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Agenda 03/12/2024 Item #16F11 (To Provide and agenda management system for public meeting agendas and backup materials in Collier County Florida)03/12/2024 EXECUTIVE SUMMARY Recommendation to award Request for Proposal ("RFP") No. 23-8133 for Agenda Management Software to CivicPlus, LLC and approve the related attached Agreement with Civic Plus, as well as approving Amendment Two, with Granicus, LLC pertaining to Agreement No. 15-6431, BCC Agenda Software Replacement (extending the existing services thereunder for an additional six months), and authorize the Chairman to sign the attached Agreement and Amendment. OBJECTIVE: To provide an agenda management system for public meeting agendas and backup materials in Collier County Florida. CONSIDERATIONS: On December 8, 2015 (Agenda Item No. 16.E.11), the County entered into Agreement No. 15-6431 (the "Agreement"), with Accela Inc. ("Accela") for BCC Agenda Software Replacement product. Collier County uses MinuteTraq also known as Accela and IQM2, to manage its agendas for the Board and several advisory boards. The Agreement provides for an initial term of four years, with four additional one-year renewals. In 2018 Granicus, LLC, acquired Accela and as a result, assumed control of its Legislative Management Business. Early in 2023, Granicus notified users that it was phasing out and would eventually end the support of MinuteTraq. On May 5, 2023, the Procurement Division released RFP No. 23-8133, "Agenda Management Software" and received four proposals by the June 6, 2023, deadline. Company Name City Final Ranking Responsive/Responsible CivicPlus, LLC Manhattan, KS 1 Yes/Yes Granicus, LLC St. Paul, MN 2 Yes/Yes Stickboy Creative, LLC Fort Myers, FL N/A Yes/Yes PROVOX Systems, Inc. McKinney, TX N/A No/No Staff reviewed the proposals and determined that three proposers were responsive and responsible. A selection committee evaluated the three proposals and requested that two firms provide presentations. Following the presentations, the committee ranked those firms, which resulted in CivicPlus, LLC as the top -ranked firm. Subsequent negotiations with staff produced the attached Agreement No. 23-8133 providing for an initial five-year contract term with the option for an additional five one-year renewal terms. The current Agreement with Granicus, LLC expires on June 19, 2024 but the Parties agree to enter into the attached Amendment Two that extends the termination date through December 18, 2024, to allow sufficient time for system configuration and testing. Staff recommends approval of both Agreement No. 23-8133 with CivicPlus, LLC, and Amendment Two to Agreement No. 15-6431 with Granicus, LLC to extend services for an additional six months. FISCAL IMPACT: Funds for the first year of services for $26,016.75 are available in the County Manager Administration Fund Center (100110). The Total cost for the first five (5) years is estimated at $123,268.03. Following Year 2 the cost increases by 5% for the remaining years of the contract. The cost for Granicus services for the six-month extension is $12,819.94 which are also available in the County Manager Administration Fund Center (100110). GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award RFP No. 23-8133 for Agenda Management Software to CivicPlus, LLC, and Packet Pg. 1725 16.F.11 03/12/2024 approve the related attached Agreement with Civic Plus, as well as approving Amendment Two to Agreement No. 15-6431, BCC Agenda Software Replacement with Granicus, LLC (extending services thereunder for an additional six months), and authorize the Chairman to sign the attached agreement and amendment. Prepared by: Geoff Willig, County Manager's Office Management Analyst II ATTACHMENT(S) 1.23-8133 VendorSigned_CivicPlus (PDF) 2.23-8133Insurance _CivicPlus (PDF) 3. [Linked] 23-8133 Solicitation (PDF) 4. [Linked] 23-8133 CivicPlus Proposal (PDF) 5.23-8133 Final Ranking (PDF) 6.23-8133 NORA_Executed (PDF) 7. 15-6431 SecondAmendCAO_Granicus (PDF) 8. [Linked] Exhibit 1 (PDF) Packet Pg. 1726 16.F.11 03/12/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.11 Doe ID: 28157 Item Summary: Recommendation to award Request for Proposal ("RFP") No. 23-8133 for Agenda Management Software to CivicPlus, LLC, and approve the related attached Agreement with Civic Plus, as well as approving Amendment Two, with Granicus, LLC pertaining to Agreement No. 15-6431, BCC Agenda Software Replacement (extending the existing services thereunder for an additional six months). Meeting Date: 03/12/2024 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 03/04/2024 4:49 PM Submitted by: Title: Manager - Procurement — Procurement Services Name: Sandra Srnka 03/04/2024 4:49 PM Approved By: Review: Corporate Compliance and Continuous Improvement Megan Gaillard Procurement Services County Attorney's Office Corporate Business Operations Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Sandra Srnka Director Review Scott Teach CAO Reviewer Kenneth Kovensky Corporate Business Operations Review Geoffrey Willig Level 3 OMB Gatekeeper Review Blanca Aquino Luque OMB Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Additional Review Completed 03/06/2024 10:15 AM Completed 03/06/2024 3:07 PM Completed 03/06/2024 4:01 PM Completed 03/06/2024 4:36 PM Skipped 03/06/2024 4:15 PM Completed 03/06/2024 4:51 PM Completed 03/06/2024 4:52 PM Completed 03/06/2024 5:41 PM 03/12/2024 9:00 AM Packet Pg. 1727 16.F.11.a COLLIER COUNTY AGREEMENT #23-8133 FOR "AGENDA MANAGEMENT SOFTWARE" BETWEEN COLLIER COUNTY AND Civic Plus, LLC EFFECTIVE DATE: ATTACHED: CivicPlus Master Services Agreement with: Exhibit A —Agenda Meetings and Management (CivicClerk and Municode Meetings) Terms Exhibit B — Collier County Additional Terms and Conditions Exhibit C — Statement of Work & Fee Schedule Department/Division Name: County Manager's Office Naples, Florida 34112 Contract Administrator: Geoffrey Willig Telephone: 239-252-8383 E-Mail: Geoffrey.willig@colliercountyfl.gov Packet Pg. 1728 16.F.11.a CP CIVICPWS CivicPlus Master Services Agreement This Master Services Agreement (this "Agreement") governs all Statements of Work ("SOW") entered into by and between CivicPlus, LLC ("CivicPlus"), whose address is 302 South 4th St., Suite 500, Manhattan, KS 66502 and Agreement governs the use and provision of any Services purchased by Collier County, a political subdivision of the State of Florida ("Customer"). Customer, as described in any signed SOW, and the effective date of this Agreement shall commence on the date of signature of the SOW ("Effective Date"). If a SOW has not been executed, then the Effective Date shall be determined as the start date of implementation of any software solution by CivicPlus for Customer. CivicPlus and Customer referred to herein individually as "Party" and jointly as "Parties". Recitals I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content, workflow, and general management software solutions, platforms and associated services (the "Services"); and 11. WHEREAS, Customer wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services, as set forth in the SOW; NOW, THEREFORE, Customer and CivicPlus agree as follows: Agreement Term & Termination 1. This Agreement shall commence on the Effective Date and shall remain in full force for five (5) years from Collier County's Board approval. The Customer may, at its discretion and with the consent of CivicPlus renew the Agreement under all of the terms and conditions contained in this Agreement for five (5) additional one (1) year periods. The County shall give CivicPlus written notice of the Customer's intention to renew the Agreement term prior to the end of the Agreement term then in effect. Any SOW issued during the term of the agreement will survive and be in effect between CivicPlus and Customer, or Services are being provided by CivicPlus to Customer, unless terminated in accordance with this § 1 or as otherwise provided in this Agreement (the "Term"). Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within sixty (60) days after receiving notice of such breach. A delinquent Customer account remaining past due for longer than 90 days is a material breach by Customer and is grounds for CivicPlus termination. CivicPlus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Customer's non-payment. Upon termination for Customer's breach, Customer's right to access or use Customer Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Customer Data. civicplus.com 1 302 South 4th Street, Suite 500 I Manhattan, KS 66502 1 888-228-2233 CACI Packet Pg. 1729 16.F.11.a CP CIVICPLUS 2. Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by § 11 below will terminate and Customer shall cease all use of the CiviePlus Property and Services associated with the terminated SOW and (b) any amounts owed to CiviePlus for work performed prior to termination shall immediately become due in full and payable. If Customer has paid in advance for the Services, and this Agreement terminates due to material breach of this Agreement by CiviePlus, CiviePlus shall refund Customer a prorated amount of any amount already paid. Upon termination by Customer for convenience or due to material breach by Customer, in addition to any remedy provided in this Agreement or provided in law or equity, CiviePlus shall be entitled to retain any amounts already paid, for work already provided. Sections 7, 8, 10, 14, 15, 18, 32 -34, 40, and 42 will survive any expiration or termination of this Agreement. 3. At any time during the Term, CiviePlus may, immediately upon notice to Customer, suspend Customer and any of its Users access to any Service due to a threat to the technical security or technical integrity of the Services. 4. Further the County may terminate this Agreement for convenience with a thirty (30) day written notice. Invoicing & Payment Terms 5. Customer will pay the amounts owed to CiviePlus for the development and implementation of the Customer's Services, as defined in the SOW ("Project Development"), subscription and licensing, and annual hosting, support and maintenance services ("Annual Recurring Services") in accordance with the payment schedule set forth on the applicable SOW. Invoices shall be sent electronically to the indiv idua Ventity designated in the SOW's contact sheet that is required to be filled out and submitted by Customer (the "Contact Sheet"). Customer shall provide accurate, current and complete information of Customer's legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW. Customer will maintain and promptly update the Contact Sheet information if it should change. Upon Customer's request, CiviePlus will mail hard -copy invoices for a $5.00 convenience fee to be added to the mailed invoice. 6. Each SOW will state the amount of days from date of invoice payment is due. Payments are due upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Any late interest fees shall be pursuant to Section §218.74, Fla. Stat. If the Customer's account exceeds 60 days past due, support will be discontinued until the Customer's account is made current. If the Customer's account exceeds 90 days past due, CiviePlus may suspend in progress Project Development and Annual Recurring Services will be discontinued, and the Customer will no longer have access to the Services until the Customer's account is made current. Customer will be given 15 days' notice prior to discontinuation of Services for non-payment. 7. During the performance of Project Development, if Customer requests a change that requires repeated efforts to previously approved work product and such change causes CiviePlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees, Customer does not show up for scheduled meetings or trainings), Customer agrees to reimburse CiviePlus for such additional expenses. CiviePlus shall notify Customer prior to incurring such expenses and shall only incur those expenses which are approved by Customer. Travel expenses shall be reimbursed as per Section § 112,061, Fla. Stat. and must be pre -approved in writing by the County. Ownership & Content Responsibility 8. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Customer will own any website graphic designs, Services content, module content, importable/exportable data, and archived information ("Customer Content") created by CiviePlus on behalf of Customer pursuant to this Agreement. "Customer civicplus.com 1 302 South 41h Street, Suite 500 1 Manhattan, KS 66502 1 888-228-2233 Packet Pg. 1730 16.F.11.a CP CIVICPWS Content" also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which Customer provides to CiviePlus for processing, transmission, storage, or inputs into any website, software or module in connection with any Services. Customer Content excludes any content in the public domain and any content owned or licensed by CiviePlus, whether in connection with providing Services or otherwise. 9. Upon completion of the Project Development, Customer will take over the management and control of the Services and Customer will assume full responsibility for Customer Content maintenance and administration. Customer, not CiviePlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. Customer hereby grants CiviePlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the Services. Customer represents and warrants that Customer owns all Customer Content or that Customer has permission from the rightful owner to use each of the elements of Customer Content and that Customer has all rights necessary for CiviePlus to use the Customer Content in connection with providing the Services. Customer agrees that CiviePlus shall not be responsible or liable for the content of messages created by Customer or by Customer's Users or end -users who access Service. Notwithstanding the foregoing, CiviePlus retains the right, but not the obligation, to remove any Customer Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third - party rights. 10. At any time during the term of the applicable SOW, Customer will have the ability to download the Customer Content and export the data that is processed through the Services ("Customer Data"). Customer may request CiviePlus to perform the export of Customer Data and provide the Customer Data to Customer in a commonly used format, at any time, for a fee to be quoted at time of request and approved by Customer. Upon termination of the applicable SOW for any reason, whether or not Customer has retrieved or requested the Customer Data, CiviePlus reserves the right to permanently and definitively delete the Customer Content and Customer Data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Customer will not have access to the Services. 11. Intellectual Property in the software or other original works created by or licensed to CiviePlus, including all software source code, documents, and materials used in performing the Services ("CiviePlus Property") will remain the property of CiviePlus. CiviePlus Property specifically excludes Customer Content. Customer shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CiviePlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CiviePlus Property; (iii) create internet "links" to the CiviePlus Property software or "frame" or "mirror" any CiviePlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than Customer, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the software source code to all or any portion of the Services; (v) make any attempt to gain unauthorized access to the Services and/or any of CiviePlus' systems or networks; or (vi) access any CiviePlus Property in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CiviePlus Property, or (c) copy any ideas, features, functions or graphics of any CiviePlus Property. The CiviePlus name, the CiviePlus logo, and the product and module names associated with any CiviePlus Property are trademarks of CiviePlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement. 12, Provided Customer complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in § 10, CiviePlus hereby grants Customer a limited, nontransferable, nonexclusive, non -assignable license to access and use the CiviePlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as CivicpluS.Com 1 302 South 01 Street, Suite 500 1 Manhattan, KS 66502 1 888-228-2233 1',— Colo) Packet Pg. 1731 16.F.11.a CP CIVICPWS intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CiviePlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud. 13. All CiviePlus helpful information and user's guides for the Services ("Documentation") are maintained and updated electronically by CiviePlus and can be accessed through the CiviePlus "Help Center". CiviePlus does not provide paper copies of its Documentation. Customer and its Users are granted a limited license to access Documentation as needed. Customer shall not copy, download, distribute, or make derivatives of the Documentation. 14. Customer acknowledges that CiviePlus may continually develop, alter, deliver, and provide to the Customer ongoing innovation to the Services, in the form of new features and functionalities. CiviePlus reserves the right to modify the Services fiom time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the Customer at no additional charge. In the event that CivicPlus creates new products or significant enhancements to the Services ("New Services"), and Customer desires these New Services, then Customer will have to pay CiviePlus the appropriate fee for the access to and use of the New Services. CiviePlus shall use its reasonable best efforts to provide workarounds in the event any modification to the Services causes Customer to lose substantial functionality of the Services. 15. CiviePlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Customer to CiviePlus in connection with its access to and use of the Services (all reports, comments and suggestions provided by Customer hereunder constitute, collectively, the "Feedback"). Customer hereby grants to CiviePlus a worldwide, non-exclusive, irrevocable, perpetual, royalty -free right and license to incorporate the Feedback in the CiviePlus products and services. Indemnification 16. CivicPlus will defend at its expense or settle any third -party claim against Customer alleging that the Services provided under this Agreement infringe intellectual property rights. CiviePlus will pay infringement claim defense costs, CivicPlus— negotiated settlement amounts, and damages finally awarded by a court. CiviePlus has no obligation for any claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement. CivicPlus's indemnification obligations under this Section 15 are conditioned upon the Customer (i) promptly notifying the CiviePlus of any claim in writing; (ii) cooperating with CivicPlus in the defense of the claim; and (iii) granting CiviePlus sole control of the defense or settlement of the claim. The indemnification obligations of CiviePlus herein shall not apply to any claims of intellectual property infringement related to Client Content. Responsibilities of the Parties 17. CiviePlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third -party service provider whose facilities or services are used in furnishing any portion of the Service received by the Customer. 18. CiviePlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Customer or any entity employed/contracted on the Customer's behalf. During Project Development, Customer will be responsive and cooperative with CiviePlus to ensure the Project Development is completed in a timely manner. 19. Customer agrees that it is solely responsible for the end -user's personal data that Customer decides to solicit, collect, store, or otherwise use in connection with any Service provided by CiviePlus. Customer understands and agrees that CiviePlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data, and it is Customer's responsibility to determine whether the data it solicits and collects should be stored in such solutions. civicplus.com 1 302 South 4►h Street, Suite 500 1 Manhattan, KS 66502 1 888-228-2233 AO Packet Pg. 1732 16.F.11.a CP CIVICPWS Customer understands and agrees that CiviePlus does not have knowledge or control over what type of data Customer solicits therefore CiviePlus has no responsibility for the use or storage of end -users' personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Customer or by any third party of any personal data. Customer has the sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted and stored by CiviePlus. Customer shall not provide to CiviePlus or allow to be provided to CiviePlus any content that (a) infringes or violates any 3rd party's intellectual property rights, rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or foreign laws, regulations, or statutes. 20. Customer is responsible for all activity that occurs under Customer's accounts by or on behalf of Customer. Customer agrees to (a) be solely responsible for all designated and authorized individuals chosen by Customer ("User") activity, which must be in accordance with this Agreement and the CiviePlus Terms of Use; (b) be solely responsible for Customer Data; (c) obtain and maintain during the term all necessary consents, agreements and approvals fi•om end -users, individuals or any other third parties for all actual or intended uses of information, data or other content Customer will use in connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any User's log -in information and the Services, and notify CiviePlus promptly of any known unauthorized access or use of the foregoing; (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CiviePlus Property and shall promptly notify CiviePlus of any unauthorized access or use of the Services and/or CiviePlus Property and any loss or theft or unauthorized use of any n User's password or username and/or personal information; and (f) use the Services only in accordance with applicable laws and regulations. 21. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CiviePlus Property. 22. CiviePlus shall not be responsible for any actor omission of any third -party vendor or service provider that Customer has selected to integrate any of its Services with. 23. Customer understands that CiviePlus must fastidiously allocate resources across all of its customers and specifically reserves necessary resources for Customer's Project Development. If any professional services, such as consulting or training, purchased by Customer are not used during the Project Development phase solely due to the inaction or unresponsiveness of Customer, then these services shall expire 30 days after completion of Project Development. The Customer may re -schedule any unused professional services during this 30-day period as mutually agreed upon by the Parties. Any professional services that have not been used or rescheduled shall be marked as complete and closed upon the expiration of the 30-day period. Data Security 24. CiviePlus shall, at all times, comply with the terns and conditions of its Privacy. CiviePlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data. CiviePlus will not modify Customer Data or disclose Customer Data, except (a) in order to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as specifically directed or expressly permitted in writing by Customer, (d) in compliance with our Privacy Policy; or (f) if compelled by law. Notwithstanding the foregoing, CiviePlus reserves the right to delete, suspend, or block known malicious accounts without Customer authorization. Customer understands that CiviePlus has no obligation to provide the Services or maintain the Customer Data, information or other material if Customer's accounts are past due and unpaid as set forth in this Agreement. 25. Customer acknowledges and agrees that CiviePlus utilizes third -party service providers to host and provide the Services and store Customer Data and the protection of such data will be in accordance with such third parry's safeguards civicplus.com 1 302 South 4"' Street, Suite 500 1 Manhattan, I<S 66502 1 888-228-2233 Packet Pg. 1733 16.F.11.a CP CIVICPLUS for the protection and the security and confidentiality of Customer's Data. Notwithstanding anything to the contrary, CivicPlus shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and CivicPlus will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings. 26. CivicPlus may offer Customer the ability to use third -party applications in combination with the Services. Any such third -party application will be subject to acceptance by Customer. In connection with any such third -party application agreed to by Customer, Customer acknowledges and agrees that CivicPlus may allow the third -party providers access to Customer Data as required for the interoperation of such third -party application with the Services. The use of a third -party application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the provider of the third -party application, which will govern Customer's use of such third -party application. 27. In the event of a security breach due to the sole negligence, malicious actions, omissions, or misconduct of CivicPlus, CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law. CivicPlus Support 28. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week with 99.9% uptime. Customer will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific support contact methods(https://ivww.civicplus.help/hc/en-us/requests/new). 29. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose sofhvare code -related errors, and proactively identify potential systems issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to sofhvare developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves. 30. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Customer may access the CivicPlus Help Center (civicplus.help) to obtain each product's support hours. After hours support is available by toll- free phone call only. Non -emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced the next business day following the non -emergency support. CivicPlus shall have the sole discretion to determine in good faith whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW. 31. If a reported problem cannot be solved during the first support interaction, Customer will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided. Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible. Marketing 32. Customer hereby authorizes CivicPlus to include CivicPlus's name and logo inconspicuously within the Client's civicplus.com 1 302 South 41h Street, Suite 500 1 Manhattan, KS 66502 1 888-228-2233 nnr Packet Pg. 1734 16.F.11.a CP CIVICPLUS instance of the Services. Customer may publicly refer to itself as a customer of the CivicPlus Services, including on Customer's website and in sales presentations. Notwithstanding the foregoing, each Party hereby grants the other a limited, worldwide, license to use the other's logo in conformance with such Party's trademark usage guidelines and solely for the purposes of providing the Services. In no event will either Party issue a press release publicly announcing this relationship without the approval of the other Party, such approval not to be unreasonably withheld. Limitation of Liability 33. CivicPlus' liability to Customer arising out of or related to this Agreement, or any associated SOW, will not exceed the amounts paid by Customer for the Annual Recurring Services in the year prior to such claim of liability. 34. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement. 35, The liabilities limited by Section 33 and 34 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if Customer is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if Customer's remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus' liability will be limited to the maximum extent permissible. 36. To the extent limited by Florida law, any liability or indemnification by Customer is subject to Fla. Stat. §768.28 and shall not constitute a waiver of its sovereign immunity. Warranties and Disclaimer 37. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party's obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. Customer represents and warrants that Customer has not provided any false information to gain access to the Service and that Customer's billing information provided on the Contact Sheet is correct; and it has all necessary rights in the Customer Content to permit Customer's use of the Service and to grant the licenses contained in this Agreement without infringing the intellectual property or other rights of any third parties, violating any applicable laws, or violating the terms of any license or agreement to which it is bound. 38. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Customer that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of. (i) a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the Services in combination with a third -party service, web hosting service, or server not authorized by CivicPlus. 39, The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CivicPlus or by third -party providers, or because of other causes beyond CivicPlus's reasonable control, but CivicPlus shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE civicplus.com 1 302 South 41" Street, Suite 500 F Manhattan, KS 66502 1 888-228-2233 (Rl� Packet Pg. 1735 16.F.11.a CP CIVICPLUS UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS AND CIVICPLUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING. 40. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CIVICPLUS TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Force Majeure 41. 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, stone, pandemic, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of public enemy, internet service provider failure or delay, third party application failure, denial of service attack, or other cause of similar or dissimilar nature beyond its control. Taxes 42. The amounts owed for the Services exclude, and Customer will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPius's income). If the Customer is tax-exempt, the Customer must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Customer under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Customer agrees to pay for all resulting fines, penalties and expenses. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its Contractors under Chapter 212, Florida Statutes, Certificate of Exemption ##85-8015966531C-1. Other Documents 43. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWS, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any SOW, the terms of such exhibit, amendment, addenda, or SOW will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a customer purchase order or other order documentation (excluding SOWS) will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is to refer and agree to this Agreement. civicplus.com 1 302 South 41h Street, Suite 500 1 Manhattan, I<S 66502 1 888-228-2233 A0 CC 0 Packet Pg. 1736 16.F.11.a CP CIVICPLUS Interlocal Purchasing Consent/ Cooperative Purchasing 44. With the prior approval of CivicPlus, which maybe withheld for any or no reason within CivicPlus's sole discretion, this Agreement and any SOW may be extended to any public entity in Customer's home -state to purchase at the SOW prices and specifications in accordance with the terms stated herein. 45. To the extent permitted bylaw, the teens of this Agreement and set forth in one or more SOW(s) may be extended for use by other local government entities upon execution of a separate agreement, SOW, or other duly signed writing by and between CivicPlus and such entity, setting forth all of the terns and conditions for such use, including applicable fees and billing terns. Miscellaneous Provisions 46. The invalidity or unenforeeability, in whole or in part, of any provision of this Agreement shall not void, affect the validity or enforceability of any other provision of this Agreement. 47. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terns, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to." 48. The Parties will use reasonable, good faith efforts to resolve any dispute between them in good faith prior to initiating legal action. 49. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electronic signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third -party verification is necessary to validate its electronic signature and that the lack of such certification of third party verification will not in any way affect the enforceability of the Parties' electronic signature or any resulting agreement between CivicPlus and Customer. 50. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update Privacy Policy time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Customer with written notice describing such change via email or through its website. Customer's continued use of the Services following such updates constitutes Customer's acceptance of the same. In the event Customer rejects the update to the terns herein, Customer must notify CivicPlus of its objection within ten (l0) days receipt of notice of such update. 53. See Exhibit B "Customer's Additional Terns and Conditions." Exhibit A Agenda Meetings and Management civicplus.com 1 302 South 4'h Street, Suite 500 1 Manhattan, KS 66502 j 888-228-2233 CAD Packet Pg. 1737 16.F.11.a C;) CIVICPLUS (CivicClerk and Municode Meetings) Terms The Customer shall have sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted and stored by CivicPlus. The Customer shall not provide to CivicPlus or allow to be provided to CivicPlus any content that: 1. infringes or violates any third parry's Intellectual Property rights, rights of publicity, or rights of privacy, 2. contains any defamatory material, or 3. violates any federal, state, local, or foreign laws, regulations, or statutes. The scope of the initial implementation services to be delivered by CivicPlus at the time of signing a Statement of Work ("SOW") are as listed in the applicable SOW. The Customer is responsible for providing all information required for the configuration of the services in accordance with the scope and project timeline. Upon the making of the Customer's instance of the Services live and accessible on the internet to the intended audience ("Go -live"), any unused implementation services (ie: board configuration) will expire. Any configuration of additional boards by CivicPlus after Go -Live may incur additional one-time charges based on the scope of the desired configuration, design, and training services. Completion of implementation services will be determined by Go Live status. The parties agree to cooperate in a timely manner to complete all implementation tasks and deliverables in order to obtain Go -Live status of the Services in a timely manner. CivicPlus will make reasonable efforts to confirm Go Live status with the Customer, but reserves the right to deem the Customer's use of the Services in the intended course of business as Go Live, CivicPlus Media Agreed upon Closed Captioning rates: Closed Captioning Services and Associated Fees The Customer is responsible for requesting and initiating the Close Captioning Services, including the specific Category of Services desired, as set forth above, on the Customer's production site. CivicPlus will use commercially reasonable efforts to provide the completed Work Product (as defined below) to civicplus.com 1 302 South 4Fh Street, Suite 500 1 Manhattan, KS 68502 ! 888-228-2233 67,a Packet Pg. 1738 16.F.11.a CP CIVICPLUS the Customer within 4 business days of Customer initiation, with regard to Transcriptionist -Based Closed Captioning, and within 24 hours of Customer initiation, with regard to Machine -Based Closed Captioning. CivicPlus will use commercially reasonable efforts to provide the Services in a manner consistent with applicable industry standards. By initiating the Services on the production site, the Customer is agreeing to all associated costs for its use of the Services. The Fees for the Services used by the Customer shall be invoiced by CivicPlus on a monthly basis, in arrears. Such invoice to include: the Category of the Services used; the duration, in minutes (rounded to the nearest minute), each category of Services was used in the prior month; and the total amount owed to CivicPlus by the Customer for the Services used in the month prior. If, at any time, the Customer's account is past due, as provided by in this Agreement, CivicPlus may refuse to provide the Services until the Customer's account is brought up to date and all unpaid amounts owed are paid. Upon full and total payment, the Customer shall own the certain transcription and captioning work product produced by the Services (the "Work Product"). The Customer understands and agrees that the audio characteristics may increase transcription pricing, the Rates for the Services provided above assumes the audio is reasonably clear and good, good audio is any media that is clearly recorded in a controlled environment with one person talking at a time with minimal background noise and no media defects. The format must be recorded in the specific formats required and communicated to the Customer by CivicPlus. CivicPlus does endeavor to provide an accurate Work Product; however, The Customer should be aware that any audio that does not meet the criteria above may impact the quality of the Work Product and cause it to drop in accuracy. Accuracy is defined as: 1. words are spelled correctly; 2. phrases and sentences make sense in a standalone document; and 3. text is near exact replication of spoken words. The Work Product will not include unintended speech such as "ums" and "uhs", stuttered speech, or difficult proper nouns. The Services and Work Product are provided on an "as is" basis, and the Customer's use of the Services is at its own risk. CivicPlus does not warrant that the Services or the Work Product will be uninterrupted or error -free or unaffected by force majeure events. Boards and Committees Applications The Boards and Committees Application is solely intended for the display of board positions, applications thereto, and approval workflow for applicants to such boards (the "Intended Use"). Customer shall not create additional forms, workflows, workflow events, or boards, nor allow users to utilize the Board and Committees Application for any purposes not related to the Intended Use. civicplus.com 1 302 South 4"` Street, Suite 500 I Manhattan, KS 66502 1 888-228-2233 nw Packet Pg. 1739 16.F.11.a CP CIVICPLUS Customer will not solicit for sensitive PII to be stored in the Boards and Committees Application. Customer shall remain responsible for the type and treatment of data stored in the Boards and Committees Application in compliance with applicable law. civicplus.com 1 302 South 4'h Street, Suite 500 1 Manhattan, KS 66502 1 888-228-2233 CAD Packet Pg. 1740 16.F.11.a EXHIBIT B COLLIER COUNTY ADDITIONAL TERMS AND CONDITIONS Agreement #23-8133 PAYMENT AND INTEREST FEES: Payments are due upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Any late interest fees shall be pursuant to Section 218.74, Fla. Stat. 2. SALES TAX. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C-1. 3. AGREEMENT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the County Manager's Office. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Contractor Name: Amy Vikander Address: 302 South 4th St., Suite 500 Manhattan, KS 66502 Attention Name & Title: Amy Vikander, SR. VP of Customer Success E-Mail(s):ykander .civicr)lus.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Collier County Manager's Office COUNTY: Board of County Commissioners for Collier County, Florida Division Name: Collier County Manager's Office Address: 3299 Tamiami Trail E., Ste. 202 Administrative AgenVPM: Geoffrey Willig Telephone: 239-252-8383 E-Mail(s): Geoffrey.willig@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. TERMINATION. Either Party may terminate this Agreement for convenience with a sixty (60) day written notice. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Page I of 5 COLLIER COUNTY ADDITIONAL TERMS AND CONDITIONS C�,O Packet Pg. 1741 16.F.11.a 6. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or state law. 7. PUBLIC ENTITY CRIME: By its execution of this Agreement, the Contractor acknowledges to comply with the terms of Section 287.133 of the Florida Statutes and inform the County of the conviction of a public entity crime. 8. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability:_ Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Technology E&C: Coverage shall have minimum limits of $1,000,000 per claim and in the aggregate. E. Cyber Liability: Coverage shall have minimum limits of $1,000,000 per occurrence. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder. The Certificate of Insurance must state the Contract Number, or Specific Project Description or must read: For any and all work performed on behalf of Collier County. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 9. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any third party liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. Page 2 of 5 COLLIER COUNTY ADDITIONAL TERMS AND CONDITIONS (CAO Packet Pg. 1742 16.F.11.a This section does not pertain to any incident arising from the negligence or misconduct of Collier County. 10. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 11. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 12. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 13. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecord Reg uest(&colIiercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied Page 3 of 5 COLLIER COUNTY ADDITIONAL TERMS AND CONDITIONS row) Packet Pg. 1743 16.F.11.a within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 14. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 15. VENUE AND CHOICE OF LAW. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters and shall apply Florida substantive law. 16. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Such prior written consent shall not be unreasonably withheld. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. Such prior written consent shall not be unreasonably withheld. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be Page 4 of 5 COLLIER COUNTY ADDITIONAL TERMS AND CONDITIONS CPO Packet Pg. 1744 16.F.11.a bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 17. ORDER OF PRECEDENCE. In the event of any conflict between the Contract documents, such conflict will be resolved in the following order of precedence: These Additional Terms (which is a part of the Agreement), Contractor's Master Services Agreement, Contractor's Statement of Work, Contractor's Response to RFP #23-8133. 18. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) #23-8133 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 19. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 5 of 5 COLLIER COUNTY ADDITIONAL TERMS AND CONDITIONS OHO Packet Pg. 1745 STATEMENT OF WORK & FEE SCHEDULE Exhibit C — Agreement 923-8133 16.F.11.a C;0 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 us Client: COLLIER COUNTY, FLORIDA Statement of Work Quote #: Q-43260-1 Date: 5/25/2023 1:08 PM Expires On: 2/29/2024 Bill To: COLLIER COUNTY, FLORIDA SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Darren Cornejo I darren.cornejo@civicpius.com QTY PRODUCT NAME DESCRIPTION PRODUCT TOTAL TYPE 1.00 CivicClerk Custom IdP Integration Custom IdP Integration Package Renewable USD 0.00 Package Custom IdP Integration Annual Fee Custom IdP Integration Implementation Fee 1.00 CivicClerk Custom IdP Integration Custom IdP Integration Annual Fee Renewable USD 1,733.00 Annual Fee 1.00 CivicClerk Year 1 Annual Fee Year 1 Annual Fee Discount Renewable USD-433.25 Discount 1.00 CivicClerk Custom IdP Integration Custom IdP Integration Implementation One-time USD 1,575.00 Implementation Fee Fee 1.00 CivicClerk Annual Fee - Custom CivicClerk Annual Fee - Agenda and Renewable USD 15,950.00 Minutes Management 1.00 CivicClerk Year 1 Annual Fee Year 1 Annual Fee Discount Renewable USD-3,987.50 Discount 1.00 Agenda & Meeting Management Ultimate Implementation Package — Up USD 0.00 Select Ultimate Implementation to # of Boards Package 1.00 CivicClerk Virtual Consulting (Half Consulting (Virtual) - half day, up to 4 One-time USD 960.00 Day Block) hours 1.00 CivicClerk Ultimate Configuration CivicClerk Ultimate Configuration One-time USD 2,880.00 2.00 CivicClerk Virtual Training (Half Training (Virtual) - half day, up to 4 One-time USD 1,440.00 Day Block) hours V. PD 06.01,2015-0048 Page 1 of 3 a CEO Packet Pg. 1746 16.F.11.a STATEMENT OF WORK & FEE SCHEDULE Exhibit C — Agreement #23-8133 QTY PRODUCT NAME DESCRIPTION PRODUCT TOTAL TYPE 1.00 CivicClerk Custom Template CivicClerk Custom Template Set - One-time USD 420.00 Design includes 2 Agenda templates, 1 Item Report template, 1 Minutes template, 1 Agenda Script template 1.00 Live Meeting Manager Annual Fee CivicClerk Live Meeting Manager Renewable USD 3,806.00 Annual Fee - Live Meeting, Electronic Voting, Display Pages 1.00 CivicClerk Year 1 Annual Fee Year 1 Annual Fee Discount Renewable USD-951.50 Discount 1.00 CivicClerk Historical File Import CivicClerk Historical File Import (up to One-time USD 2,625.00 (up to 7,500 files — PDF 1 MP31 7,500 files -- PDF 1 MP31 MP4) MP4) Total Investment - Year 1 USD 26,016.75 Annual Recurring Services - Year 2 USD 22,563.45 Annual Recurring Services -- Year 3 USD 23,691.62 Annual Recurring Services — Year 4 USD 24,876.20 Annual Recurring Services — Year 5 USD 26,120.01 Initial Term & Renewal Date 5 Years from signing Total Investment — Year 1 Invoice Schedule 100% Invoiced upon Signature Date Renewal Procedure Upon mutual agreement by the parties Annual Recurring Services Invoice Schedule Annually on date of signing Annual Uplift 5% starting in Year 2 *Closed Captioning rates are outlined in Exhibit A. This Statement of Work ("SOW') shall be subject to the terms and conditions of the CivicPlus Master Services Agreement #23-8133 and exhibits hereto, (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW. V. PD 06.01.2015-0048 Page 2 of 3 Q � ) CAO Packet Pg. 1747 STATEMENT OF WORK & FEE SCHEDULE Exhibit C — Agreement #23-8133 16.F.11.a Acceptance The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date: For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature By: Board of County Commissioners Collier County Florida Name: Chris Mall Chairman Title: Date: ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller LIM Dated: (SEAL) Approved as to form and legality: County Attorney CivicPlus By: Na e: Amy Vikander Title: Senior VP of Customer Success Date: 3/1 /2024 V. PD 06,01.2015-0048 Page 3 of 3 Q CAO Packet Pg. 1748 1 16.F.11.b ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE 3/5/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alliant Insurance Services, Inc. PHONE J°e Webster FAX 32 Old Slip 29th FI A/C No Ext : A/C No), New York NY 10005 ADDRESS: joseph.webster@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Casualty Company of R 20427 INSURED INSIPAR-02 INSURERB: National Fire Insurance Compan 20478 CIVICPIus, LLC (Refer to Named Insured Schedule) INSURERC: Continental Insurance Company 35289 302 S 4th St, Ste. 500 INSURER D : Endurance American Specialty 1 41718 Manhattan KS 66502 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1172865439 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM£ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 7037146004 5/17/2023 5/17/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑ PRO- � JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y 7037146018 5/17/2023 5/17/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAB X OCCUR 7037145998 5/17/2023 5/17/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 7037146035 7037146021 5/17/2023 5/17/2023 5/17/2024 5/17/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Cyber/ Tech E&O PR030018745601 4/30/2023 4/30/2024 Limit $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WC - 7037146035 - CA WC - 7037146021 - AOS For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County are included as Additional Insured with regards to the General Liability and Auto Liability as required by written contract subject to the policy terms and conditions. Coverage is Primary and Non -Contributory as required by written contract subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Collier County Board of Commissioners 3295 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1749 16.F.11.b Name and Address of Named Insured CIVICPLUS, LLC I ICP PATTI, LLC I (CIVICPLUS HOLDINGS, LLC I ICVP PLUS, INC NEXTREQUEST LLC AS LEM INTERCO, LLC ICON ENTERPRISES, INC. CIVICPLUS, LLC AND ITS DIRECT AND INDIRECT SUBSIDIARIES I ISEECLICKFIX, LLC I IARCHIVESOCIAL, LLC I IMONSIDO HOLDINGS, LLC AS LEM TOPCO, INC. MUNICODE LLC ICON ENTERPRISES, INC. DBA CIVICPLUS CVP INTERMEDIATE, INC 302 S 4TH ST STE 500 MANHATTAN, KS 66502-6410 E Q ti Ln oo N 7 a V I N v c R L N C M M T op M N C N E t U M r r Q Packet Pg. 1750 16.F.11.b CNA 1 Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 16; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7037146018 Policy Effective Date: 05/17/2023 Policy Page: 77 of 89 ° Copyright CNA All Rights Reserved. Packet Pg. 1751 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability — Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Non -owned Watercraft 15. Personal And Advertising Injury — Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation — Blanket CNA74872XX (1-15) Policy No: 7037146004 Page 1 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIv1CPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1752 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. CNA74872XX (1-15) Policy No: 7037146004 Page 2 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1753 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or r v b. the construction, erection, or removal of elevators; or 0 N O c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. CNA74872XX (1-15) Policy No: 7037146004 Page 3 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1754 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; If. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or If. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. CNA74872XX (1-15) Policy No: 7037146004 Page 4 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1755 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 2. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own N insurance means insurance on which the additional insured is a named insured. a B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: 0 0 Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to 0 such person or organization is excess of any other insurance available to such person or organization. N 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE CNA74872XX (1-15) Policy No: 7037146004 Page 5 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1756 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. CNA74872XX (1-15) Policy No: 7037146004 Page 6 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1757 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 7. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to 0 the Named Insured's primary business purpose, and only if: 0 (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. r 0 (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will 0 be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; " and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: CNA74872XX (1-15) Policy No: 7037146004 Page 7 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1758 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. CNA74872XX (1-15) Policy No: 7037146004 Page 8 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1759 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the a following: a 0 Other Insurance 0 b. Excess Insurance 0 r (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased " specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor • the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such CNA74872XX (1-15) Policy No: 7037146004 Page 9 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1760 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. CNA74872XX (1-15) Policy No: 7037146004 Page 10 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1761 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: ; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. N V 0 This exclusion does not apply to: 0 (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: 0 0 (a) less than 75 feet long; and 0 (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: CNA74872XX (1-15) Policy No: 7037146004 Page 11 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1762 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. CNA74872XX (1-15) Policy No: 7037146004 Page 12 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1763 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. a B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the 0 Other Insurance conditions is amended to add the following paragraph: 0 This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other 0 basis that is Property insurance covering property of others damaged from the use of elevators. 0 0 18. SUPPLEMENTARY PAYMENTS 0 N The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: CNA74872XX (1-15) Policy No: 7037146004 Page 13 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1764 116.F.11.b I CNA CNA PARAMO Technology General Liability Extension Endorsement A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effector becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74872XX (1-15) Policy No: 7037146004 Page 14 of 14 Endorsement No: 10 AMERICAN CASUALTY CO OF READING, PA Effective Date: 05/17/2023 Insured Name: CIVICPLUS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 1765 16.F.11.e Selection Committee Final Ranking Sheet Procurement Services Division RFP #: 23-8133 Title: Agenda Management Software Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals (from highest being number one (1) to lowest. Step 2: The procurement professional will review the mathematically calculated final rank and call out the final rank order. Name of Firm Geoff Willig Diane Lynch Drew Cody Todd Henry Dustin Debres Total Selection Committee Final Rank Tie Breaker CivicPlus, LLC 1 1 2 2 Not 6 1.0000 1 Granicus, LLC 2 2 1 1 in 6 1.0000 2 attendance Procurement Professional 3cw'lrcwcv Lowwe, Date I 11-Aug-23 Page 1 of 1 Packet Pg. 1766 DocuSign Envelope ID: IFEF3340-448C-45D2-AE9D-39E72FCA5CEA 16.F.11.f o�r county Procurement Services Division Notice of Recommended Award Solicitation: 23-8133 Title: Agenda Management Software Due Date and Time: June 6, 2023, at 3:00 pm EST Respondents: Company Name City County State Final Ranking Responsive/Responsible CivicPlus, LLC Manhattan Riley KS 1 Yes/Yes Granicus, LLC St. Paul Ramsey MN 2 Yes/Yes Stickboy Creative, LLC Fort Myers Lee FL Not Ranked Yes/Yes PROVOX Systems, Inc. McKinney Collin TX Not Ranked No/No Utilized Local Vendor Preference: Yes = No = Recommended Vendors) For Award: On May 5, 2023, the Procurement Services Division released Request for Proposal ("RFP") No. 23-8133 to forty- seven thousand sixty-five (47,065) for Agenda Management Software project. Fifty-five (55) bid packages were viewed and four (4) submittals were received by the June 6, 2023, deadline. All bidders were found to be responsive and responsible with the exception of PROVOX Systems, Inc. PROVOX Systems, Inc. was found non- responsive for not providing all of the required documentation. The Selection Committee met on June 30, 2023. After review of the proposals and deliberation, the Committee scored the proposals and shortlisted the top two (2) firms to move to oral presentations. On August 11, 2023, the Selection Committee reconvened for oral presentations and final ranking. The final ranking resulted in a tie between the two firms. Pursuant to the solicitation documents and the Collier County Procurement Manual, the order of ranking was determined based upon the proposer with the lower volume of work previously awarded in the twenty-four months prior to the RFP submittal deadline. The firms were ranked as follows: CivicPlus, LLC— ranked as 1 Granicus, LLC — ranked as 2 Staff is recommending award to the top -ranked firm CivicPlus, LLC. Contract Driven = Purchase Order Driven 0 by: Required Signatures Project Manager: I 0AAA'_S tzA*Mt*t r 8/29/2023 Procurement Strategist: by: 14490C19A3D448F__ Procbare gedn YServices Director: Ei 8/29/2023 3Eccc errera5 Date Sandra Yi Packet Pg. 1767 16.F.11.g SECOND AMENDMENT TO AGREEMENT #1.5-6431. FOR BCC AGENDA SOFTWARE REPLACEMENT THIS SECOND AMENDMENT made and entered into on this (date), by and between Granicus, LLC (the "Conti -actor" or "Granicus") and Collier County, a political subdivision of the State of Florida, (the "County")(colIectively, the "Parties"): WHEREAS, on December 8, 2015, (Agenda Item No. 16.E.It), the County entered into Agreement # 15-6431 (the "Agreement"), "BCC Agenda Software Replacement," with Accela, Inc. for an initial four-year term with four additional one-year renewal periods; and WHEREAS, on September 25, 2018, (Agenda Item No. 16.E.6), the County approved an Assumption Agreement with Granicus, LLC., recognizing the acquisition of Accela, Inc. by Granicus and formalizing Granicus rights and obligations under the Agreement; and WHEREAS, on August 8, 2019, the Parties amended the Agreement to revise the end date of the existing term by 14 days, from December 8, 2019, to December 22, 2019, to coincide with the Granicus' billing dates and allowing subsequent renewal terns to follow the same. WHEREAS, on June 26, 2023, the Parties agreed to administratively extend the Agreement through June 19, 2024. NOW, THE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The preceding recitals are true and correct and are incorporated into this Second Amendment by reference as if set forth herein. 2. The Parties agree to extend the existing termination date of June 19, 2024, through and including December 18, 2024, 3. The Parties finther agree to the continual the IQM2- Agenda & Minutes solutions and fees identified in Exhibit 1 attached hereto. (SIGNATURE PAGE TO FOLLOW) * * * * * *Remainder of page intentionally left blank* * * * * * M tC LO CD E s U 2 Q Page 1 of 2 Second Amendment to Agreement ##15-6431 Packet Pg. 1768 16.F.11.g IN WITNESS WHEREOF, the Parties hereto, by an authorized person or agent, have executed this Second Amendment on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness TTypelprint witness nameT Contractor's Second Witness TTypelprint witness nameT Approved as to Form and Legality: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Un Chris Hall, Chairman Granicus, LLC Signature TTypelprint signature and titleT 3 V L c� 0 a 0 c as E a _ 0 m C0 M tC L0 VMM Page 2 of 2 Second Amendment to Agreement 915-6431 Packet Pg. 1769 G GRANICUS 16.F.11.g ORDER DETAILS Prepared By: Phone: Email: Order #: Prepared On: Expires On: ORDER TERMS Currency: Payment Terms: Current Subscription End Date: Period of Performance: THIS IS NOT AN INVOICE Granicus Proposal for Collier County Fl. Bernadette Foley bernadette.foley@granicus.com Q-329455 06 Feb 2024 19 Jun 2025 Order Form Prepared for Collier County FL USD Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) 19 Jun 2024 20 Jun 2024 - 18 Dec 2024 Order #: Q-329455 Prepared: 06 Feb 2024 Packet Pg. 1770 16.F.11.g GRANICU s Order Form Collier County FL PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Renewing Subscription Fees Solution Period of Billing Quantity/ Annual Fee Prorated Fee Performance Frequency Unit IQM2 - Agenda & Minutes 20 Jun 2024 -18 Dec 2024 Monthly 1 Each $25,840.47 $12,819.94 SUBTOTAL: $25,840.47 $12,819.94 Q Order #: Q-329455 Prepared: 06 Feb 2024 Packet Pg. 1771 16.F.11.g ((� GRAN ICUS PRODUCT DESCRIPTIONS Order Form Collier County FL Solution Description IQM2 - Agenda & Minutes Easily prepare for meetings, approve agenda items, generate documents, create meeting packets and capture minutes. Order #: Q-329455 Prepared: 06 Feb 2024 Q -- F-I�j Packet Pg. 1772 16.F.11.g rrll'��� GRANICUS U/ Order Form Collier County FL • TbISqkfete a El 611 PFE) Ad seRHees ellyeFed eFelindefeFEgeVeWed by the teffnOeGElted at FaFii i Fi51Rineluding an"roduet spee+#ie ierms indudeEPheF (the "Liwe r@FeeFlaent")-if yedfF eWnF }mien a d GFaRi6 US hEis enleF Fide a separate -O ffeemeRt eF isit#tliAng a e8RtF c4 eF C ,,.tFeet . `.h'.�I�Fe ee withteQnv_d�e�j���� ��`"'`"'C7C7'h'Qh"''T'd4ietYs being FeSOl YGCI"TA fsYeF ef the t{ubffi'!thg a4l4jrehese GFdeF-please �neltje1^ thefelleyAng lenguege:4he-pFieineME�C-eAdi#ieRs e#qUe#e a Thir n, •O�T[.�3"" -ief applieeble staie,loecil, `.fl-'fd fei +. xes ..hiehl if��Il,.C7e-iRGfR• fed in the i it isthefespensiieili#y-e#C-eliieFGapplieeble • Any lapse in peymN FegeiFe-#�ep #iiesubseF ptiem- Order #: Q-329455 Prepared: 06 Feb 2024 Q aei Packet Pg. 1773 16.F.11.g GRANICUS 81111log-Ge teeit BIHIng-Address, flureih�fdet Regbired?- if PO r,-- q ir,-- ! i frog Phet e: 99E-Order, pleage-inelude!he -felle 4Nfig4anguege: -T,4e--p6c4 B"@n emEl- C-eIlieFGaim" Tmex Order #: Q-329455 Prepared: 06 Feb 2024 Order Form Collier County FL N 3 V /Ln V O a V E a 0 U 0 cn M t0 LO C E t V f6 r Q 9 Packet Pg. 1774 CAMT Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR AGENDA MANAGEMENT SOFTWARE SOLICITATION NO.: 23-8133 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 23-8133 PROJECT TITLE: AGENDA MANAGEMENT SOFTWARE PRE -PROPOSAL CONFERENCE: N/A LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: Tuesday, June 6, 2023, at 3:00 pm EST PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hl�2s://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the County Manager's Office (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $30,000 for annual maintenance and subscription for the software; however, this may not be indicative of future buying patterns. BACKGROUND The County is seeking a software solution that has multifaceted and interactive workflow approval and will prepare, develop, and publish the County's public meeting agendas, including the Board of County Commissioners (BCC). The County published one hundred and thirty-six (136) agendas in 2022 and has more than three hundred (300) active users in the system. BCC agendas generally range between 1,200-6,000 pages. The County's current Agenda Management System resides with Granicus, LLC, formerly known as Accela, Inc., since December of 2015. As described in this RFP, the County wishes to select a solution to replace the current software and migrate all prior content. The County will sunset Granicus and move to a single centralized software solution that is easy to use and maintain, ensuring that our citizens and employees have access to all historical and future agendas. Collier County is interested in receiving proposals from firms whose software prepares, develops, and publishes an agenda system and which has multifaceted and interactive customer approval workflow. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for five (5) years with five (5) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. DETAILED SCOPE OF WORK The purpose of the Request for Proposal (RFP) is to identify and select a vendor with a proven record of accomplishment in the planning, implementation, and support of an Agenda Management System that is used by staff members who write, review, approve, manage, compile, and/or publish agendas, staff reports, and minutes. The County is open to proposals of either on premise or hosted (SaaS) solutions including: 1. Provide agenda item standardization and accuracy, including: • Ability to load multiple documents for each item at one time • Ability to lock "item title" with limited edit permissions, tied to multiple deadlines • Allow for drop down menu options to ensure consistency and better reporting • Create items as a placeholder (i.e. draft status) for partially complete items before item goes into workflow • Provide for document ordering based on customized rules, including the executive summary, approval sheets, contracts, budget amendments, etc. • Provide for Executive Summary title tied to Index title (no duplication of edits) • Spelling and grammar check; and • Provide templates that can assist users when creating items with enforced formatting Establish agenda item workflow, including: • Customizable, variable workflows • Required item approvers • Item reviewers, who can review but are not required to approve items • Sequential review of items by reviewers/approvers • Simultaneous and sequential review within the same workflow, based on workflow rules; and • Simultaneous review of items by reviewers/approvers Provide for item status, workflow location, and customized review and approval workflow, including: • Dashboard reports and customizable reports (with varying display filters) visible to item owner and other reviewers/approvers • Email notifications based on user requirements such as unapproved items waiting in queues, changes made in workflow, workflow status changes • Full history of all changes / comments that have been made and who made changes with a time date stamp • Intuitive approver process • Items appear in workflow quickly (within 5 minutes) after being entered or approved • Add, remove, or change an additional approver after workflow has begun • Ability to indicate an estimated time to hear each item • Ability to open more than one (or all) backup documents with one "click" • Ability to remove or change an approver after workflow begins • Authorized users can reopen approved issues and reset status of item • "Drag and drop" agenda items for re -ordering in the agenda • Edit ability at first level in workflow (level 1) • Email notification of changes made in workflow • Email notification of unapproved items waiting in queues • "Out of Office" feature to designate approvers in case of absence • Status of index can be set to "finalized" • Status of ordering can be set to "finalized" when the order is final • Ability to establish automatic escalation capabilities • Ability to create a report that shows what workflow stage each item is in; and • Customized dashboards with workflow progress Allow for agenda item creation, including: • Ability to load individual or multiple documents for each agenda item • Ability to draft agenda items and allow them to remain in "partially complete" status prior to engaging workflow • User friendly / intuitive drop -down menu options • Executive Summary templates which can be edited without cutting and pasting each section separately • Items not released to workflow until all backup is attached • Standardized and easily searchable approver name formats • Standardized template language for fields (i.e. Fiscal Impact, Legal Considerations and the ability to add others) • Ability to drag and drop attachments; and • Ability to incrementally upload agenda packet items 5. Ability to monitor, including: • Ability for users to see where an item or items are in the approval process • Ability to lock "item title" with limited edit permissions • Ability to view items after they are approved • After agenda is finalized, ability to print single item and attachments with agenda packet page numbers • Allow download of documents from workflow (no need to go to another "tab") • Email notification as items move through the workflow • Email notification to originator and or others if an item is not moving • Ensure agenda item numbers update when moved • Item status (level, queue) listed in workflow; and • Pre-programmed and ad -hoc reporting capability 6. Ability to edit during and post meeting, including: • Changes to item order are automatically reflected in the item index and underlying item pages • Changes to item order are tracked and cross-referenced back to original item number • "Drag and drop" re -ordering of items • Electronic change sheet that captures changes during the meeting without changing the index • Making notes on the index and backup material in the system during the meeting • Mobile Client for BYOD (Bring Your Own Device) users to download and view the agenda • Real time re -ordering of items at any time by authorized users; and • When an item is moved to the next meeting, make that item visible to the public with a note showing it was moved and date and agenda item 7. Other system administration and support, including: • Azure SSO for cloud -based applications, Active Directory for on premise. We will be utilizing groups for permissions assignments • The ability to utilize Active Directory attributes such as Title and Department • Convert all files uploaded to the system to PDF formant and not just those that are PDF • Ensure Executive Summaries are always first attachment and approval sheets are always second attachment • Import Agenda Items from the previous two systems to retire those agenda software applications • Compatibility with multiple browsers • Provide a single place for the public to view historical agendas • Provide for a number of open sessions limitations • Ability to search and change users within the user list • Provide history of changes made to each user; and • Speaker registration management system that allows speakers to register for agenda items • Data migration from current software to a new software solution. Implementation, Training and Change Management Services: The successful firm will provide the implementation services, software, and on -going maintenance support that will include but not be limited to: 1. On -going maintenance and support for the County's staff members in multifaceted workflow groups. 2. Provide training and change management services: provide the County with a comprehensive training program to assist with the facilitation and development of end -user training for the implementation of their proposed software. • Collier County is very interested in the delivery of training services that are an efficient use of employee's time, but effective in the transfer of practical knowledge about the use of the new software, including but not limited to "train the trainers," online videos and DVD media instructions. • Collier County has the right to video record for its own internal use only all training sessions. These materials are valuable in refresher training and follow up training. All training aids, materials, and recordings prepared to accomplish this service become the property of Collier County. 3. The solution should, wherever possible, take advantage of Azure Single Sign On or Microsoft Active Directory environment and utilize Windows Authentication at the application, database and server tier, run fully in the user context, and not require elevated permissions or administrative permissions. Elevated permissions require adherence to all relevant policies, such as the Elevated Privileges and Elevated Database Permissions policies. Maintenance and Software Support: The solution should provide an annual technical and maintenance support agreement. The maintenance agreement will not commence until the application has been placed in production and accepted by the County in writing. The maintenance agreement must provide ongoing system support and maintenance, including upgrades, bug fixes and patches, and other technical support necessary for County staff to operate the solution. Maintenance support is expected from a customer service representative from 7:00 AM — 5:00 PM Monday through Friday eastern standard time (EST). System acceptance and payment: The County will finalize a project calendar with milestones, including proportional payment milestones for project completion and acceptance by the County. 1. There will be a full system acceptance test after the complete project implementation. These tests will confirm system operations and ensure that the system meets all of the functional requirements as outlined in this RFP and any subsequent agreements. The test, depending on the type of functionality being tested, will run for up to ninety (90) days after the supplier has determined that the system is operational. A second thirty (30) day period is reserved for fixing discrepancies. System performance shall be at an acceptable speed as dictated by industry standards and state of the art technologies. 2. Discrepancies that are fixed will be retested. The acceptance test must be completed within sixty (60) days from the start of the test. If the testing, fixing and retesting is not completed and accepted within sixty (60) days, unless otherwise agreed to in writing by the parties, the system may be deemed unacceptable, and the Supplier may be terminated from the project. Further, the County reserves the right to deduct the cost of such substitute performance from the Consultant's payments. The Supplier may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. 2. The Supplier will not be held responsible for delay caused by the County. In either case, such delay must be documented and agreed to by both parties. 3. The County must always have access to the software. In the event of payment delays the Local Government Prompt Payment Act, F.S. 218 prevails. 4. The following process will be utilized to govern the acceptance of deliverables: • Deliverables are to be defined and scheduled with milestones and completion dates. • All deliverables shall be subject to County review and approval prior to acceptance and payment. • The County is responsible for reviewing and approving each deliverable with an agreed upon turnaround time as included in the project plan. If the County requires revisions, the supplier will receive written notification of the changes and have five (5) business days to implement the changes. • Supplier shall not change a deliverable that has been accepted by the County without written approval by the County. • Each deliverable should conform to the RFP, the supplier's proposal, and/or any subsequent agreements. • A process for identifying and correcting errors shall be included in the response. • No payments will be made for deliverables not fully accepted by the County. • The County and supplier will develop a formal deliverable sign -off approach which will govern the payment schedule. Adherence to County IT Standards: Vendor must adhere to and populate a Collier County Technical Architectural, Compatibility and Supportability Requirements Document or `TACS' document (23-8133 TACS_V20) and provide an architectural diagram for all system environments on a yearly basis. Warranty: Provide a warranty for all labor, materials and software for entire testing, installation, and integration into production for a period of 1 year after acceptance by Collier County. Data Owner: The County owns all data affiliated with this scope of work. At no time may the contractor sell for any reason, including marketing - relate purposes, the data developed, created, or used for any purpose. Once this contract is terminated, the contractor agrees to turn over all data in a format determined at the sole discretion of the County. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations and demo of the software system to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations and demo of the software system, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RESPONSE FORMAT AND EVALUATION CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY' S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Certified Woman and/or Minority Business Enterprise 5 Points 3. Implementation Approach 30 Points 4. Cost of Services to the County 20 Points 5. Experience and Capacity of the Firm 25 Points 6. Specialized Expertise of Team Members 5 Points 7. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal may be deemed non -responsive*** EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Woman and/or Minority Business Enterprise. EVALUATION CRITERIA NO.3: IMPLEMENTATION APPROACH (20 Total Points Available) In this criterion, include but not limited to: Provide an explanation regarding the firms' approach as it relates to this project. The discussion should address the methods of data collection, conversion to reports, include strategies for testing, verification, validation, contingencies, security, integration any other relevant information. Other issues you should discuss in this section but not limited to: • Deliverables are to be defined and scheduled with milestones and completion dates. • Detailed timeline for completion of the project (major tasks and sub -tasks) • Include with the Implementation Approach (or as an attachment) illustrations/examples of your user interface and a copy of all varieties of reports that can be created from your software/technology as an example of work product. • Include a description of the software solution features and functionality. • Describe your security breach policy if data is compromised. • Explain your disaster recovery process and procedure in place. • Describe the training that will be provided to the County's Staff. • Provide a migration methodology and approach for moving data (including users, permissions, templates, and documents) from County's existing software to the proposed solution. • Explain how you will provide on -going maintenance and support to the County's staff throughout the life of the contract. • Discuss your company's ability to grow with the County's needs. • Response time Service Level Agreements (SLA): Include response time SLAB for various transactions and workflows. Include remedies for failure to meet guaranteed response times and SLAs. Include guaranteed response time SLAs for various severity level issues. a. Cloud Based Solutions: 99.9% uptime solution. b. Security breach policy if data is compromised. c. Disaster recovery process and procedure in place with a return to service within twenty-four (24) hours. • Vendor must complete a Collier County Technical Architectural, Compatibility and Supportability Requirements document or "TACS" document. EVALUATION CRITERIA NO.4: COST OF SERVICES TO THE COUNTY (20 Total Points Available) Initial pricing is for evaluation purposes and are subject to change during negotiations with the selected vendor. Provide the proposer's typical hourly rate sheet in the event the County may deem it necessary to make modifications to the software in the future. This rate sheet, subject to negotiations, will be included in the final contract. Positions may include, but are not limited to: ■ Project Manager (on -site and remote) ■ Systems Analyst ■ Trainer • Complete the following price information in the format identified below. The County will use the TOTAL COST OF OWNERSHIP in the pre -score evaluation. Item # Description Response Identify the software license cost for three hundred fifty (350) to five 1. hundred (500) concurrent users for Year 1 (from production start-up $ through the end of the first year). Identify the lump sum professional service fees for the implementation, 2 training, change management, project management, integration, report development, and any other related services (including subcontractors or third -party services). $ Identify travel expenses or any other miscellaneous fees in the 3 implementation of this project. (Note: The County will only pay travel expenses according to the State of Florida travel reimbursement $ schedule.) 4 Identify any hardware costs associated with the implementation of this scope of work. $ Subtotal (add items 1, 2, 3 and 4 which indicates the total costs for Year 1 from production start date) $ (Year 2) 5' Identify annual software operations, maintenance, and license fees for (Year 3) years two (2), three (3), four (4) and five (5). (Year 4) (Year 5) TOTAL COST OF OWNERNSHIP (add subtotals (1— 4) with item 5 tV71 above to achieve the overall TOTAL COST OF OWNERSHIP) EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available) In this criterion, include but not limited to: • Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with other municipalities and organizations. • Include a list of similar projects for other municipalities and give examples of your work with them. The County requests that the vendor submits no fewer than five (5) and no more than ten (10) completed reference forms from clients during a period of the last 5 years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Form 5. Proposers may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available) In this criterion, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** :P CIVICPLUS agenda and meeting nanagement ELECT i Management re ition No.: 23-8133 )unty, Florida Djo, Account Executive Table of Contents Cover Letter/Management Summary................................................................. 1 Certified Woman and/or Minority Business Enterprise.....................................5 Implementation Approach...................................................................................7 Cost of Services to the County.........................................................................37 Experience and Capacity of the Firm...............................................................42 Specialized Expertise of Team Members.........................................................44 Local Vendor Preference...................................................................................48 RequiredForms...................................................................................................50 Exceptions..........................................................................................................65 civicplus.com Cover Letter/ Management Summary CP CIVICPLUS' June 6, 2023 Barbara Lance, Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Building C-2 Naples, FL 34112 Submittal via online portal RE: Agenda Management Software I Solicitation No.: 23-8133 Dear Ms. Lance and Selection Committee: Saving time, effort, and delivering access to public meeting information is essential to run an efficient and transparent government. Every interaction between a member of your community and your local government is an opportunity to create a positive civic experience. At CivicPlus, LLC (CivicPlus), our mission is to help make local governments work better. To do that, we build technology solutions to empower you and your staff to create digital interactions that are personalized, frictionless, and expedited. CivicPlus Agenda and Meeting Management Select (Select), is a robust, flexible, and easy -to -use suite of cloud -based tools built specifically for local governments, like Collier County, to help you completely transform your agenda and meeting management process. By partnering with CivicPlus, you'll be able to: • Work from anywhere with Select's secure, cloud -based hosting and browser -based access • Reduce manual effort with time -saving features and fully integrated modules • Invest in a solution that is designed to grow with you as your processes and needs change • Leverage tools such as cross -departmental teams and flexible workflows to collaborate on agenda items • Tailor user access with custom permission settings • Ensure internal transparency and accountability using built-in audit trails, task tracking, and versioning • Build custom, ad hoc reports with your Select data • Effortlessly create and distribute meeting materials to residents, internal users, and elected officials Our Select solution innovators have the experience and expertise to help any administration, whether in a community of one thousand or one million, save time and money. It's why we've hired former municipal clerks to help us build an agenda and meeting management solution that is designed exclusively for local governments and the needs of their clerks and departmental stakeholders. A Collier County and CivicPlus partnership will allow you to implement the latest innovative technology with confidence. Sincerely, DARREN CORNEJO Account Executive A& darren.cornejo@civicplus.com 785.789.4257 COLE CHEEVER Senior VP of Operations (authorized to bind CivicPlus) civicplus.com 1 302 South 4th Street, Suite 500 1 Manhattan, KS 66502 1 888.228.2233 Philosophy of the Firm CivicPlus' focus has been, and will always be, to help local governments work better. Our web technology is dedicated to finding the right web solutions for government. CivicPlus continues its commitment to provide exceptional customer service and innovative solutions that help bring the best user experience to our customers. Select delivers years of experience in agenda and meeting management software as a service technology that has been designed specifically to meet the needs of municipalities and their staff and officials. We have an API -first development philosophy to allow for easy integration with other software systems the Collier County may already be using. Our operating philosophy is based on our core values that support our vision, shape our culture, and reflect what the company values. They are the essence of the company's identity —the principles, beliefs, or philosophy of values. • Purpose Driven - Making an impact and doing something meaningful • Ambitious - Driven to succeed • Trustworthy - Honest, ethical, and actively pursuing truth • Team Player - Working well with others and relating to them • Innovative - Continuously search for better solution Powering and Empowering Government We empower municipal leaders to transform interactions between residents and government into consistently positive experiences that elevate resident satisfaction, increase revenue, and streamline operations. Government leaders tell us that one of their most pressing needs is to improve how residents access and experience municipal services; however, they struggle with budget cutbacks and technology constraints. CivicPlus enables civic leaders to solve these problems, making consistently positive interactions between residents and government possible. What sets us apart is our Civic Experience Platform. CivicPlus is the only government technology company exclusively committed to powering and empowering governments to efficiently operate, serve, and govern using our innovative and integrated technology solutions built and supported by former municipal leaders and award -winning support teams. With it, municipalities increase revenue and operate more efficiently while fostering trust among residents. Agentla Munlclpal eM Meeting yeyy(<s Management CoEon Mass Notgication 3yetem Open Re Na a iielbO Comapin e. Regu ' � aM ove --mg, ­­mg Recreetio Management SocialMetlia ArcM1ivin9 311 CRM Prot- A.-Awnand oigitaiseicea civicplus.com Executive Summary The following is a brief overview of our key differentiators and what has led to our national success and our 12,000 customers serving the municipal sector. Simplify your entire process with user-friendly interface and agenda creation tools and Agenda create customized and consistent agenda formats for your meetings. With an agenda Management workflow process, featuring deadlines and approvals, there's no second guessing what is missing from your agenda — saving your staff time. Empower members of your boards with access to past, current, and future meeting content from any device with a standard browser including computers, tablets, and Board Portal mobile phones. Also, they have the ability to make notes on current packets, as well as view comments and discussions from previous meetings. Meeting Create meeting minutes that reflect common meeting actions and make live edits as the meeting progresses with drag -and -drop tools. Easily take meeting attendance with the Minutes Roll Call feature. Provide transparency and open communication for your residents by allowing them Public to view and download agendas, minutes, and complete packets straight from your Engagement website. They'll be able to easily search keywords and filter to quickly find what they are looking for. Automatic Customers automatically receive all future version upgrades of the solution upon Upgrades release. New features and functions are based on feedback and customer requests. Seamless Manage your meeting and votes, and approve the legislation within our Agenda Codification and Meeting Management solution. Then directly send the approved legislation for codification, or submit the legislation to your online code in one click, eliminating manual Integration steps associated with getting the legislation in the hands of your staff and residents. Secure, Cloud - Provide peace of mind for your staff and community. Our solution is supported by an industry -leading, cloud -based hosting environment with vigilant 24/7/365 monitoring Based Hosting and continual system updating. Our in-house technical support team is available to ensure your complete and ongoing Technical satisfaction with our products and services. You can contact live support via chat, Support phone, and email or utilize our self-service CivicPlus Help Center for tutorials and user guides. You will also receive 24/7/365 emergency support assistance. Continuing Your customer success manager will help find solutions for your changing needs by creating an ongoing strategy to better engage your residents using the tools and Partnership products CivicPlus offers. civicplus.com Certified Woman and/ M;„^rity Business lise CivicPlus is not certified as a woman- or minority -owned business enterprise by the Office of Supplier Diversity. civicplus.com Implementation Approach Methods of Data Collection Communication between you and your Web Central team will be continuous throughout your project. Sharing input and feedback through email, virtual meetings, phone calls, and our project management software will keep all stakeholders involved and informed. Cloud Coach offers task management transparency with a multi -level work breakdown structure and Gantt Chart -based project plan. Testing, Verification, and Validation METHODOLOGY AND CRITERIA FOR SUCCESS After the initial configuration of the system and the first board, we will meet with you to perform our First Look Training. The First Look Training will teach the administrators of your system how to navigate the User Menu (user preferences and system settings), create events, create agendas, add or remove items from agendas, and set up your approval routing, if you utilize one. After the First Look Training is completed, the Implementation Consultant will explain the expectations for User Acceptance Testing. We ask that you test your system by creating five events, creating five agendas, and adding or removing one item from each agenda you create. Upon the completion of these testing scenarios, the representatives from your project team will work with our Implementation Consultant to troubleshoot any issues your team may have come across during testing and to gather any revisions that need to be made to your first board. If any issues were found during testing, these issues will be addressed and we will move into the next phase of our implementation methodology. RESPONSIBILITIES OF CITY STAFF Your staff will be responsible for testing the initial configuration of the system and your first board. They will do so by attending a high-level administrator training followed by one business week for testing. During the testing period, they will be asked to create five events, create five agendas, and add or remove one item from each agenda they create. Upon the completion of these testing scenarios, your staff will work with our Implementation Consultant to communicate any issues that were discovered during testing, whether it be with the system or the board we have created for you. Following the resolution of those items, your staff will be asked to provide any additional agendas, item reports, or minutes that you wish to have us develop. This will signify the completion of User Acceptance Testing and we will move forward with the training of your non -administrator users. civicplus.com Contigencies CivicPlus utilizes a variety of issue and risk management techniques to keep projects moving smoothly. These include detailing the scope of work, project timeline, and client deadlines at kickoff with your Implementation Consultant to ensure that expectations and goals are clearly defined and met. Conversion to Reports CivicClerk's Analytics module provides full ad hoc reporting capability. Users can choose to use a series of prebuilt reports or can customize and save reports at the individual or organization level. Data fields can be added or removed to reports and filters can be applied to each data field within the report. All reports can be exported as .csv or .xlsx files. However, more information may be needed for us to fully understand the scope of report types that are desired. Integration Our Intelligent Civic Portal has personalized experience enablers for diverse interactions and resident needs. For instance, it can interact via text, chat, email, web, and voice communication. It has built-in accessibility. It comes with integrated support for payment processing and many forms that can manage such interactions as resident feedback, activity registrations, and facility bookings. Our Civic Efficiency Engine enables frictionless civic experiences. Its technology components manage work queues and workflows, and as a result, it can automate manual tasks and free up staff time for more important work. In addition, it can optimize processes that appear as one logical request to a resident but involve multiple departments. The Municode-NEXT integration allows users to push legislation from their Select Agenda and Meeting Management solution items directly into their Municode code library. Once activated and configured, the Send to Code functionality becomes available on the Item Files page for items on configured Meeting Types. While the integration does prepopulate some fields in the Send to Code pop-up with item data, to increase efficiency, the user has the ability to modify the data before sending the request. Quote can be provided upon request. The Laserfiche integration allows users to automatically add files to a Laserfiche repository with CivicOptimize, Select Agenda and Meeting Management solution, CivicPlus Municipal Websites Central Document Center, and HCMS Assets triggers. Quote can be provided upon request. The Google Drive and One Drive integrations allow users to add files to Google Drive with Select as well as CivicPlus' Process Automation and Digital Services solution, Web Central Central Document Center, and Headless Content Management System (HCMS) Assets triggers. civicplus.com Our Select solution integrations allow site content search, which allows the user to extend a search query into Select Agenda and Meeting Management solution and view the search query results in a format familiar to our Select solution customers - all without leaving a Web Central website! Disaster Recovery Agenda and Meeting Management Select utilizes Azure's Site Recovery Services and Geographically Redundant Storage Accounts (GRS) to provide disaster recovery between Azure regions. All data is written to a GRS account which creates copies of that data in data centers across multiple Azure regions, so access to the data is always available. Site Recovery Services allows us to quickly spin up and failover to clones of our Azure Virtual Machines. Security Breach Monitoring and alerts are in place to detect any attacks. A mass majority of attacks are just handled by the Data Center without customers being affected. Any attack that does affect clients is handled through our SOP's which includes the network operations and support teams working together to remedy the situation and communicate with clients. We will also work with authorities and share any logs necessary to assist authorities. We have never experienced any data breaches. Milestones & Completion Dates Collier County's team and your Implementation Consultant will jointly develop a custom, detailed schedule and implementation plan as your project kicks -off complete with milestones and deadlines. This serves as your implementation process flow and any changes can be addressed throughout the process. Once your system is launched you will continue to receive both technical and consultative support from our Technical Support and your Customer Success Manager. We meet with all our customers virtually through email, phone, and video conferencing. If the customer prefers, we can meet on -site for an additional fee. Because of the nature of our technology industry, working remotely is the "norm" and of no project concern for the development of your solution. civicplus.com 10 Detailed Project Timeline Collier County FL I CivicClerk Ultimate SAMPLE Project Phase Calculated Calculated Name Project Task Name Task Description Start Date End Date Your Implementation Consultant will create your INITIATE Production Site Creation production site. 7/3/2023 7/7/2023 Provide Client Data Imports Import Details 7/10/2023 7/14/2023 You will complete the Implementation Questionnaire provided to Client - Implementation you by your Implementation INITIATE Questionnaire Consultant at kick-off. 7/10/2023 7/21/2023 You will supply your Implementation Consultant with Word versions of your Client - Submit initial agenda, item reports, INITIATE Contracted Documents and minutes. 7/10/2023 7/21/2023 Imports Submit Data Import File 7/17/2023 7/21/2023 Your Implementation Consultant will reach out to you to explain the implementation plan and schedule a kick-off call if INITIATE Project Kick-off needed. 7/24/2023 8/4/2023 Your Implementation Consultant will review your deliverables from the Initiate ANALYZE Template Review Phase. 7/31/2023 8/11/2023 Once supplied Word versions of your agendas and item reports, your Implementation Consultant will configure the templates in the system. They will also input data from DESIGN & the Implementation CONFIGURE Initial Site Configuration Questionnaire. 8/7/2023 8/18/2023 You will work with the Implementation Consultant to confirm the project Client - Approve Project timeline or make schedule OPTIMIZE Timeline change requests. 8/21/2023 8/25/2023 civicplus.com 11 CUSTOM IDP OPTIMIZE CUSTOM IDP CUSTOM IDP OPTIMIZE OPTIMIZE OPTIMIZE Custom IdP Integration Requirements Project Consulting Custom IdP Integration Setup Custom IdP Testing First Look Meeting Testing Feedback Client will gather requirements for Custom IdP Integration setup as detailed in the Custom IdP Integration documentation. Your Implementation Consultant will help define your agenda process from start to finish to get a comprehensive understanding of your process. Systems Engineer and client will ensure Custom IdP Integration relying party trust is setup and complete testing. Testing instructions from Systems Engineer are completed and a determination is made whether the service is working as expected. You and your Implementation Consultant will review the initial configuration of your primary board with you and gather any revisions that need to be made. Your team will test the initial configuration of your system and provide feedback to your Implementation Consultant on any changes if need be. You will be responsible with providing those additional agendas, item reports, and Client - Submit Additional minutes to your Contracted Items Implementation Consultant. 8/21/2023 8/25/2023 8/28/2023 9/8/2023 8/28/2023 9/1/2023 9/4/2023 9/8/2023 9/11/2023 9/15/2023 9/18/2023 9/29/2023 9/25/2023 9/29/2023 civicplus.com 12 Configure Additional OPTIMIZE Contracted Items Site Configuration OPTIMIZE Approval EDUCATE Admin Training EDUCATE User Training EDUCATE Minutes Training EDUCATE Prep for Launch Your Implementation Consultant will make requested changes, if there are any, and create any additional templates as identified in your contract. You will sign off on the development and current configuration of your system, We will not proceed to training until we have received this signed approval Your Implementation Consultant will work with you to schedule training for your administrators. This session is scheduled for 90 minutes. This session covers how to create agendas, items, and minutes. Your Implementation Consultant will work with you to schedule training for your end users. This session is scheduled for 45 minutes. This training will cover how to submit items and how to attach documents to the agenda. The Implementation Consultant will do a final run through of your system to ensure it is in proper working order. 10/2/2023 10/13/2023 10/16/2023 10/20/2023 10/23/2023 11/3/2023 10/30/2023 11/10/2023 11/13/2023 11/17/2023 11/20/2023 11/24/2023 civicplus.com 13 LAUNCH Launch Project Closeout LAUNCH Procedures Your Implementation Consultant will review the Go - Live Checklist with you to verify no outstanding items remain. Your Implementation Consultant will also introduce you to your Account Manager who will be your new main point of contact. 11/27/2023 12/1/2023 12/4/2023 12/15/2023 For illustrations/examples of user interface and a copy of all varieties of reports that can be created from the Select software, please visit the links below: Staff UI: https://www.civicclerk8.civicplus.help/hc/en-us/sections/360005232514-User-Settings Reports: https://www.civicclerk8.civicplus.help/hc/en-us/articles/360047068254-Analytics-Overview civicplus.com 14 Ultimate Implementation Plan Implementation & Support Experience Designed for You Agenda and Meeting Management Select has the experience and expertise to help administrations of any size transform the entire meeting management process. We know implementation can't be a one size fits all solution and offer flexible packages designed to meet your desired outcomes. Our Ultimate Implementation Package is the perfect fit for transforming complex agenda and meeting processes. It is designed for organizations with more than 50 internal users, and a desire for a customized and guided implementation experience. A dedicated and knowledgeable implementation consultant will manage your project from end -to -end — consulting and collaborating with your team, applying custom configurations to meet your desired processes, and delivering live virtual training to your user groups. Key project staff will have online access to the timeline and all expected checkpoints and deliverables for a fully transparent implementation. Beyond implementation, your users will feel empowered by our in -application support tools, a full online help center, as well as phone, email, and live chat support with members of the dedicated, award -winning Technical Support team. CONSULTING Up to Four Hours of Virtual Consultation During this consulting session, your implementation consultant will be reviewing your submitted project questionnaire with your key project staff. The implementation consultant will review your custom template designs and discuss the configurations that will be made to ensure your workflows match your current agenda and meeting processes. DESIGN We will design up to 5 custom templates to ensure consistency in system -generated meeting documents: Agendas, Item/Staff Report, Minutes, Agenda Script. CONFIGURATION Our team will configure your solution with unlimited customization options to map your agenda and meeting processes and ensure that your Agenda & Meeting Management solution is optimized to meet your desired goals. TRAINING Up to Eight Hours of Virtual Training Your implementation consultant will guide user groups through live, virtual training sessions using your custom configured Agenda and Meeting Management Select solution. We recommend no more than 20 users per session. Individual sessions are either 30 or 60 minutes in duration. civicplus.com 15 Features & Functionality Agenda and Meeting Management Select Solution CivicPlus' Agenda and Meeting Management Select software is the fastest, most intuitive way to streamline the entire agenda management process — from creating agenda items to managing live meetings. It provides time- saving automation while allowing clerks to balance these conveniences with manual controls and overrides. Internal collaboration with Select is easy with customized workflows, version tracking, and built-in communication tools. Our innovators designed it to offer configuration flexibility so that the solution can be scaled from the most simple agenda process to the most complex. Built-in integrations and a suite of APIs make working with other internal applications easy. Agenda and Meeting Management Select's user -defined roadmap ensures that the product will continue to grow and adapt as transparency requirements and compliance expectations change. Fully Integrated, Cloud -Based Software Suite • User-friendly, modern interface • Unlimited users • Unlimited storage • Highly configurable to your agenda and meeting management processes • Adaptable permission settings • Confidential attachments • Field -level versioning • Integrated code of ordinances Part of the Integrated CivicPlus Platform • Built-in integrations with Dropbox, Microsoft's One Drive, Google Drive, Laserfiche, Zoom, and API availability (additional fees may apply) • Single sign -on through the CivicPlus Platform • Secure Cloud -Based Hosting • Automatic Updates • Customer -Defined Roadmap • Enhanced Analytics for Data Visibility Our powerful CivicPlus Platform is the foundation on which all our CivicPlus solutions are built, allowing them to work seamlessly and securely, leveraging existing data, and reducing information silos so your administrative staff can collaborate efficiently. Administrators can take advantage of authentication using our identity provider integrations to provide a single sign -on experience for internal users. The entire solution is cloud -based, eliminating the need for internal application management. Agenda and Meeting Management Select is hosted in Microsoft's Azure cloud service, providing a stable multi-user environment while ensuring high availability and uptime. CivicPlus is also the only technology provider that offers an integration between our agenda & meetings software and an online code of ordinances —with Municode Codification. civicplus.com 16 Agenda Management FLEXIBLE, CUSTOMIZED TEMPLATES Standardized templates throughout the system provide consistency and clarity to agendas, packets, staff reports, and minutes. EFFICIENTLY MANAGE AGENDA PACKETS OF ANY SIZE The software compiles your items and all the legislation, memorandums, or supporting documentation into a bookmarked PDF packet quickly and easily, no matter the size of the packet. Create multiple packet versions instantly to include or exclude specific attachments for your different internal and external users. Last-minute changes to the agenda or packet can be made and published with minimal effort. Administrators choose what they publish to the public, internal users, and elected or appointed officials and when the information goes out. Automated email notifications can be enabled so all users, both internal and external, know when the meeting documents are published. CONVENIENT, ANYTIME AGENDA MODIFICATIONS Changes to the agenda can be made at any time by administrators without affecting global configurations or settings. Drag -and -drop reordering allows you to move items and automatically renumbers everything on the agenda. One - touch copy and move functions enable you to duplicate or move agenda items from meeting to meeting, eliminating the need for duplicate data entry. CREATE AGENDA ITEMS IN SECONDS An easy -to -use item entry allows staff members to enter agenda items, upload attachments, and send through the workflow with a few clicks. Configurable field types and our embedded text editor ensure that you are capturing all the information needed for Select to generate staff reports. Automated PDF file conversion and built-in integrations with Microsoft's OneDrive and Google Drive simplify the inclusion of supporting documentation and attachments. AUTOMATE YOUR APPROVALS PROCESS The workflow engine streamlines the routing of your agenda items, automates notifications, and gives full transparency to collaborators as it passes through the approval process. As contributors change items, the system tracks revisions, keeping them visible within the item fields and on the item timeline. In-app messaging and task assignments keep everyone in the loop and agenda prep moving forward. CUSTOM TAGS TO GROUP LIKE AGENDA ITEMS Administrators can set up tags that can be used by staff when creating their agenda items for improved searching and reporting. Associate like content with pre -defined tags relevant to your community. civicplus.com 17 Live Meeting Management AUTOMATED MINUTES SETUP A fully -integrated Live Meeting Manager will automatically migrate all your agenda content. No manual pre -meeting minutes setup or agenda import is required. Move from the meeting agenda to Live Meeting Manager with a single click. KEEP UP WITH THE MEETING ACTION Meetings move fast. Agenda and Meeting Management Select's cloud - based platform allows you to move quickly through your agenda items, recording official actions and discussion, without having to wait for the system to catch up. The clean, intuitive interface gives single -screen access to all your meeting controls. One -click control allows you to update your in - chamber display screens, set your video bookmarks (additional fees apply), and queue items in the Board Portal for your elected and appointed officials. SPEAKER MANAGER Speakers can be added to the discussion at any time during the live meeting, while the built-in speaker timer helps keep meetings running efficiently. EASY, INTUITIVE MINUTES -TAKING While in your live meeting, use the Minutes module to capture critical meeting actions from a single screen with a clean and intuitive user interface. Take roll and manage attendance, record motions and votes, enter speaker information, and record comments or discussion to be brought into your minutes document. If using CivicPlus Media's integrated video streaming and video -on -demand service, you can also create bookmarks for the accompanying video during the live meeting. Additional fees apply. AUTOMATIC VIDEO BOOKMARKING Automatically timestamp agenda items to their corresponding discussion in the meeting video so those watching the recording can quickly access topics of interest. Additional fees apply. DISPLAY PAGES Keep meeting participants informed and engaged by displaying the current item, speaker, or vote results automatically to the constituents attending the meeting. FLEXIBLE VOTING Minutes takers can record motions and votes instantly in Live Meeting Manager or initiate electronic voting when desired. Apply motions and votes to individual agenda items or multiple agenda items as a group. civicplus.com 18 Board Portal FLEXIBLE ACCESS Your officials can choose how to access meeting content —helping them work better, faster. Efficiently deliver packets of any size by paper, email, Dropbox, OneDrive, Google Drive, or post to the Board Portal. It is optimized for all devices, including desktops, laptops, and tablets. No separate application required. A PERSONAL MEETING REPOSITORY Give officials a personal, secure location to review and take notes on all meeting content, including agendas, supporting documents, minutes, and media. INTERACTIVE MEETING TOOL During live meetings, the Board Portal integrates with Live Meeting Manager to allow officials to refer to their review notes and annotations, capture notes within a dedicated field, receive visual cues as the agenda progresses from item to item, see speaker information instantly, and enter electronic votes (additional fees apply for electronic voting). Chair View can also be enabled to allow the meeting presider to call speakers and advance agenda items. FIND WHAT YOU NEED- FASTER Agenda and Meeting Management Select automatically indexes published meeting content with Board Portal search functionality, so it is easy for officials to find information quickly. Our full -text search tool empowers officials to locate past items, attachments, minutes, and agendas by searching a keyword, date range, and more. An item summary view allows officials to see the motions, votes, and any comment or discussion on the item that was recorded in the meeting minutes in an intuitive display, preventing a manual search through full minutes documents. civicplus.com 19 Public Resident Portal CONTENT ACCESSIBILITY It's not enough to be transparent by publishing your agendas and other meeting documents online. Your meeting content must be accessible to all members of the public. Closed captioning is also available with our CivicPlus Media service for live streaming and on -demand video. Additional fees apply for CivicPlus Media and closed captioning. CONTENT TRANSPARENCY Build public trust with access to fully searchable meeting content, including legislative decisions and public meeting videos. Meet municipal transparency requirements while keeping residents engaged and informed. Public Resident Portal • Resident portal to embed on any webpage gives access to all meeting content on a single page • PDF downloads of Agenda, Packet, Minutes, Notices, and Other pertinent meeting documents • HTML agenda view hyperlinks attachments within the meeting agenda for direct access to specific documents • Full -text search and filtering options • Email notifications • Social sharing • Side -by -side agenda and video display with optional CivicPlus Media live streaming and on - demand video service (additional fees apply) • Optional Motions and Vote minutes display updates the HTML agenda view to allow residents to quickly see the final disposition of agenda items without having to read full minutes documents • Mobile -responsive • Custom branding • Integrated live or on -demand video with bookmarks to easily jump to desired content (additional fees apply) • Optional public commenting forum • Easily jump to past, current, upcoming events with an embedded calendar and continuous scrolls civicplus.com 20 Identity Provider (IdP) Integration More often, local government IT teams are looking to implement single sign -on (SSO) functionality to simplify user access to all web and cloud -based applications without requiring individual authentication. The CivicPlus' Custom IdP Integration capabilities provide local governments with the following conveniences: • Faster and easier access to vital third -party solutions that integrate with your CivicPlus unified applications, such as CivicPlus' Municipal Websites, Recreation Management, and Agenda and Meeting Management Select • Reduced password and account maintenance • The ability to log into your CivicPlus software accounts from any device with an Active Directory username and password • Auto -account generation • Group syncing • Customization of the design of your active directory login page We offer integration with Microsoft's Azure Active Directory (AD), Microsoft's Active Directory Federation Services (AD FS) versions 3.0, 4.0, and 5.0, and Okta. Historical File Import As part of your implementation project, we will import up to 7,500 PDF, MP4, or MP3 documents to your new system. You and your residents will still have access to this historical information with increased functionality. Historic meeting documents imported into CivicPlus Agenda & Meeting Management Select will be optimized for character recognition to improve complete text search, and accessibility for screen reading assistive devices. • The customer must provide the files to us in a single folder in any of PDF, MP4, or MP3 formats. • The customer must provide the files in a specific naming convention as directed by their implementation consultant/project manager. • The customer must upload the files to an FTP server that will be provided to them by their implementation consultant/project manager. This process includes indexing your imported agendas for keyword searching and retrieval. However, links and metadata associated with an agenda may not be maintained. As we will only be able to migrate PDF versions of your agenda, agenda packet, and minutes files, only links that are embedded within the PDFs themselves will come over. Please reach out if you have any questions regarding our migration process. civicplus.com 21 The Civic Experience Platform Developed specifically to enable municipalities to deliver consistently positive interactions across every department and every service, the Civic Experience Platform includes technology innovations that deliver frictionless, one -stop, and personalized resident interactions. Local governments that leverage our Civic Experience Platform also benefit from: • Single Sign -On (SSO) to all of your CivicPlus products supporting two -factor authentication and PCI Level password compatibility • A single dashboard and toolbar for administrative access to your CivicPlus software stack • Access to a continually growing and fully documented set of APIs to better connect your administration's processes and applications • A centralized data store with robust data automation and integration capabilities CIVICPLUS PORTAL CivicPlus Portal empowers residents to be more engaged and informed about progress in your community. Portal streamlines the resident user experience as they interact with the CivicPlus products leveraged by you - driving revenue, trust, and satisfaction. With a single username and password, they can watch a public meeting recording, submit a public works request, pay a utility bill, or register for an upcoming event. The result is more engaged and informed voters and fewer phone calls, walk-ins, or emails to your department asking how to find documents or submit records requests. INTEGRATION HUB Integration Hub is a tool that can help you unify your disparate cloud -based solutions and your CivicPlus solutions, assemble powerful workflows, and setup complex automations —without the need for a developer. With Integration Hub's easy -to -use drag -and -drop interface, non -technical users can build integrations for syncing content and data between CivicPlus solutions or with third parties (for an additional fee) saving your staff's valuable time. The possibilities are endless with Integration Hub, but here are a few examples of integrations you can create with Select today: • Automatically add agenda or minute files to the Document Center to be displayed on a CivicPlus Municipal Websites Central (Web Central after they are published in Select • Set-up a workflow to post in the Web Central News Flash once you've published your Select meeting documents Shorten your pre -meeting to-do list and send your meeting information instantly with a custom integration using the Integration Hub. civicplus.com 22 Integrated Code of Ordinances & Web As the only local government software provider with an integrated codification, agenda and meeting management, and municipal website solution offering, our suite allows for digital transformation of the entire legislative process - from the start of the agenda process to the final online publishing of the newly adopted legislation. If you are a customer of CivicPlus' codification services, the cutting -edge integration between your meetings & agenda management and code of ordinances reduces the manual steps associated between your agenda management and codification processes. As an example, you can send ordinances directly to the CivicPlus for codification by our team of legal editors. When pushed Agenda Munkipal and Meeting Websltes Management CWileatlon Mass Notification sy:teen Op—R.—tls Accessibilhy Compliance Request and Web Governance Code Enforcement, RecreMion Per. ting, Licensing Management Social Media Archiving 311 CRM Process Aetomationantl Digital Services from Agenda and Meeting Management Select, this uncodified legislation will be visible on the landing page of our Online Code Hosting platform nearly instantaneously. You can also take this to the next level by integrating our Municipal Website solutions with our Online Code Hosting solution, allowing for one -stop search, capabilities. With this integration, the public can instantly access your code, meetings, packets, and agendas in one simple search straight from your municipal website. EXAMPLES OF MEANINGFUL CIVIC EXPERIENCE INTEGRATIONS The following are examples of integrations between the CivicPlus Agenda and Meeting Management Select with other CivicPlus solutions and tools. If you have yet to experience all that CivicPlus can provide, please reach out for additional information and a quote. Municipal Websites Central (Web Central) • Set-up a workflow to post in Web Central's News Flash once you've published your meeting documents. • Automatically add agenda or minute files to Web Central's Document Center to be displayed on your website after they are published in Select. • Meeting information and dates are automatically integrated to the Web Central's Calendar. • Meeting files are automatically included in the website's search results. • Send adopted ordinances to the Codification Legal Team in one click. Codification • Send ordinances straight to your online code portal as "Adopted and Not Yet Codified" • Instantly link your online code to the meeting content produced within Select. CivicPlus • Share high -definition, on -demand video or live video feeds of your meetings directly from Select and CivicPlus Media, seamlessly integrated with your meeting agendas and Media equipped with clear bookmarking and navigation. Integration Hub • Third -party integrations examples include integrations with Zoom, Webex, and GoToMeetings, and with Laserfiche, Google Drive, Dropbox, and other APIs. civicplus.com 23 Hosting & Security Redundant power sources and internet access ensures consistent and stable connections. We invest over 1.OM annually to ensure we adapt to the ever -changing security landscape while providing maximum availability. CivicPlus' extensive, industry -leading process and procedures for protecting and hosting your site are unparalleled. CLOUD -HOSTING WITH AZURE The infrastructure is fully hosted within the Azure Cloud environment using their Infrastructure as a Service (laaS) model. Using a mix of Azure Virtual Machines and Storage Accounts, all processing and data storage in done within this environment. All users need is a web browser to access and utilize the application. Your system is monitored 24/7/365 with a 99.9% guaranteed up -time (excluding maintenance). Additional details regarding our hosting and security services can be provided upon request. DISASTER RECOVERY Agenda and Meeting Management Select utilizes Azure's Site Recovery Services and Geographically Redundant Storage Accounts (GRS) to provide disaster recovery between Azure regions. All data is written to a GRS account which creates copies of that data in data centers across multiple Azure regions, so access to the data is always available. Site Recovery Services allows us to quickly spin up and failover to clones of our Azure Virtual Machines. SECURITY BREACH Monitoring and alerts are in place to detect any attacks. A mass majority of attacks are just handled by the Data Center without customers being affected. Any attack that does affect customers is handled through our SOP's which includes the network operations and support teams working together to remedy the situation and communicate with customers. We will also work with authorities and share any logs necessary to assist authorities. We have never experienced any data breaches. civicplus.com 24 Training for Collier County CivicPlus will provide end -user training. Each Select implementation is different, but generally, system administrator training sessions are up to 4 hours in duration, clerk user training sessions are up to 2 hours in duration, and agenda drafter and approver training sessions are 1 hour in duration. Your Select Implementation Consultant will follow your project from inception through go -live, so your Implementation Consultant will also be your trainer. We typically recommend no more than 20 users per session. All virtual sessions will be recorded and you will be provided with those recordings for future training needs Migration Methodology & Approach Collier County's team and your Implementation Consultant will jointly develop a custom, detailed schedule and implementation plan as your project kicks -off complete with milestones and deadlines. This serves as your implementation process flow and any changes can be addressed throughout the process. Once your system is launched you will continue to receive both technical and consultative support from our Technical Support and your Enterprise Sales Manager. We meet with all our clients virtually through email, phone, and video conferencing. If the client prefers, we can meet on -site for an additional fee. Because of the nature of our technology industry, working remotely is the "norm" and of no project concern for the development of your solution. Specifically, for Collier County's project, we'll meet with you, as well as utilize all of the standard channels of remote communication. civicplus.com 25 Ongoing Maintenance & Support Technical Support & Services With technology, unlimited support is crucial. Our live technical support engineers based in North America are ready to answer your staff members' questions and ensure their confidence. AWARD -WINNING CivicPlus has been honored with two Gold Stevie' Awards, three Silver Stevie" 12 Awards, and seven Bronze Stevie® Awards in the categories of Front -Line Customer Service Team of the Year - Technology Industries, Customer Service Training or Coaching Program of the Year - Technology Industries, Customer Service Department of the Year - Computer Software - Up to 1,000 Employees, Most Valuable Response by a Customer Service Team (COVID-19), Best Customer Satisfaction Strategy, and Remote Customer Service Innovation of the Year. The Stevie Awards are the world's top honors for customer service, contact center, business development, and sales professionals. CIVICPLUS HELP CENTER CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides, FAQs, and can get tips on best practices. Our Help Center is continually monitored and updated by our dedicated Knowledge Management Team to ensure we are providing the information and resources you need to optimize your solution. In addition, the Help Center provides our release Support at a Glance • Technical support engineers available 8 a.m. - 6 p.m. (CST) Monday - Friday (excluding holidays) • Accessible via phone and email • 4-hour response during normal hours • 24/7 emergency technical support for named points of contact • Dedicated customer success manager • Online self-service help with the CivicPlus Help Center (civicplus.help) Maintenance • Regular review of site logs, error messages, servers, router activity, and the internet in general • Full backups performed daily • Regularly scheduled upgrades including fixes and other enhancements • Operating system patches • Testing and development notes to keep your staff informed of upcoming enhancements and maintenance. CONTINUING PARTNERSHIP We won't disappear after your website is launched. You'll be assigned a dedicated customer success manager. They will partner with you by providing information on best practices and how to utilize the tools of your new to most effectively engage your residents. civicplus.com 26 Company's Ability to Grow with Collier County Customizable As one of the most robust systems in the industry, the CivicPlus Agenda and Meeting Management Select solution addresses nearly every aspect of the meeting process. Our Select solution offers more than 150 site settings that can be turned on or off for each implementation. For our customers, having the ability to turn off unused functions is nearly as important as being able to turn them on when needed. It simplifies the interface and validates that the system can be customized to their unique business processes and needs. Integrated In addition, integration of your Agenda and Meeting Management Select solution to your website would be through a public portal branded to match your color scheme. You'll be able to easily publish and post agendas, packets, minutes, and media to your public portal. VIV.M!41r. � Agenda and Meeting Management Select software has an automated workflow process that is configured based on the meeting type, department submitting and the type of item being created. The workflow provides users the ability to visually track where items are in the workflow process, allows for collaboration and revision of agenda items, and allows approvers ultimately to easily approve or deny the items. These can be customized for each department, but still allow the County to set a more consistent agenda management process across all boards and committees. civicplus.com 27 Response Time Service Level Agreements (SLA) We handle software changes by sticking to a rigid release schedule. All releases are thoroughly tested. Any release that would cause disruption to the website or users is done every two weeks on Saturday overnight. These upgrades, as well as all maintenance and 24/7/365 support are included in your annual services. Service Credits are calculated as a percentage of the total monthly charges paid by you (excluding one-time payments such as upfront payments based on the schedule below. Our average site uptime for the past 2 years is 99.99%. 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 withthe first full month of service, inaccordance with the schedule below. Monthly Uptime Percentage: Less than 99.9% Service Credit Percentage: 1% of one month's fee. civicplus.com 28 Technical Architectural, Compatibility and Supportability Requirements Document (TACS) Collier County Information Technology Department Version: 20 1012912020 Revised by: Paul Dueea Requesting Div.IDept.: Vendor name: Vendor signature: Application name: Date: Key for C18:C76 C = If • • • • • • • • • • • • • • • • • • • • • • • • • nternal required, If hosted N/A , , , , , , , , , , , , , , , • , , , • , , 2= Required 0= Optional, but may include additional costs to support Key for C18: C76 Place an X in the YES or NO column, add any comments required in column H n-Technical Requirements R Yes No Vendor's comments Collier County Comments Vendors proposing to supply software Team respons.blel IT Managers solutions to Collier County must comply with County-Practices-and-Procedures- CMA 5401 compliance (CMA) 5401 INFORMATION SYSTEMS PROCUREMENT AND LIFECYCLE MANAGEMENT Vendors proposing to supply any software solutions to Collier County must fill out R IT Managers this document, sign it, and return it to the Collier County IT Division to review. Weighted for hnical Requirements for Applications Hosted on the BCC Network RIO Web -based candidate software shall utilize Microsoft's current Internet browser business depts. fielding RFPS Yes No Vendor's comments Select's supported browsers on a PC Collier County Comments The department purchasing the software Team responsible (Chromium Edge), Chrome, and iOS Safari. Others can be supported , but are the latest versions of Edge, benefits from increased security, efficiency, support would be on a case by case would basis and billable. Firefox, and Chrome. Supported and lower support costs over the life of the R1 R X browsers on a Mac are the latest software Service Desk versions of Safari, Firefox, and Chrome. Please list any other browsers in column G, they may or may not be considered Supported browsers on a PC are the as acceptable. Any non -Microsoft browser considered as acceptable may incur latest versions of Edge, Firefox, and dedicated support costs. Chrome. Supported browsers on a R2 0 X Mac are the latest versions of Safari, Applications Firefox, and Chrome. The vendor must submit any applicable license agreements for any proposed This does not apply. Select does not Allows the department that is purchasing elements including a description of the licensing model, and list prices for all R3 R X have a licensing model. The County the software to determine the limitations of Applications license types and whether or not custom licensing arrangements are available. can have unlimited users. the licensing and the short and long-term costs The vendor must submit any applicable maintenance agreements for any The hosting and maintenance covers For the department purchasing the proposed elements including a description of the maintenance plan, software all anticipated costs which includes software this information will help them upgrade policies and exclusions, and list prices for all maintenance agreement any system upgrades, maintenance, plan when will and how often these events types and whether or not custom maintenance agreements are available. and support. If during your ongoing take place and to manage their costs more support services, you decide to make efficiently. R4 R X additional functionality changes Applications outside of original project scope of work, additional fees may apply. civicplus.com 29 Technical Architectural, Compatibility and Supportability Requirements Document (TACS) Collier County Information Technology Department Version: 20 , , , , , , , , , , , , , , , . . , , , . 10129/2020 Revised by: Paul Ducca Requesting Div./Dept.: Vendor name: Vendor signature: Application name: Date: Key for C18:C76 C=If internal required, If hosted N/A R= Required O= Optional, but may include additional costs to support Key for C78: C76 Place an • • , • • • , • , • • • • • • • • , , • , X in the YES or NO column, add any comments required in column H , SAP is Collier's financial application and as such: Select has no direct integration with • Applications cannot directly interface with SAP SAP. • Applications that have a point of sales component must be able to produce a batch file daily containing all financial transactions for that day R5 R X Applications • The batch file will use the format supplied by the Collier County Clerk of Courts All desktop software applications must utilize Microsoft Operating System, current Select's current apps run on Windows Collier Production Version release with current patches and service packs, R6 R X and Microsoft SOL Server. Operations Windows 10 (64-bit). Applications may not use Exchange Event Sinks or Exchange Public Folders. Select does not use Exchange Event R7 R X Sinks or Exchange Public Folders. Operations If LIS-CERT posts vulnerabilities associated with an application then the All issues are prioritized and escalated application must be mitigated within a 30 day timeframe by the software vendor. when appropriate. CivicPlus remediates legitimate high -risk vulnerabilities within thirty (30) days, moderate risk vulnerabilities within R8 R X ninety (90) days, and low -risk Operations vulnerabilities within one hundred and eighty (180) days in accordance with an organizational assessment of risk. Software must comply with all Federal, State and Local regulation. Especially the Select does not collect Pit as Florida Information Protection Act (FIPA Fla. Stat. 501.171). Vendors and described in FIPA. If County staff consultants must be able to show that their applications either a) do not store the R9 R X needs to upload any documents that Link to Sensitive Data questions Administrative type of sensitive data mentioned in FIPA in their application's database or b) be contains Pit Into Select, that prepared to demonstrate how they secure the type of sensitive data mentioned in information would need to be redacted FIPA in their application's database. first. HIPAA compliance is required for any applications that contain an individuals' Select is not HIPAA compliant. This electronic personal information if it is created, received, used, or maintained in the R10 R X type of information should not be software. collected or stored. All applications that include point of sales systems or accept any type of payments Select does not have a POS. Vendors are required to meet banking using credit cards must be PCI (Payment Card Industry Data Security Standard) industries PCI compliance requirements compliant and recertify every year. All credit card processing must be done R11 R X outside of the BCC network unless the credit card device encrypts all information directly on the device. All vendors requiring access to Collier County facilities and the computer network No remote or physical access to the must comply with current published County ordinances and policies. Those County's systems is required by ordinances and policies are same requirements that all county employees must R12 R X civicPlus. agree to, which include finger printing ,a background check, and signing any user agreements required access the BCC computer network. civicplus.com 30 Technical Architectural, Compatibility and Supportability Requirements Document (TACS) Collier County Information Technology Department Version: 20 10/29/2020 Revised by: Paul Ducca Requesting Div./Dept.: Vendor name: Vendor signature: Application name: Date: Key for C18:C76 C = If _ • internal required, If hosted N/A ° ° ° ° ° , R= Required O= Optional, but may include additional costs to support " " ` ' ' ` ` ` ` " ' ' • ' ' ' ' • ' Key for C18: C76 Place an ° ° ° , ° ° ° ° ° , ° ° ° ° • , ° ° X in the YES or NO column, add any comments required in column H . , , , , , , , , , , , Any software which stores personally identifying information, including but not Select does not collect or secure PH. limited to passwords, SSN, driver's license numbers, etc.... or any financial information, such as credit card numbers, bank routing information, etc... must fully protect the information and disclose the methods of protection used, access R13 R X All IT teams protection methods, and life cycle handling of this data. Industry standard encryption methods utilizing at least 256 bit encryption techniques are required. Software vendors will acknowledge in writing prior to selection, that Collier County All data imported and entered is the Government will own any and all data and the databases. R14 R X property of the County and the data Applications can be exported at any time. The candidate software application proposal must include a complete hardware Select is a cloud -based application. Technical specifications, hardware topology diagram and recommended hardware configurations. There are no hardware requirements requirements, and visual representations Vendor Deliverables: for the user. You must use a of the candidate's recommended software -Topology Diagram supported internet browser and have a solution will enable the selection - Recommended hardware requirements (workstation and server) C7 R X reliable internet connection. Select committee to understand the complexity of Applications - Network bandwidth requirements does not offer separate system the application and costs to support it. environments at this time. Web -based software must utilize IIS 10 or newer with current patches and service Software does run on IIS 10 in a The department purchasing the software packs. shared responsibility environment. benefits from increased security, efficiency, Microsoft is responsible for the and lower support costs over the life of the C2 R X environment updates whereas software Operations CivicPlus is responsible for keeping the Select application up-to-date. Applications that utilize a web browser for an internal or external access will utilize Select utilizes TLS1.2. TLS1.2 instead of SSL C3 R X Operations Software applications should support and run on current shipping release of Select is a browser -based application virtual servers, including: and we can't confirm or deny - VMware ESX ( most current version) C4 R X compatibility. Select has not been Operations tested with this system. All software upgrades or changes required by the selected vendor must be fully All software updates/maintenance tested before being moved into the production environment. Therefore vendors is included in the maintenance/yearly must include in their proposal the costs for licensing, professional services, and cost for Select. Any additional major annual maintenance to set up and maintain test and development environments. functionality such as the addition of a C5 R X new service or module will not be Applications included in the maintenance price. System must support the current the use of NetBackup in the Collier Production Backup data resides in Azure cloud environment with NetBackup most current version. C6 R X storage. Operations civicplus.com 31 Technical Architectural, Compatibility and Supportability Requirements Document (TACS) Collier County Information Technology Department .................................................................................... Version: 20 .................................................................................... 10/29/2020 ... ................ ................ .............. Revised by: Paul Ducca .................................................................................... Requesting Div./Dept.: Vendor name: Vendor signature: Application name: Date: Key for C18: C76 C = If internal required, If hosted N/A R=Required ........................ ...... ...... ... ............................................................ .... ................ ................. ............ O= Optional, but may include additional costs to support I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key for C78: C76 Place an . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X in the YES or NO column, add any comments required in column H ........................ . . . . . . ........................ . . . . . . . . . ............................................................ . . . . ............................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . All server software applications must utilize Microsoft Operating System, current Select's current apps run on Windows Standardizing the desktop operating Collier Production Version release with current patches and service packs, current and Microsoft SOL Server. system to a few specific versions version is Server 2019 C7 R X decreases the management overhead for Operations support and lowers the cost to the agency. Solutions requiring a back -end database must utilize Microsoft SOL Server Select supports Microsoft SOL Server. Standard or Enterprise edition. The solution must use and support Microsoft SOL Server 2016 (64-bit) SP2 or newer. Compatibility mode must match the version of C8 R X Development Microsoft SOL Server. For SOL Server based solutions, the use of the default SOL SA account is Select's current apps run on Windows prohibited. The use of the SA role for daily functions is also prohibited. The C9 R X and Microsoft SOL Server. Development solution will adhere to the least privilege principle. Is the proposed application compatible with VSS? Select is a browser -based application, Service Display Name: Volume Shadow Copy and we can't confirm or deny Service Name: VSS C10 R X compatibility. Select has not been Path: C:\WINDOWS\system32\vssvc.exe tested with this system. Hard coding account access shall not be permitted. Select does not hard code account Provides enhanced application security by access. removing the issue of being unable to C11 R X change user account names and Operations/Development passwords if that information is compromised. If a geographic information systems (GIS) is included in the solution, the solution Select has no integration with ESRI If the solution must use On -Premise must leverage ESRI ARGIS Online. Loosely couple architecture using the REST ArcGIS. ArcGIS Enterprise this should be talked endpoints is the preferred architecture solution. The County strives to keep its C12 R X over with IT Managers and discussed to Development ESRI GIS current with the latest released version. make sure that this can be kept up to date All optional items listed below may incur additional costs for support :nd maintenance for the application that is proposed. All additional oats, for implementation and ongoing maintenance would be borne by the department purchasing the application. R/O Weighted for optional business requirement for depts. fielding RIFPS Yes No Vendor's comments and that the Dedicated GIS servers can Collier County Comment. civicplus.com 32 Technical Architectural, Compatibility and Supportability Requirements Document (TACS) Collier County Information Technology Department Version: 20 10/2912020 Revised by: Paul Ducca Requesting Div./Dept.: Vendor name: Vendor signature: Application name: Date: Key for C18:C76 C = If Now internal required, If hosted NIA R= Required y y • • • • • • y , 0= Optional, but may include additional costs to support Key for C18: C76 Place an X in the YES or NO column, add any comments required in column H Incident Support providing 24x7/365 coverage shall be offered. Incident response ClvlcPlus will use commercially reasonable This service is appropriate when a service levels shall be specified. efforts to make first contact with the customer department's critical business is run within 4 hours of ticket submission receipt outside of the normal 8 to 5 Monday to regardless of ticket channel used (phone, mail, that). updates will be provided promptly Friday work week ( example: evenings, after new information about the Incident or weekends, holidays) and the software resolution is available. A customer ticket systems are proprietary or complex management portal is available, per back -end enough that the BCC IT department users unique email address, to view the status of and collaborate directly with technical cannot always resolve the issue without support engineers. assistance from the vendor. There is Non-Emereen es: our technical support target however, a premium associated with the for an initial response is within 4 hours of the cost of this type of vendor support, which support request. This is applicable to the the department purchasing the software operating hours of 8 a.m. to 6 p.m. CST Mon. Fri. would bare. Emereenc s: 2417 on -call service is available, and we make every attempt answer live. If 01 O - 10 X unable to accept the live call, we target a follow Applications up call within 15 minutes. Emergency support service for urgent requests is available 24/7 for designated points of contact. The emergency support line will be answered by our o—all team who will gather information, contact the appropriate CivicPlus team members, and initiate a call -tree protocol until a resolution and customer communication is completed. For illustration purposes only.2021 support metrics were as follows: • Average Chat Response - 3:48 Minutes • Average Phone Response - 7:57 Minutes • Customer Satisfaction Score - 95.7 h • Solved in One Touch - 71.2 Client software applications should support and the vendor should provide Select is a browser -based application Results in lower support and maintenance package definition files with silent install without user interaction, using Microsoft and we can't confirm or deny costs for the department that owns the SCCM current version. Supported installation packages include: 02 O - 10 X compatibility. Select has not been software. Applications MSI, Microsoft Windows installer MSI compatible tested with this system. All software application vendors are required to notify Collier County when new Due to Select being cloud -based there Allows the department that owns the releases become available and when current releases and related systems are no is no need to manually install the software to get the latest functionality that longer supported. updates and there is no downtime. In the vendor is offering along with patches the case where an enhancement will that keep software security and have a major business impact, you will compatibility current. be notified in advance and invited to 03 O - 10 X attend a webinar or will receive Applications specific training information. For features and enhancements that have a minor business impact, an in-app notification will highlight the new feature and provide links to help center documentation. civicplus.com Technical Architectural, Compatibility and Supportability Requirements Document (TACS) Collier County Information Technology Department Version: 20 10/29/2020 Revised by: Paul Ducca Requesting Div./Dept.: Vendor name: Vendor signature: Application name: Date: Key for C18:C76 C = If ernal required, If hosted N/A ` ' ` ' ' ` ' Required , , . . . , , , , , , , , , , , , , , , , , , . . . . . . . . Optional, but may include additional costs to support Key for C18: C76 Place an X in the YES or NO column, add any comments required in column H ` ` ' ' ' ' ' ' ' ' Preferred solutions should take advantage of the County's Active Directory Select is able to integrate with IdP Provides enhanced security by eliminating environment and utilize Windows Authentication at the application, database and services via the C.IVIGPIus Platform. the possibility of a disgruntled former server tier, run fully in the user context, and not require elevated permissions or 04 O - 10 X Supported IcIPs are ADFS 3.0, ADFS employee or vendor getting access to a All IT teams administrative permissions. Elevated permissions require adherence to all 4.0, ADFS 5.0, Azure AD, and Okta. department's application since their relevant policies, such as the Elevated Privileges and Elevated Database network account with be disabled. Does the application require anti -virus exclusions Anti -Virus? If so please provide Select requires updated anti -virus or paths R or processes 05 X anti-malware programs on all system. All credit card processing devices are prohibited from being connected to Select does not support any payment- Credit Card payment devices must use a any BCC computer or directly to the BCC network unless the device is P2PE R-15 R X related applications. separate phone or cable connection to the Applications compliant and encrypts the data directly on the device. Internet or is P2PE compliant DivisionSecurity Software required by the Information Technology Proposer's software must compatible with. Select is a browser -based application, If for some reason the proposing NNT R-16 X X and we can't confirm or deny vendor's software is not compliant with Security compatibility. Select has not been CMA5401, then it is possibly to tested with this system. mitigate the issues . However mitigation would be a dedicated Select is a browser -based application, and we can't confirm or deny service and the purchasing division Change Auditor R-17 X X compatibility. Select has not been would be responsible to bare all of the Security tested with this system. costs of the mitigation. Select is a browser -based application, and we can't confirm or deny Cisco AMP (Antivirus) R-18 X X compatibility. Select has not been Security tested with this system. Our web application firewall uses Windows Firewall R-19 X OWASP. Security Select is a browser -based application, and we can't confirm or deny Flexera R-20 X X compatibility. Select has not been Security tested with this system. Select is a browser -based application, and we can't confirm or deny SCCM R-21 X X compatibility. Select has not been Security tested with this system. Select is a browser -based application, and we can't confirm or deny System Center Endpoint Security R-22 X X compatibility. Select has not been Security tested with this system. civicplus.com 34 Technical Architectural, Compatibility and Supportability Requirements Document (TACS) Collier County Information Technology Department Version: 20 10/29/2020 Revised by: Paul Ducca Requesting Div./Dept.: Vendor name: Vendor signature: Application name: Date: Key for C18:C76 C = If . . , ° , , , , , , , , , , , , - , , , . . . . . . . . internal required, If hosted N/A R= Required O= Optional, but may include additional costs to support ^ Key for C18: C76 Place an X in the YES or NO column, add any comments required in column H . - . . Select is a browser -based application, and we can't confirm or deny Cisco AnyConnect R-23 X X compatibility. Select has not been Security tested with this system. Vendor Required Software for their applications to run Does the application require Flash? Yes No I X Vendor's comments Select does not require Flash. Collier County Comments Software listed in this section will Applications Select does not require Java. require additional dedicated costs for Does the application require Java. X support. Applications pp Does the application require Silverlight? X Select does not require Silverlight. Applications Select does not require any type of Does the application require any type of PDF software? Cloud SAS Specific Applications Services Yes X No PDF software. Vendor's Collier County Comments Applications or and ADFS for single sign on comments Select is able to integrate with IdP services via the CivicPlus Platform. O X Supported IdPs are ADFS 3.0, ADFS 4.0, ADFS 5.0, Azure AD, and Okta. Does the application require the installation of software, including browser plug -ins Since Select is cloud -hosted, the only on a end user's computer, list all the software and version number required in cell requirement is that a user has a H70. R X computer with internet access. Provide a detailed architectural diagram of the application that includes links to all CivicPlus will not expose the If a vendor cannot provide a detailed servers, services, and IP addresses. architecture of the software. architectural diagram of their application that includes links to all servers, services, and IP addresses this will not necessarily preclude a vendor from selling their application to a Collier County division. X However, the Collier County Information Technology Division will not be able to troubleshoot any problems beyond the edge of the BCC network and it will be the vendors responsibility to resolve any issues that occur. Collier County uses a web filtering service. Does the proposing vendor's solution If it Is properly configured, yes, Select Variances are possible if a vendor does work with a web filtering service. If it does, please provide all IP Addresses and the can support this. not want or cannot supply the requested services being delivered in cell H70. information. However, if problems with the X application occur and the BCC network is functioning as designed, it is the responsibility of the vendor to troubleshoot and resolve the issues. If your application requires whitelisting, please provide a list of URL's to be We can provide a list upon bypassed in the web filtering service. X implementation. civicplus.com 35 Technical Architectural, Compatibility and Supportability Requirements Document (TACS) Collier County Information Technology Department Version: 20 10/29/2020 . . , , , . . . . . . . . Revised by: Paul Ducca Requesting Div./Dept.: Vendor name: Vendor signature: Application name: Date: Key for C18:C76 C = If internal required, If hosted N/A . . . R= Required O= Optional, but may include additional costs to support Key for C18: C76 Place an ° ° ° ° ` , , ° ` ` , , , , . ` ` ` , ` ` ` ` ° ` , , ` ` ` ` ` X in the YES or NO column, add any comments required in column H . . . List the web browsers and versions that your application is compatible with in cell Supported browsers on a PC are the H74 latest versions of Edge, Firefox and Chrome. Supported browsers on a X Mac are the latest versions of Safari, Firefox, and Chrome. Describe your data backup and recovery process. Will a copy of the database be Customer files are replicated to a available if requested and what format will it be in? secondary Azure region. The Select server is backed up daily, and backups are saved for 30 days. The Recovery Point Objective, the maximum amount of data loss after an incident has occurred, can be up to 24 hours because back ups are only taken once a day. Therefore, if the X failure occurs 1 hour before the next backup is taken, there would be 23 hours of loss. If a customer terminates a contract, data export options are provided. Is any type of sensitive data stored in the application database and if so what Select does not protect PH and is not steps are taken to protect that data? HIPAA-compliant. Please do not X collect or enter this type of Link to Sensitive Data questions information in Select. Select follows industry standard best practices such as NIST SP 800-53 What coloration data center is the proposing vendor's application housed at? guidelines. Our Director Information th Security is the owner of the security X policy. Customer data is stored in an Azure Data Center in the US. Azure manages all systems at the infrastructure level. Yes, The tier II data center has 55Gb/s of Bandwidth provided by 5+ carriers X with BGP routing to provide for redundancy and load balancing. Minimum bandwidth required? Yes, Select supports HTTPS, TLS 1.1 Web applications must support HTTPS, TLS 1.1 or higher X or higher. civicplus.com 36 Cost of Services to the County 37 EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (20 Total Points Available) Initial pricing is for evaluation purposes and are subiect to change during negotiations with the selected vendor. Provide the proposer's typical hourly rate sheet in the event the County may deem it necessary to make modifications to the software in the future. This rate sheet, subject to negotiations, will be included in the final contract. Positions may include, but are not limited to: N/A - CivicPlus prices on a per -project, all-inclusive basis. This type of pricing structure eliminates surprise costs, the uncertainty of paying by the hour, and is overall more cost- ■ Project Manager (on -site and remote) $ effective for our customers. It Provides you with a Price. ■ Systems Analyst ■ Trainer • Complete the following price information in the format identified below. The County will use the TOTAL COST OF OWNERSHIP in the pre -score evaluation. Item # Description Response Identify the software license cost for three hundred fifty (350) to five 1. hundred (500) concurrent users for Year 1 (from production start-up $16,116.75 recurring through the end of the first year). costs Identify the lump sum professional service fees for the implementation, 2 training, change management, project management, integration, report development, and any other related services (including subcontractors or third -party services). $ N/A Identify travel expenses or any other miscellaneous fees in the 3 implementation of this project. (Note: The County will only pay travel expenses according to the State of Florida travel reimbursement $ 9,900 one time costs schedule.) 4 Identify any hardware costs associated with the implementation of this scope of work. $ N/A Subtotal (add items 1, 2, 3 and 4 which indicates the total costs for Year 1 from production start date) $ 26,016.75 $ 22,563.45 (Year 2) $ 23,691.62 5' Identify annual software operations, maintenance, and license fees for (Year 3) years two (2), three (3), four (4) and five (5). $ 24,876.20 (Year 4) $ 26,120.01 (Year 5) TOTAL COST OF OWNERNSHIP (add subtotals (1— 4) with item 5 Enow- above to achieve the overall TOTAL COST OF OWNERSHIP) $123,268.03 civicplus.com 38 Investment Proposal CivicPlus can appreciate the monetary constraints facing our governments each day. To help ease these concerns and assist with budgeting and planning, our proposed project and pricing are valid for 180 days from June 6, 2023. Development • Unlimited Users • Unlimited Storage • Agenda Management o Unlimited Boards o Custom -Developed Templates (Two Agenda Templates, One Item Report Template, One Minutes Template, One Agenda Script Template) o System -Generated Staff Reports • Live Meeting Management o Record Minutes Including Motions, Votes, Speakers, and Discussion o Display Pages o Electronic Voting • Analytics Module Access o Create and Save Custom Individual Views and Organizational Views o Export Views as .XLS and .CSV Files • Google Drive, OneDrive, and Dropbox Integrations • Public Resident Portal • Board Portal • Custom IdP Integration Ultimate Implementation • Typical Project Timeline —16 to 20 Weeks • Up to Four Hours Virtual Consulting • Up to Eight Hours Virtual Training • Historical File Import - Up to 7,500 files Annual Recurring Services • Hosting & Security • Software Maintenance Including Service Patches & System Enhancements • 24/7 Technical Support • Dedicated Customer Success Manager Year 1 List Price $3-'',1''�Q Year 1 Total Discount Total Investment - Year 1 (includes one-time fees and Year 1 annual services) Annual Recurring Services - Year 2 (includes 5% uplift) ($51372.25) $261016.75 $221563.45 civicplus.com 39 CivicPlus Project Pricing & Invoicing CivicPlus has endeavored to meet Collier County's needs and expectations for your new CivicPlus Agenda and Meeting Management Select solution based on the information provided. The investment proposal included is subject to change should additional functionality, custom development, or project enhancements, outside of the included scope, be added before contract signing. CivicPlus prices on a per -project, all-inclusive basis. This type of pricing structure eliminates surprise costs, the uncertainty of paying by the hour, and is overall more cost-effective for our customers. It provides you with a price based on the products and features listed in this proposal that only varies if additional functionality of work, outside of the original project scope, is requested. We understand local governments must look beyond just functionality and that multiple factors come into play when determining which vendor can meet not only your functional needs but also your budgetary requirements. CIVICPLUS OFFERS: Standard Invoicing • 100% of Year 1 fees are due at contract signing • First -year Annual Services fee is included with your Year 1 cost • Subsequent annual invoicing occurs on the anniversary of the contract signing date, and is subject to a five percent technology fee uplift each year starting Year 2 of your contract Customized Billing/Invoicing • Other billing options can be discussed before contract signing and, if feasible, a plan developed that works for all parties • Not available with all CivicPlus products —please contact your customer success manager for more details We will work with you before contract signing to determine which of our billing processes will meet both your needs for budget planning and our accounting processes. Proposal as Non -Binding Document A successful project begins with a contract that meets the needs of both parties. This proposal (including all supporting, technical, or specification documents required for submittal with the current RFP) is intended as a non- binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is to provide information on a proposed project we believe will meet your needs based on the information available. If awarded the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and insurance requirements as provided in the RFP before a final agreement is reached. For reference, CivicPlus' standard Master Services Agreement and Solutions and Services Terms and Conditions can be found online at civicplus.help/ he/en-us/p/legal-stuff. We look forward to developing a mutually beneficial contract with Collier County. civicplus.com 40 Optional Enhancement We are confident in the ability of our proposed project to meet the needs and requirements of the RFP set forth by Collier County. Based on potential future conversations, the following is an additional enhancement we may recommend. CivicPlus Media Today's digitally minded citizens are logging more hours watching online video than ever before, and they are searching for content that ranges from entertaining, to informative. For local governments, video is a powerful ' mechanism for sharing news and events, encouraging civic participation, meeting transparency requirements, building a brand, recruiting employees, and encouraging citizens to develop a sense of civic pride. Media is a core component of the Civic Experience Platform and is accessible through CivicEngage municipal websites and CivicPlus Agenda & Meeting Management Select. With CivicPlus Media, you can integrate live or recorded videos of meetings and events anywhere on your CivicEngage website that are easily accessible by citizens from any desktop computer or mobile device —no technical or coding skills necessary. SIMPLE LIVE STREAM RECORDING • Immediate availability of recorded videos for on -demand viewing -no additional steps or manual file uploads • Convenient integration with social media platforms including Facebook, YouTube, and Twitter • High -definition video for professional -quality presentations • Link meeting agendas and bookmarks • Auto -start recordings of meetings, so video viewers never miss a moment of live proceedings CIVICPLUS MEDIA + ZOOM • Password protect each meeting to prevent Zoombombing • Create and share a Zoom meeting ID number only with elected officials and key staff when necessary • Mute citizen participants when open comment session has ended • Control the meeting within Zoom and protect participants from attempting a screen share • Allow citizens to sign up to receive a link that will allow them to issue public comments and share their screen during the session • Record and automatically upload meeting videos for on -demand playback 0 civicplus.com 41 Experience and Capacity of the Firm 42 CivicPlus Company Overview CivicPlus History CivicPlus began in 1998 when our founder, Ward Morgan, decided to focus on helping local governments work better and engage their residents through their web environment. Over the years, CivicPlus has continued to implement new technologies and merge with industry forerunners to maintain the highest standards of excellence and efficiency for our customers. Our portfolio includes solutions for website design and hosting, parks and recreation management, emergency and mass communications, agenda and meeting management, 311 and citizen relationship management, process automation and digital services, codification, licensing and permits, web governance and ADA remediation, social media archiving, and FOIA management. EXPERIENCE RECOGNITION 20+ Years Experience with SaaS for Government 8+ Years Agenda & Meeting Management Experience 12,000+ Customers 900+ Employees Inc. 5000 11-time Honoree GovTech 2023 Top 100 Company Stevie@ Awards Recognized with multiple, global awards for sales and customer service excellence Our commitment to deliver the right solutions in design and development, end -user satisfaction, and secure hosting has been instrumental in making us a leader in government web technology. We are proud to have earned the trust of our over 12,000 customers and their 100,000+ administrative users. In addition, over 340 million residents engage with our solutions daily. Primary Office 302 S. 4th Street Suite 500 Manhattan, KS 66502 Toll Free: 888.228.2233 1 Fax: 785.587.8951 civicplus.com Contact Darren Cornejo Account Executive darren.cornejo@civicplus.com 785.789.4257 civicplus.com 40 Finanical Strength StTt e B a n k May 4, 2022 CivicPlus, LLC 302 S. 4th Street, Suite 500 Manhattan, KS 66502 RE: CivicPlus, LLC To Whom It May Concern: KS StateBank of Manhattan is pleased to provide this Bank Letter of Recommendation for our valued customer; CivicPlus, LLC. In addition to deposit accounts, we previously extended credit facilities to CivicPlus, LLC aggregating in the low eight figure proportions, All deposit and credit facilities have been handled in a very satisfactory manner. The company's self -reported financial position is sound and would be supportive of current and future credit extensions. We have enjoyed a strong working relationship with CivicPlus, LLC and are pleased to call them a valued customer. If you have any questions or require additional information, with CivicPlus, LLC approval, please do not hesitate to contact us. Sincerely, Cody Blake VP Commercial Lending MEMBER FDIC I EQUAL HOUSING LENDFR ,i� MANHATTAN I JUNCTION CITY I WICHITA I PHOrmNiX I k3st8te.bank 0 civicplus.com 41 Similar Projects CivicPlus' Select Agenda and Meeting Management solution delivers years of experience in agenda and meeting management software as a service technology that has been designed specifically to meet the needs of municipalities and their staff and officials. Our commitment to deliver the right solutions in design and development, end -user satisfaction, and secure hosting has been instrumental in making us a world leader in government web technology. We consider it a privilege to partner with our clients and provide them with a solution that will serve their needs today and well into the future. Included are some experiences our customers have had working with Select. "The training was seamless. Personally, I was not nervous about starting to use Select, but I know people can be uncomfortable with change, so we held three different live training sessions for the different departments that would be heavily using the system. Everyone could choose the training session that fit their schedule. Every employee who left the training session felt like, 'I can do that. It's easy:" — Ronda Cole, Clerk of the Mayor - Council, Gulfport, MS CLIENT LIST "It's been a great process; very smooth. It's been easy to communicate what we're asking for with our implementation team. We explain what we're trying to accomplish, and they help show us how to use the software to accomplish our goals. It's been wonderful how flexible the product is and how we can tailor it to fit our current processes. With Select, we don't have to change everything we do. We can keep the core of our workflows the same for the most part." — Angie Johnson, PHR, Deputy Assistant City Recorder, Franklin, TN CivicPlus is a privately held firm and does not release a list of clients during a public RFP process. With that being said, CivicPlus has designed, developed and implemented projects for over 4,000 customers, with approximately 350 current Agenda and Meeting Management Select customers. Should Collier County require more information on the clients we serve, we would be happy to have discussions with you later in the process with the understanding that any information shared would remain confidential. civicplus.com 42 References CivicPlus, LLC can provide reference letters/forms at a later time in the RFP process. OPA LOCKA, FL Chris Wills, Deputy City Clerk E: cwills@opalockafl.gov P: 305.688.4611 x 1102 FAIRBURN, GA Deannia Ray, City Clerk E: dray@fairburn.com P: 770.964.2244 x 124 COLUMBIA, TN SPARTANBURG, SC Christopher George, Communications Manager E: cgeorge@cityofspartanburg.org P: 864.596.2929 ISLAMORADA, FL Marne McGrath, City Clerk E: clerk@islamorada.fl.us P: 305.664.6412 Paul Keltner, Director Development Services E: paul@columbiatn.com P: 931.560.1560 civicplus.com CONFIDENTIAL 1 43 Specialized Expertise of Team Members 44 Project Team From project management to technical support, a team of accountable and knowledgeable Select experts will assist you at every step to ensure your project's success and your complete satisfaction. We will assign your individual, dedicated implementation consultant before kickoff to work directly with you throughout the implementation process. Once your system configuration is complete, your implementation consultant will ensure that you and your staff are thoroughly trained on your Select solution. After go -live, your dedicated customer success manager and our award - winning Technical Support team will support your strategic goals long term. Collier County's Project Team Implementation Team Manager Implementation After Go Live Senior Director of Customer Success Consultant Technical Support Customer Success Manager civicplus.com 45 Team Leaders Our expert team leaders will coordinate qualified specialists who will work directly with you throughout your project development and beyond. JENNIFER LEIBROCK Solutions Director of Select AMANDA WRIGHT Implementation Team Manager Jennifer is responsible for building the vision for the Select product and ensuring that it continues to evolve to meet the needs of our customers. Her experience has provided valuable knowledge of the unique business processes and functions of local government administrators. Jennifer prides herself in her ability to translate complex processes into robust features and products to help local government work better. Education- MS in Secondary Education; BA in English Resume- Sr. Solution Manager; Sr. Cloud Delivery Consultant; Marketing & Technology Manager 10+ Years Experience - Product Management; Process Consultation; Product Strategy Amanda leads the project managers, implementation consultants, and analysts who make up your Agenda & Meeting Management Implementation Team. This team oversees the implementation of your software from contract signing through launch and ensure your experience with CivicPlus is positive and impactful. Education- BS Hospitality Management; Minor Business Administration; Minor Leadership Studies Resume- Program Manager; Brand Director; Event Producer 10+ Years Experience - Project Management; Process Optimization; Leadership civicplus.com CONFIDENTIAL 1 46 JEREMY WILSON Senior Director of Customer Success JIM FLYNN Director of Information Security Upon launch of your website to the public, Jeremy will assign a customer success manager to your account. Your dedicated customer success manager will partner with you to create an ongoing strategy to better engage your residents by utilizing the tools and products that CivicPlus has to offer. Education- BS Political Science Resume - Assistant Manager of Account Management; Solutions Specialist 5+ Years Experience - Customer Service; Leadership Sales; Team Building Jim has been with CivicPlus since 2009 and uses his over 20 years of IT and security data management experience to manage the security and hosting reliability for our thousands of customers. Jim has been at the forefront of cybersecurity strategy and leadership, protecting local governments from the continually evolving cyber threats that exist today. Education- BA Computer Information Systems Resume - Chief Systems Architect; Information Technology Director; Software Engineer 20+ Years Experience- Cybersecurity; Network Infrastructure; System and Software Architecture civicplus.com CONFIDENTIAL 1 47 Local Vendor Preference 48 CivicPlus, LLC is not located within the limits of Collier or Lee County. civicplus.com 49 _ __ .0 Forms 50 Co ter County Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. ❑X General Bid Instructions has been acknowledged and accepted. ® Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ® Form 1: Vendor Declaration Statement ® Form 2: Conflict of Interest Certification ❑ Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. N/A ® Vendor MUST be enrolled in the E-Verify - hLtps://www.e-verify.gov/ at the time of submission of the proposalibid. ❑X Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. N/A Form 5: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. N/A ® Vendor W-9 Form. ❑X Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. 0 The Bid Schedule has been completed and attached with your submittal, applicable to bids. 0 Copies of all requested licenses and/or certifications to complete the requirements of the project. X❑ All addenda have been signed and attached. No addendum posted as of 6/5/2023 ® County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ® Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. civicplus.com 51 Co ler County Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 31st day of May 2023 in the County of Riley , in the State of Kansas Firm's Legal Name: CivicPlus, LLC Address: 302 S 4th Street, Suite 500 City, State, Zip Code: Manhattan, KS 66502 Florida Certificate of Authority Document Number Federal Tax 48-1202104 Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: 888.228.2233 Email: bids@civicplus.com Signature by: Cole Cheever (Typed and written) Title: Senior VP of Operations civicplus.com 52 Additional Contact Information Send payments to: CivicPlus, LLC (required if different from Company name used as payee above) Contact name: N/A Title: N/A Address: PO Box 737311 City, State, ZIP Dallas, TX 75373-731 Telephone: 888.228.2233 Email: accounting@civicplus.com Office servicing Collier County to place orders (required if different from above) Contact name: N/A Title: Accounting Department Address: 302 S 4th Street, Suite 500 City, State, ZIP Manhattan, KS 66502 Telephone: 888.228.2233 Email: accounting@civicplus.com civicplus.com 53 C 6 7e r C 014ftty Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. State of KO�h.S&s County of e The foregoing instrument was acknowledged before me by means ofV phy; of � (AnC� (month), Z�(year), by 3C Lr'T W r NOTARY PUBLIC -State of Kansas SARAN R LOt�AAS� Personally Known OR Produced Identification P • S&x4A1 Vrtown Type of Identifica on Produced CivicPlus, LLC �Company les Name � Signature Cole Cheever, Senior VP of Operations Print Name and Title presence or ❑ online notarization, this Zn 0Jday o &, 4 (name of person acknowledging). of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) civicplus.com 54 Co -ier County Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program aLgs://www.e-verify.govn, at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA'). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal bid. CivicPlus, LLC mpany Name Signature Cole Cheever, Senior VP of Operations Print Name and Title State of K" 5 aS County of I The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this Znd day of ` _ (month), %3 (year), by c rOL� � YV (6 Y�yU (name of person acknowledging). NOTARY PUBLfC -State of Kansas SARAH R LOMASNEY tdY APPT. EXPIRES g/ � / � (Signatur f Notary Public) Personally Known OR Produced Identification PexS�>ne��� Known Type of Identification Produced (Print, Type, or Stamp Commissioned Name of Notary Public) civicplus.com 55 COACT C O-11411t y Procurement Services Division Form 4: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties ofperiury. I certify that the information shown on this form is correct to my knowledge. Company Name: Address in Collier or Lee County: Signature: N/A - CivicPlus is not a local vendor. Date: Title: civicplus.com 56 We have included the first page of our E-Verify Memorandum of Understanding, and can provide the rest upon request. Company ID Number: 1336645 y THE E-VERIFY MEMORANDUM OF UNDERSTANDING 401ZILri4=1'1=IATA[a]="=1LTANJ116 j=I*1 ARTICLE I PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS) and CivicPlus, LLC. (Web Services Employer). The purpose of this agreement is to set forth terms and conditions which the Web Services Employer will follow while participating in E-Verify. A Web Services Employer is an Employer who verifies employment authorization for its newly hired employees using a Web Services interface. E-Verify is a program that electronically confirms a newly hired employee's authorization to work in the United States after completion of the Form 1-9, Employment Eligibility Verification (Form 1-9). This MOU explains certain features of the E-Verify program and describes specific responsibilities of the Web Services Employer, DHS, and the Social Security Administration (SSA). For purposes of this MOU, the "E-Verify browser" refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. Before accessing E-Verify using Web Services access, the Web Services Employer must meet certain technical requirements. This will require the investment of significant amounts of resources and time. If the Web Services Employer is required to use E-Verify prior to completion and acceptance of its Web Services interface, then it must use the E-Verify browser until it is able to use its Web Services interface. The Web Services Employer must also maintain ongoing technical compatibility with E-Verify. DHS accepts no liability relating to the Web Services Employer's development or maintenance of any Web Services access system. civicplus.com 57 ® An official website of the United States government Here's how you know V.1 rif My Company Account My Company Profile Company Information Company Name CivicPlus, LLC. Doing Business As (DBA) Name CivicPlus Company ID 1336645 Enrollment Date Aug 28, 2018 Employer Identification Number (EIN) 481202104 Unique Entity Identifier (UEI) DUNS Number Total Number of Employees 500 to 999 Menu - NAICS Code 541 Sector Professional, Scientific, and Technical Services Subsector Professional, Scientific, and Technical Services Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Company Addresses Physical Address 302 S. 4th Street Manhattan, KS 66502 Mailing Address Same as Physical Address Edit Company Addresses Hiring Sites We have implemented a new policy and require more information for existing and future hiring sites. Number of Sites 3 Edit Hiring Sites Company Access and M O U My Company is Configured to: Verify Its Own Employees Use Web Services Memorandum of Understanding View Current MOU U.S. Department of Homeland Security_ U.S. Citizenship and Immigration Services Accessibility_ Plug -ins E� ti F/T � s �U���ANn SEA p: DIVISION OF CORPORATIONS l !,lei �i.org un offir4d -�rmv of Florida ►vvbs'i e Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company CIVICPLUS, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address M19000006674 48-1202104 06/26/2019 KS ACTIVE LC STMNT OF RA/RO CHG 09/18/2019 NONE 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Mailing Address 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 09/18/2019 Address Changed: 09/18/2019 Authorized Person(s) Detail Name & Address Title AP REMPE, BRIAN 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Florida Department of State, Division of Corporations Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. CivicPlus, LLC 2 Business nameldisregarded entity name, if different from above M d 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to co following seven boxes. certain entities, not individuals; see a instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑Partnership ElTrust/estate c single -member LLC Exempt payee code (if any) ao � ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► P o `? Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting a LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an ( y) a another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that ° is disregarded from the owner should check the appropriate box for the tax classification of its owner. •y ❑ Other (see instructions) I- (Applies to amounts maintained outside the U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 302 S 4th Street, STE 500 6 City, state, and ZIP code Manhattan, KS 665002 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - - IE entities, it is your emDlover identification number (EIN). If you do not have a number, see How to qet a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F-T-1 on Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of �er,4 T rreti�'o�� Here U.S. person ►Rein. Tessendo (Jan 5, 20231 .5aT Date ► Jan 5, 2023 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) civicplus.com 58 (Requestors Name) (Address) (Address) (City/State2iplPhone ff) PICK-UP WAIT 11 MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer - Off ice Use Only 000331081350 - N `. CID ate". F fir•, W ua civicplus.com 59 C;) CIVICPLUS ILLPI..G COLIM'GaiIfS E%GaGL ++%—.;-i'AC: June 24, 2019 Florida Department of State Division of Corporations Registration Section Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 To whom it may concern: Please see the attached Application by Foreign Limited Liability Company for Authorization to Transact Business in Florida for CivicPlus, LLC. Also included is a Certificate of Good Standing from our home state and a check for the filing and registered agent fees, in the amount of $125.00, CivicPlus, LLC was formerly registered in FL as CivicPlus, Inc. (FKA Icon Enterprises, Inc.), I have also attached evidence of our withdrawal filing for CivicPlus, Inc. I inform you of this to clear up any confusion about the availability of our name "CivicPlus". If you have any questions or concerns, please contact me at: (785)323-1555 or idasenbrock�a civicplus.com. Si ely, • N Jennifer Dasenbrock CivicPlus In -House Legal Counsel 1: .. W + CivicPluscom CORPORATE OFFICE 302 S. 4th Street, Suite 500 Manhattan, KS 66502 888.228.2233 + FAx 785-587-8951 civicplus.com 60 COVER LEI-FER TO: Registration Section Division of Corporations CivicPlus, I,[,( - SUBJECT: Name of Limited Liability Company The enclosed "Application by Foreign Limited Liability Company for Authorization to Transact Business in Florida," Certificate of Existence. and check are submitted to register the above referenced foreign limited liability company to transact business in Florida. Picase return all correspondence concerning this matter to the following: Jennifer Dasenbrock Name of Person Civic Plus, Ll-C Finn/Company 302 S 4th Street, STE 500 Address Manhattan, KS. 66502 � 2 City/State and 'Lip Code ..� • N jdasenbrockQcivicplus.com:cvptaxQcivicplus.com F-mail address: (to be used for future annual report notification) rT l For further information concerning this matter, please call: ts'� Jennifer Dasenbrock 785 323 1555 at ( ) Name of Contact Person MAIfdNG ADDRESS: Division of Corporations Registration Section P.O. Box 6 327 Tallahassee. FL 32314 Area Code Daytime Telephone Number STREET ADDRESS: Division of Corporations Registration Section Clifton Building 2661 Executive Center Circle Tallahassee, Fi. 32301 unclosed is a check for the followin.- amount: I lease make check ptavable to: FLORIDA DF.PARTIMENT OF STATE: 8 S 125.00 Filine Fee ❑ $130.00 Filing Fee & ❑ $155,00 Filing Fee & ❑ $100.00 Filing Fee, Certificate Certificate of Status Certified Copy of Status & Certified Copy %? civicplus.com 61 APPLICATION 13Y FORF;IGN LIMITED LIABILITY COMPANY FOR All'i'IFORIZA1'1111 '1*0'1'R 1,NSA('1' 1iL151NESS IN FLORIDA INCOMP11 %Cr Fb01 SR'770,V 605.(?X)3, I-WR -1 SIARffhN 711E k-OL10 7AU lti S1JBM1177D 7O RVIA577Y F 11481I RY CO:lIP9A'1'7O7k4i\,t4CTBLNI,\'FSS 1A;7711:.Vi7T:-0F1.7,0RILl4: CivicPlus, LLC (Na me of roreign Limited Lmbdiv, Company. must include "LtmacdLiabilityCompany."'L.L.C.,-or"LI.C.") t If name urm%nitnhlc, enter alternate nano adopted for the purpose of transacting Mains in Florida the alternate name must include-I.itrwed t.uMLty Cotul=a , -L L C:' or "LLC.") Kansas 48-1202104 ( ,m tetton order the law a w hich mcign tatrt uh,hryr mtttrsntty n rrganvc ) (F.1 , t spp tcable) Upon Filing 06124/2019 4. I Dwc au Iranwc1Cd hustncsr to l`da. tf poor [o regtstnuon.) (sec tech. 605.09(k A 605.0905. F.S. to dererminc penal. haMLty) 302 S 4th Street, STE 500 5. (SweetA —o Pruxtpa O -I Manhattan, KS 66502 302 S 4th Street, STE 500 6. Rdni tng.4 react Manhattan, KS 66502 7. Narne and street address of Florida registered agent. (P.O. Box NOT acceptable) InCorp Smices. Inc. Nmne- 178SS 67th Court North Office Address: Loxahatchee Florida 33470 17tp code) Registered agent's acceptance: Having been named as registered agent and to accept service of process fur the ahore stwetl Iinriled Iiahilh), compue r w rheplace designared in this application. I hereby accept the appointment as registered agent and agree to act in this cupaciq•. I further agree to canrplr with the provisions of all statutes relative ro the proper and complete perfornifrnc•e of nn, druies, and 1 am fandliar with and accept the obligations c f nq position as registered agent. De5iree Young on behalf f InCorp Services, Inc_ .(Rrki�t `c�eni's silctuitue) L civicplus.com 62 8. For initial indexing purposes, list names. tide or capacity and addresses of the primary mcmherslmanagers or persons authorized to manage [up to six (6) total]: Title or Cnmacit•: Name and Address: Title or Capacity: Name and Address: Qitilanager Ward Morgan Name: ❑Manager Brian Rempe Name: �Ivlember 302 S 4th Street. Address: ❑Member Address: 302 S 41h Street, ❑Authorized STE 500 Q Authorized STE 500 Person Tvlanhaltan, KS 66502 Person Manhattan, KS 66502 ❑Other ❑Other ❑Other. ❑Other []manager Kerri Winter Name: ❑Manager Name: ❑A3cniber Address: 302 S 4th Street, ❑ Member Address: !Authorized ❑ STE 500 ❑ Authorized Person Manhattan, KS 66502 Person ^' ❑Other ❑Other ❑Other ❑Other. - • �-�y- ❑Manager Name: ❑ Manager Name: ❑Member Address: ❑ Member Address: []Authorized ❑ Authorized CA Person Person []Other ❑Other ❑Other ❑Other Important Notice: Use an attachment to report more than six (6). The attachment will be imaged for reporting purposes only. Non - indexed individuals may be added to the index when filing your Florida Department of State Annual Report form. 9. Attached is a certificate of existence, no more than 90 days old, duly authenticated by the official having custody of records in the jurisdiction under the law of which it is organized. (If the certificate is in a foreign language, a translation of the certificate under oath of the translator must be submitted) 10. This document is executed in accordance with section 605.0203 ( I ) (b), Florida Statutes. I am aware that any false inbrmation submitted in a document to the Department of Stale constitutes a third degree felony as provided for in s.817.155. P.S. Brian Rentpc SI,u' WIt., of an an II.M'dd P'—' I}pcd w p—t,d nano of q— civicplus.com 63 642112019 STATE OF KANSAS OFFICE OF SECRETARY OF STATE SCOTT SCHWAB https://www.kansas.gov/bess/Rowfmain?execution=e3s 1 1, SCOTT SCHWAB, Secretary of State of the state of Kansas. do hereby certify. that according to the records of this office. Business Entity ID Number: 2625689 Entity Name: CIVICPLUS, LLC Entity Type: DOM: UI'D LIABILITY COMPANY State of Organization: KS Resident Agent: S. WARD MORGAN Registered Office: 302 S. FOURTH STREET SUITE 500, MANHATTAN, KS 66502 was filed in this office on July 08, 1998, and is in good standing, having fully complied with all requirements of this office. No information is available from this office regarding the financial condition, business activity or practices of this entity. In testimony whereof I execute this certificate and affix the seal of the Secretary of State of the state of Kansas on this day of June 21, 2019 SCOTT SCHWAS SECRETARY OF STATE Certificate ID: 1106412 - To verify the validity of this certificate please visit https:/hvww.kansas.govibess/flow/validate and enter the certificate ID number. civicpius.com 04 Exceptions 65 Exceptions to Purchase Order Terms and Conditions 2. Acceptance and Confirmation This Purchase Greler (including a" documents attached to ar referenced herein) constitutes the en OrdeF. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purehase the Agreement signed between the Parties. 4. Shipping and Invoices d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Of Feceipt of invoices, whichever is . Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act;' and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. Notwithstanding the foregoing, Contractor will not be liable or responsible for any delay in the time or completion of the Services due to the action or inaction of County. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from material defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all third party claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. civicplus.com 66 11. Warranty of Non -Infringement b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all third party claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, , VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non -infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. Such consent shall not be unreasonably withheld. Notwithstanding the foregoing, Contractor may assiqn and transfer all of its riqhts under this Agreement by a sale of a majority of its assets or merger. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. Notwithstanding the foregoing, in the event of termination due to non -funding, County is still responsible for any invoices covering the initial protect development and deployment fees and all such amounts owed shall become due immediately. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 4-9 30 days of receipt of such notice. 0 civicplus.com 67 Exceptions to Sample Agreement 5. SALES TAX. GentFaeteF shall pay all sales, eensunqeF, use and etheF siFnil& taxes asseeiateel with the WE)F'( eF pertions thereef, which are applicable during the performance of the Work. Gollier Gounty, Florida as a political Florida Statutes, Gert*ficate of Exemption # 85 . The amounts owed for the Work exclude, and County will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity in connection with the Work (excluding taxes based solely on Contractor's income). If the County is tax-exempt, the County must provide Contractor proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by County under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then County agrees to pay for all resulting fines, penalties, and expenses. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause upon written notice to the Contractor and a thirty (30) day period to cure any default; further the County either Party may terminate this Agreement for convenience with a thirty (30) day written notice. The Geunty shall be the sele judge E)f non performance. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all third party liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Notwithstanding the foregoing, in the event of termination due to non -funding, Client is still responsible for any invoices covering the initial project development and deployment fees and all such amounts owed shall become due immediately. Strike entire section. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Gounty may require the Gontractor to remove an employee it deems careless, incompetent, civicplus.com 68 25. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from material defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. 34. KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. possible.qualifications andler experience. (2) that the Gounty is notified in writing as far in advance as The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The Gauntq Fetains final approval of proposed feplacement peFSE)nne4-. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Such consent shall not be unreasonably withheld. Notwithstanding the foregoing, Contractor may assign and transfer all of its rights under this Agreement by a sale of a majority of its assets or merger. Strike entire section. civicplus.com 69 In addition, CivicPlus would like to add the following to this agreement: Ownership & Content Responsibility Upon full and complete payment of amounts owed for Protect Development under the applicable SOW, Customer will own any website graphic designs, Services content, module content, importable/exportable data, and archived information ("Customer Content") created by CivicPlus on behalf of Customer pursuant to this Agreement. "Customer Content" also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which Customer provides to CivicPlus for processing, transmission, storage, or inputs into any website, software or module in connection with any Services. Customer Content excludes any content in the public domain and any content owned or licensed by CivicPlus. whether in connection with providina Services or otherwise. Upon completion of the Project Development, Customer will take over the management and control of the Services and Customer will assume full responsibility for Customer Content maintenance and administration. Customer. 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. Customer hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the Services. Customer represents and warrants that Customer owns all Customer Content or that Customer has permission from the riahtful owner to use each of the elements of Customer Content and that Customer has all rights necessary for CivicPlus to use the Customer Content in connection with providing the Services. Customer agrees that CivicPlus shall not be responsible or liable for the content of messages created by Customer or by Customer's Users or end -users who access Service. Notwithstanding the foregoing, CivicPlus retains the right, but not the obligation, to remove any Customer Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third -party rights. At any time during the term of the applicable SOW. Customer will have the ability to download the Customer. Content and export the data that is processed through the Services ("Customer Data'). Customer may request CivicPlus to perform the export of Customer Data and provide the Customer Data to Customer in a commonly used format, at any time, for a fee to be quoted at time of request and approved by Customer. Upon termination of the applicable SOW for any reason, whether or not Customer has retrieved or requested the Customer Data. CivicPlus reserves the right to permanently and definitively delete the Customer Content and Customer Data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW. reaardless of the reason for its termination. Customer will not have access to the Services. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software source code, documents, and materials used in performing the Services ("CivicPlus Property') will remain the property of CivicPlus. CivicPlus Property specifically excludes Customer Content. Customer shall not: A. license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; civicplus.com 70 B. adapt, alter, modify, or make derivative works based upon any CivicPlus Property; C. create internet "links" to the CivicPlus Property software or "frame" or "mirror" any CivicPlus Property administrative access on anv other server or wireless or internet-based device that may allow third -part entities, other than Customer, to use the Services; D. reverse enaineer. decomoile. disassemble. or otherwise attempt to obtain the software source code to all or any portion of the Services; E. make any attempt to gain unauthorized access to the Services and/or any of CivicPlus' systems or networks; or F. access any CivicPlus Property in order to: 1. build a competitive product or service, 2. build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or 3. copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement. Provided Customer complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Customer a limited, nontransferable, nonexclusive, non -assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud. Responsibilities of the Parties CivicPlus will not be liable for any act, omission of act, negligence, or defect in the quality of service of any carrier. licensor. or other third -party service provider whose facilities or services are used in furnishin any portion of the Service received by the Customer. CivicPlus will not be liable for anv failure of performance that is caused by or the result of anv act or omission Customer or any entity employed/contracted on the Customer's behalf. During Project Development, Customer will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner. Customer agrees that it is solely responsible for the end -user's personal data that Customer decides to solicit, or otherwise use in connection with anv Service provided by CivicPlus. Customer understands and agrees that CivicPlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data, and it is Customer's responsibility to determine whether the data it solicits and collects should be stored in such solutions. Customer understands and aarees that CivicPlus does not have knowledae or control over what type of data Customer solicits therefore CivicPlus has no responsibility for the use or storage of end -users' personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Customer or by any third party of any personal data. Customer has the sole control and responsibility over the determination of which data and information shall be included in the content that is to be civicplus.com 71 transmitted and stored by CivicPlus. Customer shall not provide to CivicPlus or allow to be provided to CivicPlus any content that: A. infringes or violates any 3rd party's intellectual property rights, rights of publicity or rights of privacy; B. contains any defamatory material: or C. violates any federal, state, local, or foreign laws, regulations, or statutes. Data Security CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data. CivicPlus will not modify Customer Data or disclose Customer Data, except: A. in order to provide the Services; B. to prevent or address service or technical problems in connection with support matters; C. as specifically directed or expressly permitted in writing by Customer; D. in compliance with our Privacy Policy: or E. if compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete, suspend, or block known malicious accounts without Customer authorization. Customer understands that CivicPlus has no obligation to provide the Services or maintain the Customer Data. information or other material if Customer's accounts are past due and unpaid as set forth in this Agreement. Limitation of Liability In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement. Warranties & Disclaimer CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Customer that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: 1. a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing: or 2. use of the Services in combination with a third -party service, web hosting service, or server not authorized by CivicPlus. civicplus.com 72 CP CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 us Quote #: Date: Expires On: Q-XXXXX-1 X/XX/XXXX 12:00 PM X/XX/XXXX Client: Bill To: CLIENT NAME, STATE Client: CLIENT NAME, STATE SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Sales Rep Name x Sales Rep Email Net 30 QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE Listrice--Year 1Total "c .XX Total Investment - Initial Term USD X,XXX.XX Annual Recurring Services - Year 2 USD X,XXX.XX Initial Term & Renewal Date 12 Months Initial Term Invoice Schedule 100% Due at Start Date Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date Renewal Invoice Schedule Annually on date of signing Annual Uplift 5% starting in Year 2 V. PD 06.01.2015-0048 Page 1 of 3 civicplus.com 73 This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal- stuff (collectively, the 'Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW. Vl to V. PD 06.01.2015-0048 Page 2 of 3 civicplus.com 74 Acceptance The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date: Authorized Client Signature By: Name Title: Date: Organization Legal Name: Billing Contact: Title: Billing Phone Number: Billing Email: Billing Address: Mailing Address: (If different from above) CivicPlus By: Name: Title: PO Number: (Info needed on Invoice (PO or Job#) if required) V. PD 06.01.2015-0048 Page 3 of 3 civicplus.com 75 Exceptions to Insurance Requirements INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits I. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at hMs:Hgp_ps.fldfs.com/bocexempt/ 2. M Employer's Liability $_500,000 single limit per occurrence 3. M Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. M Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all third party liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. M Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence CivicPlus' Tech & Cyber are under the same $5 million policy® '"bowerO $ _1,000,000 Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence M Cyber Liability $1,000,000 Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence ......................................................................................................................................................................................................................................................... 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. ......................................................................................................--..................--..................--..................--..................--................--.....................: civicplus.com 76 8. ❑ Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost home by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 /1 - 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 5/l/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. civicplus.com 77 G GRAN ICUS ORDER DETAILS Prepared By: Phone: Email: Order #: Prepared On Expires On: ORDER TERMS THIS IS NOT AN INVOICE Granicus Proposal for Collier County FL Bernadette Foley bernadette.foley@granicus.com Q-329455 06 Feb 2024 19 Jun 2025 Order Form Prepared for Collier County FL Currency: USD Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Current Subscription End Date: 19 Jun 2024 Period of Performance: 20 Jun 2024 - 18 Dec 2024 Order #: Q-329455 Prepared: 06 Feb 2024 Page 1 of 5 G GRANICUS Order Form Collier County FL PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. MW Renewing Subscription Fees Solution Period of Billing Quantity/ Annual Fee Prorated Fee Performance Frequency Unit IQM2 - Agenda & Minutes 20 Jun 2024 Monthly 1 Each $25,840.47 $12,819.94 -18 Dec 2024 SUBTOTAL: $25,840.47 $12,819.94 Order #: Q-329455 Prepared: 06 Feb 2024 Page 2 of 5 G GRANICUS PRODUCT DESCRIPTIONS Order Form Collier County FL Solution Description IQM2 - Agenda & Minutes Easily prepare for meetings, approve agenda items, generate documents, create meeting packets and capture minutes. Order #: Q-329455 Prepared: 06 Feb 2024 Page 3 of 5 G GRANICUS TERMS & CONDITIONS Order Form Collier County FL • This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product -specific terms included therein (the "License Agreement"). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-329455 dated 06 Feb 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Collier County FL to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. Order #: Q-329455 Prepared: 06 Feb 2024 Page 4 of 5 G GRANICUS BILLING INFORMATION Order Form Collier County FL Billing Contact: Purchase Order [ ] - No I Required? [ ] - Yes Billing Address: I PO Number: If PO required Billing Email: I Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-329455 dated 06 Feb 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Collier County FL Signature: Name: Title: Date: Order #: Q-329455 Prepared: 06 Feb 2024 Page 5 of 5