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HomeMy WebLinkAboutPR 19465: ICON ENTERPRISES, INC CONTRACT INTERNAL CORRESPONDENCE To: Brian McDougal, City Manager From: Fay Young, Information Technology Manager 3, , Date: July 22, 2016 Subject: Proposed Resolution No. 19465 This is a recommendation to engage Icon Enterprises, Inc., dba CivicPlus for the purpose of redesigning the City's website and for the development and hosting of a comprehensive Government Content Management System. CivicPlus is an approved vender of The Interlocal Purchasing System (TIPS/TAPS Contract number 2092613). The total cost of the three year agreement is $35,190. Annual payments will be in the amount of$11,730. In the process of reviewing companies that: could provide a comprehensive Content Management System; have a background in development systems for Governmental agencies; have a high satisfaction rate amongst cities in the State of Texas; we also engaged Vision. Though the services and features offered by Vision were comparable to those offered by CivicPlus, there was a significant difference in cost. Below is a comparison. CivicPlus Vision Length of Agreement 3 years 4 years First Year Cost 11,730 33530 Second Year Cost 11,730 8000 Third Year Cost 11,7308400 Fourth Year Cost Optional cost of$5,355 8820 should the City chooses to continue the relationship Total Agreement Cost $35,190 $58,750 P.R. NO. 19465 FY 7/22/2016 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND CIVICPLUS, OF MANHATTAN, KANSAS THROUGH TIPS/TAPS, A PURCHASING COOPERATIVE, FOR THE REDESIGN OF THE CITY'S WEBSITE, AND THE DEVELOPMENT AND HOSTING OF A COMPREHENSIVE GOVERNMENT CONTENT MANAGEMENT SYSTEM, WITH A PROJECTED BUDGETARY IMPACT OF $35,190.00, PAYABLE IN ANNUAL PAYMENTS OF $11,730.00. ACCOUNT NO. 001- 1034-515-54.00 WHEREAS, the City desires to engage the services of CivicPlus to redesign the City's website and develop and host a comprehensive government content management system; and WHEREAS, CivicPlus can provide such services; and WHEREAS, Chapter 271 of the Local Government Code allows a city, by resolution of its governing body, to participate in cooperative purchasing programs, such as TIPS/TAPS, a purchasing cooperative, as an alternative to a formal bid process; and WHEREAS, per Resolution No. 12-008,the City of Port Arthur entered into an interlocal agreement with Region VIII Education Service Center for participation in the Interlocal Purchasing System (TIPS/TAPS); and WHEREAS, CivicPlus is an Awarded Vendor through the Competitive Bidding Process of the The Interlocal Purchasing System(TIPS/TAPS); and WHEREAS, the contract with the scope of work is attached as "Exhibit A". NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That, the City Council hereby authorizes the City Manager to execute a three year contract between the City of Port Arthur and CivicPlus for the redesign of the City's website and the development and hosting of a comprehensive government content management P.R. NO. 19465 FY 7/22/2016 system, with a projected budgeting impact of$35,190 payable in annual payments of$11,730, in substantially the same form as attached hereto as "Exhibit A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of August, A.D. 2016 at a regular meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor ATTEST: Sherri Bellard, City Secretary APPROV • 'TO FORM: til V. iz= o, Ci► • ovey P.R. NO. 19465 FY 7/22/2016 APPROVED FOR ADMINISTRATION: �n iIi1b ''z' Brian McDougal Clift Williams City Manager Acting Purchasing Manager 2"A7 Faye g Information Technology Manager APPROVED AS TO AVAILABILITY OF FUNDS: Jerry Dale, Director of Finance 00\1' P.R. NO. 19465 FY 7/22/2016 Exhibit A coo Service& License Agreement Contract Information Contact Information Organization City of Port Arthur URL http://www.portarthur.net Street Address 444 4th St Address 2 Postal City Port Arthur State TX code 77641 CivicPlus provides telephone support for all trained clients from 7am—7pm Central Time,Monday-Friday(excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client.Client is responsible for ensuring CivicPlus has current updates. Emergency Contact&Mobile Phone Fay Young 409-893-5845 Emergency Contact&Mobile Phone Javier Barajas 409-549-9019 Emergency Contact&Mobile Phone Karen Poullard 409-626-1473 Billing Contact Fay Young E-Mail fay.young@portarthurtx.gov Phone 409-983-8164 Ext. Fax 409-983-8291 Billing Address 444 4th St Address 2 City Port Arthur ST TX Postal 77641 Code Sales Tax Tax ID# 746001885 Exempt# 17460018855 Account Billing Terms Annual Rep Fay Young Info Required on Invoice(PO or Job#) Contract Contact Fay Young Email fay.young@portarthurtx.gov Phone 409-983-8164 Ext. Fax Project Contact Fay Young Email fay.young@portarthurtx.gov Phone 409-983-8164 Ext. Fax CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 coo Master Services Agreement for Port Arthur,TX Master Services Agreement THIS Master Services Agreement("Agreement")is agreed to by and between Icon Enterprises, Inc., d/b/a CivicPlus("CivicPlus") and Port Arthur,Texas("Client")(jointly, "Parties")and shall be effective as of the later date of signing indicated at the end of this Agreement("Effective Date"). RECITALS WHEREAS, CivicPlus is engaged in the business of developing, marketing and selling custom community engagement platforms that include web sites,web interfaces and portals and a proprietary government content management system and associated modules; in addition to project development, design, implementation, support and hosting services; WHEREAS,Client is wishes to engage in a relationship with CivicPlus for website development and hosting services; WHEREAS,Client and CivicPlus have agreed to alter certain terms as set forth in the Agreement by this written instrument duly executed by the Parties,the modification of terms as specified in this amendment. NOW,THEREFORE,Client and CivicPlus agree as follows: Term &Termination 1. The term of this agreement shall be the later of 1 year from the Effective Date or the termination or expiration of any associated Statement of Work("SOW). 2. Either Party may terminate this Agreement or any associated SOW at the end of the Agreement term by providing the other Party with 60 days'written notice prior to the contract renewal date. 3. Unless terminated by either Party pursuant to Section 2,this Agreement will renew another 1-year term. 4. Notwithstanding the above, in the event this Agreement or any SOW is terminated, any outstanding invoices for Project Development shall become due in full and any outstanding Annual Services shall be prorated from the beginning of the renewal term to the date of termination. Statements of Work 5. CivicPlus agrees to perform services and/or produce deliverables in accordance with the Statement(s)of Work in consideration of the fees described in the same Statement(s)of Work. Multiple and successive Statement(s)of Work may be may be entered into hereto. Such Statement(s)of Work are incorporated into this Agreement by reference and subject to the terms&conditions contained herein pursuant to Section 23. Invoicing&Payment Terms 6. Invoices shall be sent electronically in the manner described in the relevant Statement of Work. Upon request CivicPlus will mail invoices and the Client will be charged a$5.00 convenience fee. 7. Payment shall be due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 2.9 percent(%)per month or$5.00,whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 8. Client allows CivicPlus to display a"Government Websites by CivicPlus" insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this Agreement assumes such perpetual permission. 9. If a client change in timeline causes CivicPlus to incur additional expenses(i.e. airline change fees), Client agrees to reimburse CivicPlus for those fees. Not to exceed $1,000 per CivicPlus resource per trip. Ownership&Content Responsibility 10. Upon full and complete payment of submitted invoices for any SOW Project Development Fees, Client will own the Customer Content(defined as website graphic designs,the page content, all module content, all importable/exportable data, and all archived information relevant to the work and deliverables of the given SOW). 11. Upon completion of any SOW Project Development, Client will assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy,quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 12. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed to be time-sensitive, such as calendar or blog content, in any project. MSA Page 1 of 3 CivicPlus•302 S.4th Street,Suite 500•Manhattan, KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.MSA.03.01.16-0000 Cp Master Services Agreement for Port Arthur,TX Intellectual Property&Ownership 13. Intellectual Property of the CivicPlus Government Content Management System (GCMS®)will remain the property of CivicPlus. 14. Client shall not(i)license, sublicense, sell, resell,transfer, assign,distribute or otherwise commercially exploit or make available to any third party the GCMS®software in any way; (ii)modify or make derivative works based upon the GCMS® software; (iii)create Internet"links"to the GCMS®software or"frame"or"mirror"any GCMS®administrative access on any other server or wireless or Internet-based device; or(iv) reverse engineer or access the GCMS®software in order to(a)build a competitive product or service, (b)build a product using similar ideas, features, functions or graphics of the GCMS® software, or(c)copy any ideas,features, functions or graphics of the GCMS®software. The CivicPlus name,the CivicPlus logo, and the product and module names associated with the GCMS®software are trademarks of CivicPlus, and no right or license is granted to use them. Indemnification c, ,!11 046i' 0 Rowed b l ek pot- Nu Qraiyl 4 (41Z 15. To the extent permitted by the law of Client's state, Client and CivicPlus shall defend, indemnify and hold the other Party v harmless, its partners, employees, and agents from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney's fees of any kind, without limitation, in connection with the operations of and installation of software contemplated by this Agreement, or otherwise arising out of or in any way connected with the CivicPlus provision of service and performance under this Agreement. This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of either party. Liabilities 16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the Client. 17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client's behalf. 18. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-users'Personal Data on the website. Client further agrees that CivicPlus has no responsibility for the use or storage of end-users' Personal Data in connection with the website or the consequences of the solicitation,collection,storage, or other use by Client or by any third party of Personal Data. 19. User logins are for designated Users and cannot be shared or used by more than one User. Client will be responsible for the confidentiality and use of User's passwords and user names. Client will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information,financial information, Client Data, and all other data of any kind contained within emails or otherwise entered electronically through the GCMS®software or under Client's account. CivicPlus will act as though Client will have sent any Electronic Communications it receives under Client's passwords, user name, and/or account number. Client shall use commercially reasonable efforts to prevent unauthorized access to or use of the GCMS®software and shall promptly notify CivicPlus of any unauthorized access or use of the GCMS®software and any loss or theft or unauthorized use of any User's password or name and/or user personal information. 20. Client shall comply with all applicable local, state,and federal laws,treaties, regulations, and conventions in connection with its use of the GCMS®software. Force Majeure 21. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God,storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civic disturbance, riot,war, national emergency,act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control. Taxes 22. It is CivicPlus'policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax-exempt,the Client must provide CivicPlus proof of their tax-exempt status, within fifteen(15)days of contract signing, and this agreement will not be taxed. If the Client's state taxation laws change,the Client will begin to be charged sales tax in accordance with their jurisdiction's tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes. MSA Page 2 of 3 CivicPlus•302 S.4'^Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.MSA.03.01.16-0000 CMaster Services Agreement for Port Arthur, TX Other Documents 23. The following are to be attached to and made part of this Contract: a. Exhibit A-Statement(s)of Work; 24. In the case of any conflict between the terms of this Agreement and any incorporated documents, such conflicts shall be resolved will the incorporated documents taking the following order precedence: a. This Master Services Agreement; b. Exhibit A-Statement(s)of Work in descending order of execution(for example, the most recent SOW will control over other in the event of a conflict in terms). Interlocal Purchasing Consent 25. This Agreement and any attached SOWs may be extended to any public entity in the State of Texas to purchase at SOW prices in accordance with the terms stated herein. Miscellaneous Provisions 26. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 27. No amendment or change to this Agreement or any included SOW shall be effective unless by a written instrument executed by each of the Parties. Acceptance We,the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms&conditions of this Agreement. Client Date CivicPlus Date Sign and E-mail the entire contract with exhibits to: Contracts(@CivicPlus.com We will e-mail a counter-signed copy of the contract back to you so we can begin your project. CivicPlus does not require a physical copy of the contract,however,if you would like a physical copy of the contract,mail one(1)copy of the contract with original signature to: CivicPlus Contract Manager 302 S.4"'Street, Suite 500 Manhattan, KS 66502 Upon receipt of signed original,we will counter-sign and return the copy for your files. MSA Page 3 of 3 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.MSA.03.01.16-0000 C p Exhibit A.1 for Port Arthur,TX Exhibit A.1 - CivicPlus Statement of Work#1 All Quotes are in US Dollars and Valid for 30 Days from July 15, 2016 Project Development and Deployment • First Year Annual Services (Initial GCMS®upgrades, maintenance, support and hosting) • Server Storage not to exceed 25 GB • Services and Deliverables as described in Addendum 1 $24,990 • Premium suite of modules, as described in Addendum 2 • All desired pages of content migration from http://www.portarthur.com/ • Ongoing recurring 48-month redesign, as described in Addendum 3 • 3 Days Virtual Webinar Implementation Training Project Enhancements • 2 Days Onsite Consulting Included • CivicMedia including 10 GB additional storage • ePayments—2.95% ($65,000 commitment) Total Fees Year 1 $24,990 Annual Services (Continuing GCMS®Enhancements, Maintenance, Support and Hosting) $5,100 Billed 12 months from SOW signing;subject to annual 5%increase year 4 and be and Total Annual Services $5,100 At the request of Client, CivicPlus agrees to redistribute their standardized pricing as follows: CivicPlus Advantage 1St Year 2nd Year 3rd Year Annual Investment Payments $11,730 $11,730 $11,730 Client may terminate contract at the end of 36 months or select from options available in Term 2 of the Terms&Conditions 1. Performance and payment under this SOW shall be subject to the terms&conditions of the Agreement by and between Client and CivicPlus, to which this SOW#1 is hereby attached. 2. This SOW#1 shall remain in effect for an initial term of three years(36 months)("the SOW#1 Initial Term")from signing. In the event that neither party gives 60 days' notice to terminate prior to the end of the initial or any subsequent renewal term, this Agreement will automatically renew for an additional 1-year Renewal Term. 3. Invoicing shall begin upon the date of signing of this SOW#1 as detailed in CivicPlus Advantage Annual Investment Payments. Subsequent Annual Investment Payments shall be invoiced on the dates of signature of their respective calendar years. 4. Renewal Term Annual Services shall be invoiced on the date of signature of relevant calendar years.Annual services, including but not limited to hosting, support and maintenance services, shall be provisioned in accordance with Addendum 4 to this SOW#1 and shall be subject to a 5%annual increase beginning in Year 4 of service. 5. After forty-eight(48)months of continuous service, Client is entitled to a no-cost redesign, details noted in Addendum 3. Redesigns that include additional features not available on the original website may be subject to additional charges. Additional features include, but are not limited to, additional modules and integration of third-party software. 6. The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a$5.00 convenience fee. Exhibit A.1 Page 1 of 6 CivicPlus•302 S.4th Street,Suite 500•Manhattan, KS 66502-www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.CPA03.01.165-0001 • C p Exhibit A.1 for Port Arthur,TX Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Client Date CivicPlus Date Exhibit A.1 Page 2 of 6 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.CPA03.01.165-0001 C p Exhibit A.1 for Port Arthur,TX Addendum 1 to Exhibit A.1 - Project Development Division of Work Kick-Off Deliverable: Project Timeline, training jump start information, online forms, kick-off meeting CivicPlus will: Client will: • assign a project manager to this project • complete the following prior to Phase 1:Website • conduct a Project Kick-off to review awarded Optimization Form, Content Form, and DNS Worksheet contract • review and approve of project timeline within 5 • establish communication plan for the duration of the business days project effort • attend a kick-off meeting with key stakeholders or • work with Client to identify all key internal and decision makers external project stakeholders • if modifications are required after the review of the • develop project timeline initial project timeline, Client has 10 business days to address the modifications and come to a consensus • provide access to CivicPlus University(online • approve the project timeline(limited to two reviews) training manuals, videos and other resources)for the Client staff prior to proceeding with the project • update the current primary live website content and delete any pages from the website that are no longer wanted or needed Phase 1:Website Optimization Deliverable: Website Optimization Meeting CivicPlus will: Client will provide: • communicate status to Client, key stakeholders and • statistics from the current website from the past 12 personnel via emails or phone calls as needed months(optional) • review the goals and expectations submitted on the • pictures to be used in the overall design of the new forms Client completed to ensure Client needs are website clearly understood • a list of all divisions and/or departments within the • gather preliminary design data for use organization • a list of third-party and in-house developed applications presently being utilized on the current website • a site map or outline of the current website's navigational structure if possible • a list of any content on the current primary website that must remain as is(verbatim)because of legal requirements Phase 2:Website Layout Deliverable: Website grayscale layout and mood board color pallet presentation CivicPlus will: Client will: • present one custom layout in grayscale form and one • approve one layout and the mood board mood board color palette based on the goals • review marketing packet material and guidelines determined in the previous phase. The presented • Website Layout billing milestone complete layout will show the placement of the navigation, graphic button and feature areas.The mood board will reflect the color and imagery that will represent the tone of the design • begin development of the website design upon layout and mood board approval Exhibit A.1 Page 3 of 6 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502-www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.CPA03.01.165-0001 C p Exhibit A.1 for Port Arthur,TX Phase 3:Website Reveal Deliverable:Website design and production website. CivicPlus will: Client will: • present a fully functional website on a production • evaluate the website design and content and provide URL CivicPlus with feedback • migrate content pages to the production UR as • collaborate with CivicPlus on proposed changes described in Exhibit A.1 Statement of Work. • revise the design according to the approved timeline • conduct a quality review of the website to ensure the • if revised design changes are requested after the functionality and usability standards are met design approval timeline date,the project's Go Live • work with Client to prepare for training date will be adjusted out(training and billing • migrate Agendas&Minutes in Microsoft Word.DOC milestones will remain as per approved timeline) or Adobe PDF format as described in Exhibit A.1 • provide CivicPlus will all the necessary DNS items Statement of Work. identified for the website Phase 4: Implement Training(See Exhibit A.1 Statement of Work for details) Deliverable:Train System Administrator(s)on GCMS®Administration. permissions, setting up groups and users, module administration. Basic User training on pages, module entries, applying modules to pages. Applied use and usability consulting to result in effective communication through your website. CivicPlus will: Client will: • provided training to Client before the website goes • provide a location for training in Client with internet live access • train staff members based on internal daily tasks • provide computers for staff to be trained on and workflow • Phase 4: Training billing milestone complete • train staff members on how to use the GCMS®, update content pages and modules Phase 5: Go Live Deliverable: Custom website launched to the public. CivicPlus will: Client will: • address system issues and bugs that Client finds • test and update the final site as per approved timeline • redirect the domain name to the newly developed • notify CivicPlus on any system issues or bugs found in website as per approved timeline the website Exhibit A.1 Page 4 of 6 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.CPA03.01.165-0001 C Exhibit A.1 for Port Arthur, TX Addendum 2 to Exhibit A.1 — Modules & Functionalities Project Development and Deployment Includes the Following: Modules Functionality • Agenda Center • Action Items Queue • Alerts Center& Emergency Alert Notification • Audit Trail/History Log • Archive Center • Automated PDF Converter • Bid Postings • Automatic Content Archiving • Blog • Dynamic Breadcrumbs • Business/Resource Directory • Dynamic Sitemap • Calendar • Expiring Items Library • Citizen Request TrackerTM(7 users) • Graphic Link Administration • Community Connection • Links Redirect • Community VoiceTM • Menu Management • Document Center • Mouse-over Menu Structure • ePayment Center(NOTE: Requires additional fee as • Online Editor for Editing and Page Creation(WYSIWYG) a third-party service) • Online Web Statistics • Facilities&Reservations • Printer Friendly/Email Page • Frequently Asked Questions • RSS ▪ Forms Center • Site Layout Options • Job Postings • Site Search& Entry Log • My Dashboard • Slideshow ▪ News Flash • Social Media Integration (Facebook. Twitter, Instagram) • Notify Me®email and 500 SMS subscribers • User&Group Administration Rights • Photo Gallery • Web Page Upload Utility • Quick Links • Website Administrative Log • Real Estate Locator • Spotlight • Staff Directory Exhibit A.1 Page 5 of 6 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.CPA03.01.165-0001 C p Exhibit A.1 for Port Arthur, TX Addendum 3 to Exhibit A.1 - Redesign Details CivicPlus Project Development Services & Scope of Services for CP Basic Redesign • New design for all items originally contracted for(main site, department headers and subsites) • Redevelop banner • Redevelop navigation method(may choose top drop-down or other options) • Design setup-wireframe • Redevelop graphic elements of website(Newsflash, FAQs, Calendar, etc.) • Project Management • Testing • Review • Content Migration—Includes retouching of all existing published pages to ensure proper formatting, and application of new site styles. Note: Content will not be rewritten, reformatted or pages broken up(shortened or re-sectioned) • Site styles and page layouts will be touched so all pages match the new design and migrate cleanly • Spelling and broken links will be checked and reported if unable to correct Exhibit A.1 Page 1 of 6 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502-www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.CPA03.01.165-0001 C • Exhibit A.1 for Port Arthur, TX Addendum 4 to Exhibit A.1 — Hosting, Support and Service Level Agreement Hosting Details Data Center • Highly Reliable Data Center • Managed Network Infrastructure • On-Site Power Backup&Generators • Multiple telecom/network providers • Fully redundant Network • Highly Secure Facility • 24/7/365 System Monitoring Hosting • Automated GCMS®Software Updates • Server Management& Monitoring • Multi-tiered Software Architecture • Server software updates &security patches • Database server updates&security patches • Antivirus management&updates • Server-class hardware from nationally recognized provider • Redundant firewall solutions • High performance SAN with N+2 reliability Bandwidth • Multiple network providers in place • Unlimited bandwidth usage for normal business operations (does not apply in the event of a cyber attack) • 22 Gb/s burst bandwidth • Emergency After-hours support, live agent(24/7) • On-line status monitor at data center • Event notification emails Disaster Recovery • Guaranteed recovery TIME objective (RTO)of 8 hours • Guaranteed recovery POINT objective (RPO)of 24 hours • Pre-emptive monitoring for disaster situations • Multiple data centers • Geographically diverse data centers DDoS Mitigation • Defined DDoS Attack Process • Identify attack source • Identify type of attack • Monitor attack for threshold engagement Addendum 4 Page 1 of 4 CivicPlus•302 S.4th Street,Suite 500•Manhattan.KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.SLA03.01.16-0001 C p Exhibit A.1 for Port Arthur, TX Support and Maintenance • Support Services CivicPlus'on-site support team is available from 7:00 am to 7:00 pm CT to assist clients with any questions, concerns or suggestions regarding the functionality and usage of CivicPlus'GCMS®and associated applications.The support team is available during these hours via CivicPlus'toll-free support number and e-mail. Support personnel will respond to calls as they arrive(under normal circumstances, if all lines are busy, messages will be returned within two hours; action will be taken on e-mails within four hours), and if Client's customer support liaison is unable to assist, the service escalation process will begin. Emergency support is available 24-hours-a-day for designated, named Client points-of-contact,with members of both CivicPlus' project management and support teams available for urgent requests. Emergency support is provided free-of-charge for true emergencies(ie:website is down, applications are malfunctioning, etc.),though Client may incur support charges for non- emergency requests during off hours(ie: basic functionality/usage requests regarding system operation and management). The current discounted rate is$175/hour. CivicPlus maintains a customer support website that is accessible 24-hours-a-day with an approved client username and password. Service Escalation Processes In the event that CivicPlus'support team is unable to assist Client with a request, question or concern, the issue is reported to the appropriate CivicPlus department. Client requests for additional provided services are forwarded to CivicPlus'Client Care personnel. Client concerns/questions regarding GCMS®or associated application errors are reported to CivicPlus'technical team through CivicPlus'issue tracking and management system to be addressed in a priority order to be determined by CivicPlus'technical team. All other requests that do not meet these criteria will be forwarded to appropriate personnel within CivicPlus'organization at the discretion of the customer support liaison. Included Services: Support Maintenance of CivicPlus GCMS® 7 a.m. —7 p.m. (CST)Monday—Friday Install Service Patches for OS (excluding holidays) System Enhancements 24/7 Emergency Support Fixes Dedicated Support Personnel Improvements Usability Improvements Integration Integration of System Enhancements Testing Proactive Support for Updates& Fixes Development Online Training Manuals Usage License Monthly Newsletters Routine Follow-up Check-ins CivicPlus Connection Addendum 4 Page 2 of 4 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.SLA03.01.16-0001 C' Exhibit A.1 for Port Arthur, TX CivicPlus Service Level Agreement CivicPlus will use commercially reasonable efforts to make the GCMS®available with a Monthly Uptime Percentage(defined below)of at least 99.7%, in each case during any monthly billing cycle(the"Service Commitment). In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Monthly Uptime Percentage" is calculated by subtracting from 100%the percentage of minutes during the month in which the CGMS, was"Unavailable."Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion(defined below). • "Unavailable"and"Unavailability"mean: o The HTML of the home page of the site is not delivered in 10 seconds or less 3 times in a row when tested from inside our network and returns a status of 200. o The Main page of the site returns a status other than 200 or 302 3 times in a row. • A"Service Credit" is a dollar credit, calculated as set forth below,that we may credit back to an eligible account. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you(excluding one-time payments such as upfront payments)for the month accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.7% 1%of one month's fee We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from CivicPlus.A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement,your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the service is the receipt of a Service Credit(if eligible)in accordance with the terms of this SLA. Credit Request and Payment Procedures To receive a Service Credit, you must submit a claim by opening a case with Support.To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: 1. the words"SLA Credit Request"in the subject line; 2. the dates and times of each Unavailability incident that you are claiming; 3. the affected Site domains; and 4. Any documentation that corroborate your claimed outage. If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment,then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us.Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of GCMS®, or any other GCMS®performance issues: (i)that result from a suspension; (ii)caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CivicPlus; (iii)that result from any actions or inactions of you or any third party; (iv)that result from your equipment, software or other technology and/or third party equipment, software or other technology(other than third party equipment within our direct control); (v)that result from any maintenance as provided for pursuant to the Client Agreement; or(vi)arising from our suspension and termination of your right to use the GCMS®in accordance with the Client Agreement(collectively,the"SLA Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation,then we may issue a Service Credit considering such factors at our discretion. Addendum 4 Page 3 of 4 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.SLA03.01.16-0001 C, Exhibit A.1 for Port Arthur, TX Disaster Recovery Feature Service Commitment CivicPlus will use commercially reasonable efforts to make insure that in the event of a disaster that make the Primary data center unavailable(defined below)Client site will be brought back online at a secondary data center(the"Service Commitment"). In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Datacenter availability"is determined by inability to provide or restore functions necessary to support the Service. Examples of necessary functions include but are not limited Cooling, Electrical, Sufficient Internet Access, Physical space, and Physical access. • A"Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. • Recovery Time Objective(RTO)is the most anticipated time it will take to bring the service back online in the event of a data center event. • Recovery Point Objective(RPO)the amount of data lost that is considered acceptable. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you(excluding one-time payments such as upfront payments)for the month accordance with the schedule below. Recovery Time Objective Service Credit Percentage 8 Hours 10%of one month's fee Recovery Point Objective Service Credit Percentage 24 Hours 10%of one month's fee Addendum 4 Page 4 of 4 CivicPlus•302 S.4th Street,Suite 500•Manhattan,KS 66502•www.CivicPlus.com Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 V.SLA03.01.16-0001