2014/06/09 Icon Enterprises, Inc. Civic Plus Redesign Contract CService & License Agreement for Menifee, CA
CivjcPlus Redesign Contract
Organization City of Menifee, CA uRL www.citvofinenifee.us
Street Address 29714 Haun Rd.
Address 2
city Menifee State CA Postal 92586
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 Julie Woodruff—951-821-1070
Emergency Contact&Mobile Phone Derek Williamson—951-746-9913
Emergency Contact&Mobile Phone
Billing Contact Crystal Robinson E-Mail crobinson(cDcitvofinenifee.us
Phone 951-672-6777 Ext. N/A Fax 951-679-3843
Billing Address 29714 Haun Road
Address 2
City Menifee ST CA Postal 92586
Code
Tax ID# 94-3439857 Sales Tax
Exempt#
Billing Terms Annual AAcccpount Reece Hammitt
Re
Info Required on Invoice(PO or Job#)
Contract contact Julie Woodruff Email iwoodruff(aDcitvofineniree.us
Phone 951-672-6777 Ext. Fax 951-679-3843
Project contact Derek Williamson Email dwilliamsonocityofinenifee.us
Phone 951-672-6777 Ext. N/A Fax 951-679-3843
Terms & Conditions
li Client Deliverable
1. Icon Enterprises, Inc., d/b/a CivicPlus("CivicPlus")will create an advanced redesign of the City of Menifee, CA("Client')
website that includes all functionality as defined in Exhibit A—CivicPlus Project Deliverables,attached hereto.
Additional Services
2. Client may contract with CivicPlus for additional Consulting,Website Design, Setup, Programming, and Training services
(Project Development Services)that exceed those defined in Exhibit A. CivicPlus will invoice Client for the additional services
immediately prior to project Go-Live.
3. Client may contract with CivicPlus for additional Annual Support, Maintenance&Hosting services that exceed those defined in
Exhibit B. CivicPlus will invoice Client for annual services immediately prior to project Go-Live.
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CivicPlus•317 Houston St.,Suite E•Manhattan,KS 66502•w .CMGI`Ius.com
Toll Free 888-228-2233-Accounting Ext.291 -Support Ext.307•Fax 785-587-8951
Service & License Agreement for Menifee, CA
4. Services that involve billable time beyond the contracted amount will be documented and invoiced.Written approval by the
Client is necessary before billable time is incurred.
5. Modules that incur additional usage fees may be purchased and activated at any time.
Billing&Payment Terms
6. One-third of the total Project Development fee will be billed upon completion of design;one-third of the total Project
Development fee will be billed upon completion of content.The remainder of the Project Development fee and any additional
Project Development services will be invoiced after training has been completed.
7. The Client shall sign a project completion and acceptance form prior to project go-live.The date may be extended if material
system or operational failures are encountered.All Parties agree that the website will not go-live until the project is accepted in
writing by the Client.
8. Project Development invoices are due by the first of the following month, but no sooner than 30 days from the date the invoice
is received by Client("invoice date").
9. Annual Support, Maintenance& Hosting invoices may be prorated in order to correlate with the Client's budget year.
10. Fees for CivicPlus Annual Support, Maintenance&Hosting services are invoiced prior to the year of service.They are due by
the first of the following month, but no sooner than 30 days from invoice date.
11. Project development will be discontinued if payment is not made within 30 days after the invoice due date.
12. Should the Client fail to meet any deadlines mutually agreed upon in the timeline meeting both parties will mutually agree to
extend the affected milestone dates. CivicPlus will not be held liable under this Agreement for any delay caused by the Client.
Should delays caused by the Client extend the website redesign go live date by more than 30 days past the originally agreed
upon date the Client can select one of the following options:
a. Client will pay annual fees for the current live website and the redesigned website under development, as both are
being hosted on our servers.
b. Annual Services will be discontinued for the current live website(website will no longer be accessible to the public or
Client).
13, After project go-live, 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 written notice prior to discontinuation of services for non-
payment
14. 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.
15. 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.
16. 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, and thus the cost of such services hereunder is dependent upon the
financial arrangements between ClvicPlus and such third-party providers. Client acknowledges and agrees that the price to
Client for the services hereunder may be reasonably adjusted at any time, subject to written approval of Client,to reflect an
increase in cost to CivicPlus as a result of its financial arrangement with a third-party provider. Client acknowledges and
agrees that this Agreement as so modified will continue in full force and effect as otherwise provided herein,and that Client will
pay any such increased price according to such other payment terms hereof.
Changes to Existing Service
17. Effective with this renewal, the following services will be added:
Services to be ADDED Time Fee Monthly Fee
Redesign of current website $11,760 Waived
Additional Modules(Exhibit A) Waived Waived
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CivicPlus•317 Houston St.,Suite E •Manhattan, KS 66502•www.CivicPlus.com
Toll Free 888-228-2233•Accounting Ext.291 •Support Ext. 307•Fax 785-587-8951
CPService & License Agreement for Menifee, CA
Agreement Renewal
18. 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.
19. 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.
20. In the event of early termination of this Agreement by the Client,full payment of the remainder of the Agreement is due within
15 days of termination unless termination by Client is due to default or breach of the Agreement by CivicPlus in which case
Client shall not be liable for any additional payments under this Agreement, except for services rendered up to the date of
termination.
21. 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
22. CIVICPIus 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 CIVICPIus with contact updates.
23. Support includes providing technical support of the GCMS®software,application support(pages and modules), and technical
maintenance of Client's website. Following initial setup, additional page design,graphic design, user training, site modification,
and custom programming may be contracted separately for an additional fee.
24. During the period of this agreement and subsequent annual renewals, CivicPlus warrants that it will,without additional charge
to the Client,take immediate action to correct any problems or defects discovered in the GCMS®software and reported to
CivicPlus by the Client,such warranty to include ongoing maintenance upgrades and technical error correction.
25. CivicPlus provides online website statistics software at no extra charge. If Client desires to use other website statistic software,
CivicPlus will provide the necessary log file access.
Marketing
26. Client will make a reasonable attempt to work with the CivicPlus Marketing Department to gather information and meet
deadlines associated with website award contest entries throughout the term of this Agreement.
27, Client permits CivicPlus to include an example of the Client's home page and a link to the Client's website on the CivicPlus
corporate website.
28. Client will make a reasonable attempt to work with the CivicPlus Marketing Department to create a news item to be released in
conjunction with their project Go-Live date. Client will provide CivicPlus with contact information for local and regional media
outlets. CivicPlus may use the press release in any marketing materials as desired throughout the term of this Agreement.
29. Client will make a reasonable attempt to work with the CivicPlus Marketing Department to create a case study related to their
website.
30. Client agrees to allow CivicPlus to display a"Powered 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.
Intellectual Property, Ownership&Content Responsibility
31. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own
the Customer Content. Client will not own the GCMS®software or its associated applications and modules.
32. Upon completion of the development of the site by CivicPlus and written approval and acceptance of the site by Client, Client
will assume full responsibility for website content maintenance and content administration. Client, not CivICPIus, shall have
sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness,and intellectual property ownership or
right to use of all Customer Content.
33. 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
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CivicPlus•317 Houston St.,Suite E•Manhattan,KS 66502•www.CivicPlus.com
Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951
CService & License Agreement for Menifee, CA
a competitive product or service, (b)build a product using similar ideas,features,functions or graphics of the GCMSO
software,or(c)copy any ideas,features,functions or graphics of the GCMSO software.
34. The CIVICPIUs name,the CivicPlus logo, and the product and module names associated with the GCMSO software are
trademarks of CivicPlus, and no right or license is granted to use them.
Liabilities
35. CivicPlus will not be liable for any act,omission of act, negligence or defect in the quality of service of any underlying carrier or
other service provider not provided for by CivicPlus whose facilities or services are used in furnishing any portion of the service
received by the Client. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or
omission by Client or any entity other than CivicPlus that furnishes services, facilities or equipment used in connection with
CIVICPIus services or facilities.
Force Majeure
36. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if
the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm,fire, casualty, strike, lockout,
labor dispute, civic disturbance, riot,war, national emergency, act of Government, act of public enemy, or other cause of
similar or dissimilar nature beyond its control.
Taxes
37. It is CivICPIus' policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax-exempt,the
Client must provide CivicPlus proof of their tax-exempt status,within fifteen (15)days of contract signing, and this agreement
will not be taxed. If the Client's state taxation laws change,the Client will begin to be charged sales tax in accordance with
their jurisdiction's tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes.
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II CivicPlus•317 Houston St.,Suite E•Manhattan,KS 66502•www.CivicPlus.com
Toll Free 888-228-2233•Accounting Ext.291 •Support Ext. 307•Fax 785-587-8951
C;) Service & License Agreement for Menifee, CA
Acceptance
We,the undersigned,agreeing to the conditions specified in this document,understand and authorize the provision of services outlined
in this Agreement.
Client Date
CivicPlus Date
Sign and E-mail or Fax this Copy And—Mail Two(2)Signed Originals
Attn:Contract Manager CivicPlus Contract Manager
Email:SalesCoordinators@CivicPlus.com 317 Houston St., Suite E
Fax:785-587-8951 Manhattan,KS 66502
We will e-mail or fax a counter-signed copy of the contract back to you so we can begin your project. Upon receipt of two signed
originals,we will counter-sign and return one copy for your files.
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CivicPlus•317 Houston St.,Suite E Manhattan,KS 66502•www.Civ!cPlus.com
Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951
Service & License Agreement for Menifee, CA
Exhibit A- CivicPlus Project Deliverables
CivicPlus Project Development
CP Advanced Redesign
Design &Project Overview Annual Fee One Time Fee
New design presented on Aurora
• Redevelop navigation method (may choose top drop-down or other options)
• Design setup—wireframe
• Print this page option
• Email this page option
• Breadcrumbs
• Sitemap
• Redevelop graphic elements of website(Newsflash, FAQs, Calendar, etc.)
• Project Management
• Testing
Review
• Content
o Includes migrating of all existing content and retouching of published
pages to ensure proper formatting, menu structure and application of N/A $11,760
new site styles
o Ensuring modules are related to feature columns
o Contact information will be updated for consistency based on site
standards and moved to info advanced areas if pages previously
utilized right contact formatting
o Pages content will be edited and moved for usability and consistency
o Pages will be moved to coordinate with new menu structure and we will
assist with building out place holder pages
Note: Content will be reformatted and broken up(shortened or re-sectioned)for
usability and consistency. No new content will be developed during this process.
• Spelling and broken links will be checked and updated by our team where
possible.Additional report will be provided to client
• 4 hours of phone training for four(4) people
• Inclusion of all standard modules(see follow page for complete list)
Add-On Options
Content Development—Develop all Content Pages Optional
Portal Page Optional
Portal page with Flash Optional
Additional Banners Optional
12 hours interactive webinar training (up to 6 employees) Optional
Quote includes free use of up to 6 webcams and headsets
Media Center Module Optional$1,000
Der year
Annual Increase N/A
Total One-Time Fee $11,760
Total Due (depends on payment terms) $11,760
Exhibit A 1 of 2
CivicPlus•317 Houston St., Suite E• Manhattan, KS 66502 •www.Civ!cPlus.com
Toll Free 888-228-2233•Accounting Ext.291 •Support Ext. 307 • Fax 785-587-8951
CPservice & License Agreement for Menifee, CA
Project Development Includes the Following:
Modules Functionality
. Agenda Center . Action Items Queue
. Alerts Center&Emergency Alert Notification Audit Trail/History Log
. Archive Center . Automated PDF Converter
. Bid Postings . Automatic Content Archiving
. Blog Content Library
. Business/Resource Directory . Dynamic Breadcrumbs
. Calendar Dynamic Sitemap
. Carbon Calculator Expiring Items Library
. Citizen Request Tracker TM (5 users) Generic Mobile App(iOS &Android)
. Community VoiceM . Graphic Link Administration
. Document Center Links Redirect and Broken Links Finder
. ePayment Center . Menu Management
. Facilities&Reservations with Activities Mouse-over Menu Structure
. Frequently Asked . MuniMobileM
. Forms Center Online Editor for Editing and Page Creation(WYSIWYG)
. Healthy City Online Web Statistics(Only with CivicPlus Hosting)
. Intranet . Page Wizard w/Multiple Layouts
. Job Postings Printer Friendly/Email Page
. License&Permit Rotating Content
. My Dashboard . RSS
. Staff Directory . Search Engine Registration
. News Flash . Site Layout Options
. Notify Me@ Email &500 SMS Text Subscription . Site Search &Entry Log
. Online Job Application with 1 Generic Application . Sideshow
. Opinion Poll Social Media Integration(Facebook&Twitter)
. Photo Gallery . User&Group Administration Rights
. Postcard . Web Page Upload Utility
. Quick Links . Website Administrative Log
. Real Estate Locator
. Spotlight
Exhibit A 2 of 2
CivicPlus•317 Houston St., Suite E• Manhattan, KS 66502•www.Clvicplus.com
Toll Free 888-228-2233•Accounting Ext. 291 • Support Ext. 307• Fax 785-587-8951
Service & License Agreement for Menifee, CA
Exhibit B -Annual Support, Maintenance and Hosting Services
Current Annual Support, Maintenance and Hosting Fee
Server Storage not to exceed 30 GB $8,678.88
Does Not Include Media Center Module
New Annual Fee
(Effective upon Contract Signing) $13,678.88
Annual Support, Maintenance&Hosting Service Include the Following:
Support Maintenance of CivicPlus Hosting
Application &Modules
7-7(CST) Mon-Fri(excluding holidays) Install Service Patches for OS Shared Web/SQL Server
24/7 Emergency Support Upgrades DNS Consulting&Maintenance
Dedicated Support Personnel Fixes Monitor Bandwidth-Router Traffic
2-hour Response during Normal Hours Improvements Redundant ISP
Usability Improvements Integration Redundant Cooling
Integration New&Upgraded Services Testing Natural Gas Powered Generator
Proactive Support for Updates&Fixes Development Daily Tape Backup
Online Training Manuals Usage License Intrusion Detection& Prevention
Monthly Newsletters Antivirus Protection
Phone Consulting Upgrade Hardware
CivicPlus Connection
i
I
I
Exhibit B 1 of 1
CivicPlus•317 Houston St.,Suite E•Manhattan,KS 66502•www.Civ!cPlus.com
Toll Free 888-228-2233•Accounting Ext.291 •Support Ext. 307•Fax 785-587-8951