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Home My Public Portal AboutCivicPlus 11-13-15a Service & License Agreement for Tybee Island, GA Page 1 of 2 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. PD 06.01.2015-0168A Project Development Terms & Conditions Invoicing & Payment Terms 1. As detailed in Exhibit A.1 – Project Development Scope of Work, one half of the total First Year Fee will be invoiced at the following times: a. Upon contract execution – one half of the Total Fees Year 1. b. July 5, 2016 - the remaining half of the Total Fees Year 1. 2. Annual Services will begin being invoiced one (1) year from contract execution. 3. Each year this Agreement is in effect, a technology investment, not to exceed, 5 percent (%) of the total Annual Services costs will be applied. 4. Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 2.9 percent (%) per month or $5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 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 Agreement assumes such perpetual permission. 6. If a client change in timeline causes CivicPlus to incur additional expenses (i.e. airline change fees), Client agrees to reimburse CivicPlus for those fees. Not to exceed $1,000 per CivicPlus resource per trip. Agreement Renewal 7. This Agreement shall remain in effect for a period of one year (12 months) from signing. 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. After 48 consecutive months under the terms of this contract and associated pricing, Client will be fully eligible for a CivicPlus Basic Redesign at no additional cost. 8. Either party may terminate the agreement at the end of the contract term by providing the other party with 60 days written notice prior to the contract renewal date. 9. In the event of early termination of this Agreement by the Client after project Go Live, Client forfeits eligibility for the CP Basic Redesign and payment of services rendered (annual services will be prorated) is due within 15 days of termination. 10. This Agreement may be extended to any municipality in the State of Georgia to purchase at Agreement prices in accordance with the terms stated herein. Ownership & Content Responsibility 11. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own the Customer Content (defined as website graphic designs, the page content, all module content, all importable/exportable data, and all archived information). 12. Upon completion of the development of the site, Client will assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. Intellectual Property 13. Intellectual Property of the CivicPlus Government Content Management System (GCMS®) will remain the property of CivicPlus. 14. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the GCMS® software in any way; (ii) modify or make derivative works based upon the GCMS® software; (iii) create Internet “links” to the GCMS® software or “frame” or “mirror” any GCMS® administrative access on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the GCMS® software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the GCMS® software, or (c) copy any ideas, features, functions or graphics of the GCMS® software. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the GCMS® software are trademarks of CivicPlus, and no right or license is granted to use them. Service & License Agreement for Tybee Island, GA Exhibit A 1 of 4 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. PD 06.01.2015-0168A Exhibit A - CivicPlus Project Deliverables All Quotes are in US Dollars and Valid for 30 Days from November 13, 2015. CivicSend Annual Services $995 --Remainder of this page left intentionally blank-- Project Development and Deployment Initial GCMS® upgrades, maintenance, support and hosting – no additional cost Server Storage not to exceed 10 GB $16,575 Project Enhancement Deployment CivicSend Included Total Fees Year 1 $16,575 Total Annual Fees $995 11/13/2015 Service & License Agreement for Tybee Island, GA Exhibit A 2 of 4 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. PD 06.01.2015-0168A Exhibit A.1 Project Development Scope of Work Kick-Off Deliverable: Project Timeline, training jump start information, online forms, kick-off meeting CivicPlus will:  assign a project manager to this project  conduct a Project Kick-off to review awarded contract  establish communication plan for the duration of the project effort  work with Tybee Island 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 Tybee Island staff Tybee Island will:  complete the following prior to Phase 1: Functionality and Design Form, Web Team Form and Content Form, Roles and Responsibilities Form and DNS Form  review and approve of project timeline within 5 business days  attend a kick-off meeting with key stakeholders or decision makers  if modifications are required after the review of the initial project timeline, Tybee Island 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 Phase 1: Website Optimization Deliverable: Website Optimization Meeting CivicPlus will:  communicate status to Tybee Island, key stakeholders and personnel via emails or phone calls as needed  review the goals and expectations submitted on the forms Tybee Island completed to ensure Tybee Island needs are clearly understood  gather preliminary design data for use Tybee Island 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: Website Layout 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 Tybee Island will:  approve one layout and the mood board  review marketing packet material and guidelines  Website Layout billing milestone complete Service & License Agreement for Tybee Island, GA Exhibit A 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. PD 06.01.2015-0168 Phase 3: Website Reveal Deliverable: Website design and production website. CivicPlus will:  present a fully functional website on a production URL  migrate 100 content pages from tybeeisland.com to the production URL  conduct a quality review of the website to ensure the functionality and usability standards are met  work with Tybee Island to adjust design and content changes  work with Tybee Island to prepare for training  migrate current plus the past three years Agendas & Minutes in Microsoft Word.DOC or Adobe PDF format Tybee Island will:  evaluate the website design and content and provide CivicPlus with feedback  collaborate with CivicPlus on proposed changes  revise the design according to the approved timeline  if revised design changes are requested after the design approval timeline date, the project’s Go Live date will be adjusted out (training and billing milestones will remain as per approved timeline)  provide CivicPlus will all the necessary DNS items identified for the website Phase 4: Three Days Web Based Training Deliverable: Train System Administrator(s) on GCMS® Administration, permissions, setting up groups and users, module administration. Basic User training on pages, module entries, applying modules to pages. Applied use and usability consulting to result in effective communication through your website. CivicPlus will:  provided training to Tybee Island before the website goes live  train up to 6 Tybee Island staff members based on internal daily tasks and workflow  train staff members on how to use the GCMS®, update content pages and modules Tybee Island will:  provide a location for training in Tybee Island with internet access  provide computers for staff to be trained on  Phase 4: Training billing milestone complete Phase 5: Go Live Deliverable: Custom website launched to the public. CivicPlus will:  address system issues and bugs that Tybee Island finds  redirect the domain name to the newly developed website as per approved timeline Tybee Island will:  test and update the final site as per approved timeline  notify CivicPlus on any system issues or bugs found in the website Project Enhancements: CivicSend Key features include: unlimited subscribers, unlimited email messages, unlimited lists; visually rich, mobile responsive templates; centralized, single point-of-access via GCMS integration; access to multiple communication channels, including: email, SMS/text, Facebook and Twitter; robust tracking analytics; multiple list selection; content auto-posts to your website Service & License Agreement for Tybee Island, GA Exhibit A 4 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. PD 06.01.2015-0168 Project Development and Deployment Includes the Following: Modules Functionality  Agenda Center  Alerts Center & Emergency Alert Notification  Archive Center  Bid Postings  Blog  Business/Resource Directory  Calendar  Citizen Request Tracker™ (5 users)  Community Connection  Community Voice™  Document Center  ePayment Center  Facilities & Reservations  Frequently Asked Questions  Forms Center  Intranet  Job Postings  My Dashboard  News Flash  Notify Me® email and 500 SMS subscribers  Photo Gallery  Quick Links  Real Estate Locator  Spotlight  Staff Directory  Action Items Queue  Audit Trail / History Log  Automated PDF Converter  Automatic Content Archiving  Dynamic Breadcrumbs  Dynamic Sitemap  Expiring Items Library  Graphic Link Administration  Links Redirect  Menu Management  Mouse-over Menu Structure  Online Editor for Editing and Page Creation (WYSIWYG)  Online Web Statistics  Printer Friendly/Email Page  RSS  Site Layout Options  Site Search & Entry Log  Slideshow  Social Media Integration (Facebook, Twitter, Instagram)  User & Group Administration Rights  Web Page Upload Utility  Website Administrative Log Service & License Agreement for Tybee Island, GA Exhibit B 1 of 1 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. PD 06.01.2015-0168A Exhibit B – Redesign Details CivicPlus Project Development Services & Scope of Services for CP Basic Redesign  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 Service & License Agreement for Tybee Island, GA Exhibit C 1 of 1 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. SM 06.01.2015-0168A Exhibit C - 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 two hours; action will be taken on e-mails within four hours), and if Client’s customer support liaison is unable to assist, the service escalation process will begin. Emergency support is available 24-hours-a-day for designated, named Client points-of-contact, with members of both CivicPlus’ project management and support teams available for urgent requests. Emergency support is provided free-of-charge for true emergencies (ie: website is down, applications are malfunctioning, etc.), though Client may incur support charges for non- emergency requests during off hours (ie: basic functionality / usage requests regarding system operation and management). The current discounted rate is $175/hour. CivicPlus maintains a customer support website that is accessible 24-hours-a-day with an approved client username and password. Service Escalation Processes In the event that CivicPlus’ support team is unable to assist Client with a request, question or concern, the issue is reported to the appropriate CivicPlus department. Client requests for additional provided services are forwarded to CivicPlus’ Client Care personnel. Client concerns/questions regarding GCMS® or associated application errors are reported to CivicPlus’ technical team through CivicPlus’ issue tracking and management system to be addressed in a priority order to be determined by CivicPlus’ technical team. All other requests that do not meet these criteria will be forwarded to appropriate personnel within CivicPlus’ organization at the discretion of the customer support liaison. Included Services: Support Maintenance of CivicPlus GCMS® 7 a.m. – 7 p.m. (CST) Monday – Friday (excluding holidays) Install Service Patches for OS 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 Service & License Agreement for Tybee Island, GA Exhibit D 1 of 2 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. SLA 06.01.2015-0168A Exhibit D - 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 99.7%, 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 accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.7% 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. Service & License Agreement for Tybee Island, GA Exhibit D 2 of 2 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. SLA 06.01.2015-0168A Disaster Recovery Feature Service Commitment CivicPlus will use commercially reasonable efforts to make insure that in the event of a disaster that make 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