli 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 06.01.2015-0046
Page 2 of 3
CIVICOPTIMIZE
PRODUCTIVITY
Package Details
dApp
V
a
App Users
User Submissions (monthly)
System Environments
Citizen App Users
Custom Domain Name i
n/a =
n/a '
3
unlimited
5 1500 1
50 j
15,000 1
unlimited
unlimited
51500 j
250
50,000
unlimited
unlimited
included
1,000
100,000
unlimited
unlimited
included
Management Console
Y i
Y I
Y
Y
User Management
Y
Y
Y
I Y
16
Analytics Dashboard
Y i
Y
Y
Y
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
u
Generate and publish PWAs (Apps)
Y
Y
Y
Y
Generate form submission PDF
Y
Y
Y
( Y
Offline mode
Y
Y
Y
i Y
Active Directory Integration/ AuthO�_Y
Y
Integration
i
HPE Content Manager Integration
Y
Y
Y
Power Automate Integration I
Y
Y
Y
External Systems Integration -
N
Y
Y
Y
Custom
j
External Systems Integration — (CP)
Y
Y
Y
Y
4n
SDK
N
Y
Y
Y
p
CU Tools - custom API hosting
N
I
Y
Y
i Y
>
CLI Tools - web or CDN hosting
N t
Y i
Y
Y
LU
G
Webhooks for Form Submission
N
Y
Y
i Y
CivicOptimize Productivity Package Details • Page 7 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, 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
Toll Free 868-228-2233 • Accounting Ext. 291 • Support Ext, 307 • Fax 785-567-8951
C;) Service & License Renewal Agreement for LODI, CA
Annual Support, Maintenance and Hosting Fee
21 Total Annual Support, Maintenance and -H -osting FE
lective 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 Fe
fective 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 50iJ)
23 Total Annual Support, Maintenance and Hosting Fe
`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)
/Annual Support, Maintenance & Hosting
Service Include the Following:
Support
Maintenance of CivicPtus
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
CivlcPlus • 302 S. 41 Street, Suite 500 • Manhattan, KS 66502 • www.ClvicP[us.com
Toll Free 888-228-2233 • Accounting Ext. 291 - Support Ext. 307 • Fax 785-587-8951
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 1116119, 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
gwu-6��
OLIVIA NASHED
City Clerk
2023-34
�J
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 I EMAIL I DELIVERY METHOD PAYMENT METHOD
Megan Schindler x I megan.schindler@civicplus.com I 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
USD 1,637.14
Annual Recurring Services (Subject to Uplift) USD 3,780.00
Total 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
By:
Name:
Title:
Date:
CivicPlus
By:
Name:
Title:
Date:
CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.Civ!cPlus.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 lam —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
c�
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 I EMAIL I DELIVERY METHOD PAYMENT METHOD
Tiffany Grover x I tiffany.grover(�civicplus.corn I 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
notal 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):
Please list all external sources:
Contract Contact
Y [ ] or N [ ]
Email
Phone Ext.
Fax
Project Contact
Email
Phone Ext.
Fax
V. PD 06.01.2015-0048
Page 4 of 4
oP t
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 dect
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
incrP18% comp ny sisiiy uneraonracors commerciagenerais iy anauT�a�e1 P69cies.
(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.
(j) 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
(1) 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 I Risk: rev. 3/1/2018
RESOLUTION NO. 2023-64
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH CIVIC PLUS, OF MANHATTAN, KANSAS, FOR
ADDITIONAL SMS SUBSCRIPTIONS AND TECHNICAL TRAINING FOR STAFF;
AND FURTHER RESCINDING RESOLUTION NO. 2023-34
WHEREAS, the City entered into a Professional Services Agreement with Civic Plus, Inc.,
in February 2018 for the redesign, development, and hosting of the City's website; and
WHEREAS, Civic Plus 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
WHEREAS, the City has experienced significant staff turnover in positions responsible for
the content on the City's website and would benefit from technical training by Civic Plus; and
WHEREAS, staff recommends that the City Council approve Amendment No. 3 to the
Professional Services Agreement with Civic Plus for the purchase of additional SMS subscriptions
and technical training for new City staff responsible for the City's website content; and
WHEREAS, on February 15, 2023, Council adopted Resolution No. 2023-34 approving
Amendment No. 3 for the purchase of additional SMS subscriptions and technical training for City
staff responsible for the City's website content. The resolution reflected an incorrect contract
amount, and staff recommends that City Council rescind Resolution No. 2023-34.
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
Civic Plus, of Manhattan, Kansas, for the purchase of additional SMS subscriptions and technical
training, in the amount of $7,600. There is no impact to the General Fund from this project.
Funding for the SMS subscriptions and technical training for City staff come from the Information
Technology 2022-23 budget, 10020400.72450; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby rescind Resolution
No. 2023-34; 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: April 5, 2023
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I hereby certify that Resolution No. 2023-64 as passed and adopted by the City Council
of the City of Lodi in a regular meeting held April 5, 2023, by the following votes:
AYES: COUNCIL MEMBERS — Bregman, Craig, Yepez, and Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-64