AGENDA REPORT
Meeting Date: August 15, 2023
Item Number:
To: Honorable Mayor and City Council
From: Keith Sterling, Deputy City Manager
David Schirmer, Chief Information Officer
Cynthia Owens, Municipal Affairs Program Manager
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVICPLUS, LLC FOR WEBSITE DESIGN AND HOSTING
SERVICES; AND
APPROPRIATION OF $50,486.00 FROM THE INFORMATION
TECHNOLOGY FUND FOR EXPENSES RELATED TO WEBSITE
DESIGN AND HOSTING SERVICES IN FISCAL YEAR 2023-2024.
Attachment: 1. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVICPLUS, LLC FOR WEBSITE DESIGN AND HOSTING
SERVICES
RECOMMENDATION
Staff recommends the City Council approve the five-year agreement with CivicPlus, LLC for website design and hosting services in a total not to exceed amount of $106,254.71 and appropriate $50,486.00 from the Information Technology Fund in Fiscal Year 2023- 2024 (FY 23-24) for these services.
DISCUSSION
The City’s Information Technology Department has worked diligently to keep pace with changing technologies and present a user-friendly online presence. As technology continues to evolve and with even more demand for mobile use, a redesigned City website will allow for a more contemporary and dynamic experience. Additionally, the City’s current Content Management System (CMS) was developed over 10 years ago and requires updating.
BEVERLW
HILLS
i
Meeting Date: August 15, 2023
In February 2022, the City of Beverly Hills requested proposals from qualified companies to provide design, content management system, development, implementation, and hosting services for the City’s website. The City received 16 qualified responses.
Members of the City’s Website Steering Committee consisting of then-Mayor Lili Bosse, Councilmember John Mirisch, residents, business owners, and City staff were asked to review and evaluate the proposals through an online survey.
On October 14, 2022, and based on the results of the survey, the Website Steering Committee met to receive presentations from three finalists (360 Civic, Revize and CivicPlus). Without a clear majority of support, the vendors were asked to prepare a second presentation with details more specific to the needs of the City of Beverly Hills.
On February 3, 2023, the Website Steering Committee held a second meeting where the three vendors provided additional information on their company’s unique services.
Following a robust discussion and a second online feedback survey, CivicPlus was selected as the preferred vendor.
According to the company’s website, CivicPlus “builds technology solutions designed to foster positive and powerful civic experiences.” The company serves over 12,000 customers with notable municipal clients across the country and here in Southern California including the City of Anaheim.
If approved, CivicPlus would commence a project initiation phase in September 2023 and receive direct input from the Website Steering Committee and the Beverly Hills community throughout the redesign process. A completely redesigned City of Beverly Hills website is expected to launch in early 2024.
FISCAL IMPACT
The FY 23-24 costs of $50,486.00 for this agreement covers the initial website design and hosting services. Staff is requesting the City Council appropriate this amount from the Information Technology Fund reserves for these expenses in FY 23-24 as shown below
Department Organization – Object
Code
Amount
Information Technology 41001501-850000-00334 $50,486
Total $50,486
For FY 24-25, Civic Plus has quoted $12,939.00 for the ongoing annual costs for maintenance and operations support. Per Civic Plus’s quote, this amount automatically increases by five percent per year, hence the agreement total not to exceed amount is $106,254.71 for five years. A budget enhancement request will need to be submitted by IT for the FY 24-25 costs associated with the ongoing annual costs.
Keith Sterling,
Deputy City Manager
Approved By
Attachment 1
1 B0785-0001\2814037v5.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVICPLUS, LLC FOR WEBSITE DESIGN AND HOSTING
SERVICES
NAME OF CONTRACTOR: CivicPlus, LLC
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Solomon Grover, Account Executive CONTRACTOR’S ADDRESS: 302 4th Street, STE 500
Manhattan, KS 66502
Attention: Solomon Grover, Account
Executive
CONTRACTOR’S E.I.N/TAX I.D. NO.: 48-1202104
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City
Manager
COMMENCEMENT DATE: July 1, 2023
TERMINATION DATE: June 30, 2028
CONSIDERATION: Not to exceed:
Fiscal Year (“FY”) 2023/2024: $50,486.00
FY 2024/2025: $12,939.00
FY 2025/2026: $13,585.95
FY 2026/2027: $14,265.25
FY 2027/2028: $14,978.51
Total Not to Exceed: $106,254.71
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 2 B0785-0001\2814037v5.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVICPLUS, LLC FOR WEBSITE DESIGN AND HOSTING
SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and CivicPlus, LLC (hereinafter called “CONTRACTOR”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.
NOW, THEREFORE, the parties agree as follows:
Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work.
Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B.
(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses.
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(c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. Such consent shall not be unreasonably withheld.
Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.
Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
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(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Cyber and Technology Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONTRACTOR agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) CONTRACTOR shall inform CITY within thirty (30)_days of any change or material alteration to the insurance policies under this Agreement. (g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 5 B0785-0001\2814037v5.doc
Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any third party claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) Either Party shall have the right to terminate this Agreement for any reason or for no reason upon sixty calendar days’ written notice to the other Party. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by either Party, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.
CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 6 B0785-0001\2814037v5.doc
creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 7 B0785-0001\2814037v5.doc
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
a Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
CONTRACTOR: CIVICPLUS
AMY VIKANDER
Sr. VP Client Success
COLE CHEEVER
Sr. VP Operations
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
KEITH STERLING
Deputy City Manager
DAVID SCHIRMER
Chief Information Officer
____________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 8 B0785-0001\2814037v5.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall provide the following services to the satisfaction of CITY:
Create and deliver at least three (3) website design concepts for CITY to review based on the timeline in Attachment 1 to Exhibit A, incorporated herein and attached hereto, which includes all of the following elements and details:
Website shall be aesthetically professional and consistent graphic design elements for a new website that provides ease of resources to users;
CONTRACTOR shall redesign and improve CITY website’s search function to allow users to more easily navigate and more efficiently locate desired information and services to ultimately promote community support and engagement. This shall include Search Engine Optimization “SEO” and predictive searches;
CONTRACTOR shall provide effective design(s) and buildout(s) of a back-end system(s) usable by both CONTRACTOR and CITY staff. This shall allow for ease of future website management including updates and maintenance to add new pages, documents, images, and other site modules;
Website shall be compatibility with current CITY data/systems (including but not limited to Granicus) to effectively conduct digital governmental business needs; The future website shall have the ability to seamlessly migrate data from CITY’s current website;
The future website shall provide for consistency among different computer browsers as well as mobile devices;
The future website shall adhere to all current and future Americans with Disabilities Act compliance guidelines;
The future website shall have extensive and user-friendly language translation options; The future website shall have the ability to support videos and other complex media; The future website shall provide analytics for tracking website traffic and other metrics; The future website shall contain nodules and pages including, but not limited to:
o Overall site map,
o Drop menu controls,
o Quick links,
o Surveys,
o Forum submittal,
o Calendaring capabilities,
o Mapping (including Geographic Information Systems “GIS”), o Mirrored content,
o Contact directories,
o Voting/election information, and
o Frequently Asked Questions (“FAQ”);
The future website shall be a platform which allows users to create a username and password and store information and preferences to their profiles; The future website shall be capable of extensive compatibility and interfacing with social media programs including, but not limited to Facebook, Instagram, Twitter, and Tik Tok; The future website shall contain a system which allows for the secure processing of payments;
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 9 B0785-0001\2814037v5.doc
The future website shall include all necessary security and confidentiality features, which can be updated as new technology threats arise; and
CONTRACTOR shall create a beta version of the website for four (4) to six (6) weeks, during final testing, before the new page is live.
CONTRACTOR shall provide the following hosting services and customer support:
General ongoing maintenance and operations support;
Adequate bandwidth with no charges for over usage;
Maintenance and/or downtime scheduled outside of normal business hours, with at least seven (7) days advance notice to CITY;
The website shall be continually monitored for outages and broken links. CONTRACTOR shall provide notifications to CITY as necessary;
A reliable and tested full backup system with recovery services; Comprehensive training to relevant CITY staff web authors to provide the necessary education to update the website. CITY staff web authors should be able to update the website without outside support;
A warranty on all services for one-year following implementation; Telephone support with a two-hour response time from 7:30 AM to 5:30 PM PT Monday through Thursday and 8:00 AM – 5:00 PM PT on Fridays;
Emergency telephone support with a four-hour response time from 5:31 PM to 7:29 AM PT Monday through Thursday, 5:31 PM Thursday to 7:59 AM PT on Friday, and from 5:01 PM PT on Friday through 7:29 AM on Mondays. CONTRACTOR shall also provide this same four-hour response time on all holidays recognized by CITY. This includes, but is not limited to:
o New Year’s Day
o Martin Luther King Day
o President’s Day
o Memorial Day
o July 4th
o Labor Day
o Veterans Day
o Thanksgiving
o The Day After Thanksgiving
o Christmas
o Any Monday or Friday that is adjacent to Veterans Day, Christmas, or New Year’s Day o Any other holiday CITY may establish during the term of this Agreement Attendance at all project management meetings;
Attendance at City Council meetings as needed for introduction of the new website to the City Council; and
Provision of written status reports to CITY when requested by CITY II. INFECTIOUS DISEASE
A. CONTRACTOR shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
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C. CONTRACTOR shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 11 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 ATTACHMENT 1 TO EXHIBIT A
TIMELINE
Beverly Hills CA I CivicEngage Ultimate SAMPLE
Project Phase Name
INITIATE
Project Task Name Task Description
CivicEngage completes administrative
Project Initiation work to prepare for project.
Calculated
" 2023
Consulting
Engagement
CONSULTING - Virtual Coordination
Project Kickoff
INITIATE Meeting
CONTENT Site Map Creation
Planning &
INITIATE Scheduling
Client - Project
INITIATE Timeline Approval
ANALYZE Client - Deliverables
Website Content
CONTENT Review
Design Discovery
ANALYZE Meeting
Mood Board &
ANALYZE Layout Creation
Client - Mood Board
ANALYZE & Layout Approval 7/17/2023 7/21/2023
Lil
7/17/2023 7/n2023
Consultant delivers product consulting. 7/24/2023 10/13/2023 Client submits Layout & Mood Board
Approval Form.
CivicEngage meets with client to provide
overview of content development
process and assign tasks for content
preparation.
CivicEngage meets with client to discuss
design preferences and strategy.
CivicEngage prepares layout and mood
board.
Consultant will review documentation
and connect with client to discuss
Consulting schedule, logistics and
technology requirements to prepare for
engagement. Consultant completes
internal coordination for engagement. 6/12/2023
CivicEngage meets with client to set
expectations for website
implementation process and assign
Client Deliverables.
CivicEngage creates site map
documenting existing website. 6/23/2023
CivicEngage coordinates project timeline I
and resources. 6/19/2023 6/23/2023
Client submits Project Timeline Approval
Form. 6/19/202 30/2023
Client submits deliverables as outlined.
6/19/,202¥ 23
CivicEngage conducts review of existing �-----
website. 6/26/2023 6/30/2023
Content Process
Meeting
Consulting
CONSULTING - Virtual Engagement
CONTENT
12 B0785-0001\2814037v5.doc
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CONTENT
Client reviews and updates existing
website in preparation for content
development. *Updates must be made
Content Preparation prior to due date to be included in and Updates Content Implementation.
8/7g/202- 3 8/11/2023
8/14 2 ,,18 2023
Design
Creation/Prep/Setup CivicEngage creates design concept
Quality Control- CivicEngage performs quality review of Design/Setup Design Concept.
Client reviews and updates existing
website in preparation for content
development.
*Updates must be made prior to due
Content Change date to be included in Content
CONTENT Tracking Implementation.
Content
Implementation Web Content Specialist will prepare
�2023
CONTENT Setup project for content implementation.
CivicEngage meets with client to review
Design Concept design concept in working production
DESIGN & CONFIGURE Meeting environment. 8/21/2023 8/25/2023 Content Content Team will apply content
CONTENT Implementation service. 8/21/2023 9/22/2023
Client submits Design Concept Approval
Form. *Formal approval must be
received by due date of this task.
Submit requested changes to design as
soon as possible. Allow five business
Design Concept days from request to receive completed
DESIGN & CONFIGURE Approval changes. 8/28/2023 9/1/2023 Client will complete the DNS Worksheet
to provide details needed to complete
setup of website domain.
OPTIMIZE DNS Form http://civicplusdemo.com/dnsform 9/4/2023 9/15/2023 Client will gather requirements for
Custom IdP Custom ldP Integration setup as
Integration detailed in the Custom IdP Integration tel CUSTOM IDP Requirements documentation.
Systems Engineer and client will ensure
Custom IdP Custom IdP Integration relying party
CUSTOM IDP Integration Setup trust is setup and complete testing. s/iron, »rho»
DESIGN & CONFIGURE
DESIGN & CONFIGURE
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CUSTOM IDP
Custom ldP
Integration
Activation
Systems Engineer and client will activate
ca arm«cat» ~.% Sm%»
10/6/2023
10/13/2023
10 /2023
I
Additional setup completed in IdP,
groups created in ldP, the Platform and
application, and settings configured on
the Platform and web application.
CivicEngage reviews completed work on
production website. 1
9/2023 9/2,2023
Systems Engineer will prepare domain
name transfer or setup according to the
specifications in the submitted DNS
Worksheet.
Project Manager will work with client to
ensure an SSL Certificate is obtained
DNS Configuration
prior to launch.
Testing instructions from Systems
Engineer are completed and a
determination is made whether the
Custom ldP Testing service is working as expected.
Final Content Report CivicEngage creates Final Content
creation Report. 1o/yo23
Website Reveal CivicEngage meets with client to present 1 Meeting completed website. 10/9/2023
CivicPlus will enable your Google
SSL Certificate
Custom ldP Group
Syncing
Quality ControlContent
OPTIMIZE
CONTENT
CUSTOM IDP
OPTIMIZE
OPTIMIZE
CONTENT
CUSTOM IDP
10/27/2023
Google Analytics
OPTIMIZE Account Creation
OPTIMIZE Website Finalization
Training
EDUCATE Engagement
AUDIOEYE AudioEye Activation
Website Launch
LAUNCH Preparation
--- Website Launch
Confirmation
LAUNCH Meeting
LAUNCH Website Acceptance
---
Analytics account on your production
site and provide the client with direct
access
Client evaluates completed website and
confirms expectations met in
accordance with contract.
Trainer delivers product training.
CivicPlus will request activation of
AudioEye on website.
Client completes final updates for
Website Launch.
CivicEngage meets with client to review
launch process.
Client submits Website Acceptance
Form.
10/o yo23
11/6/2 �/2023
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DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 LAUNCH
LAUNCH
Website Launch
Project Close
Procedures
New website is scheduled to be made
available to public with live domain
name.
CivicEngage completes administrative
tasks to transition project from
implementation to client care.
11 to/2023
1...
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EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory work performed as outlined in Exhibit A the following not to exceed amounts: Fifty Thousand Four Hundred Eighty-Six Dollars ($50,486.00) for CITY’s Fiscal Year (“FY”) 2023-2024, Twelve Thousand Nine Hundred ThirtyNine Dollars ($12,939.00) for FY 2024-2025, Thirteen Thousand Five Hundred Eighty-Five Dollars and Ninety-Five Cents ($13,585.95) for FY 2025-2026, Fourteen Thousand Two Hundred Sixty-Five Dollars and Twenty-Five Dollars ($14,265.25) for FY 2026-2027, and Fourteen Thousand Nine Hundred Seventy-Eight Dollars and Fifty-One Cents ($14,978.51) for FY 2027- 2028 for a total not to exceed amount of One Hundred Six Thousand Two Hundred Fifty-Four Dollars and Seventy-One Cents ($106,254.71) for the services outlined in Exhibit A, and Attachment 1 to Exhibit Aat the rates outlined in Attachment 1 to Exhibit B.
CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed Thousand pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.
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ATTACHMENT 1 TO EXHIBIT B
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CivicPlus
302 South 4th St Suite 500
Manhattan, KS 66502
us
Quote#:
Date:
Expires On:
Q-22654-1
2/16/2022 5:11 PM
6/30/2023
Client:
BEVERLY HILLS, CALIFORNIA
Bill To:
BEVERLY HILLS, CALIFORNIA
SALESPERSON
Solomon Grover
Phone
x7852224856
EMAIL
grover@civicplus com
DELIVERY METHOD PAYMENT METHOD
Net30
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
1.00 AudioEye Managed AudioEye Managed: (http://www.beverlyhills.org) Renewable
8.00 Virtual Content Consulting- Virtual Content Consulting 1/2 day block - CivicEngage One-time CivicEngage
1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable
1.00 Hosting & Security Annual Fee - Hosting & Security Annual Fee - CivicEngage Central Renewable CivicEngage Central
1.00 SSL Management - CP Provided SSL Management - CP Provided Only 1 per domain Renewable Only (Annually Renews)
1.00 DNS and Domain Hosting Setup DNS and Domain Hosting Setup (http:// One-time (http://URL) www.beverlyhills.org)
1.00 DNS and Domain Hosting Annual DNS and Domain Hosting Annual Fee (http:// Renewable Fee (http://URL) www.beverlyhills.org)
1.00 Ultimate Implementation - Ultimate Implementation - CivicEngage Central One-time CivicEngage Central
1.00 48 Month Redesign Ultimate 4yr Redesign Ultimate Annual - CivicEngage Renewable Annual - CivicEngage Central
750.00 Content Development - 1 Page - Content Development - 1 Page - CivicEngage One-time CivicEngage
8.00 System Training (4h, virtual) - CivicEngage System Training - Virtual, Half Day Block One-time CivicEngage
1.00 Agendas & Minutes Migration Content Migration : Agendas & Minutes - Per 100 One-time - PDF - 100 Meetings - Meetings (Approx. 1 year)
CivicEngage
V. PD 06.01 .2015-0048
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QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
1.00 Alignment Virtual Consulting Up to 2 days virtual consult. Recommended group 8 or One-time less.
1.00 CivicEngage Custom ldP Custom ldP Integration Package Custom ldP Integration Renewable Integration Package Annual Fee Custom ldP Integration Implementation Fee
1.00 CivicEngage Custom ldP Custom ldP Integration Annual Fee Renewable Integration Annual Fee
1.00 CivicEngage Custom ldP Custom ldP Integration Implementation Fee One-time Integration Implementation Fee
List Price Year 1 Total USD 121,649.00
Total Investment - Initial Term USD 50,486.00
Annual Recurring Services - Year 2 USO 12,939.00
Initial Term & Renewal Date 12 Months
Initial Term Invoice Schedule 30% invoiced on signature date and 70% invoiced 6 months from signature date or
completion of implementation, if earlier
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 3
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/legalstuff (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
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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:
Date:
PO Number: (Info needed on Invoice (PO or Job#) if required) V. PD 06.01.2015-0048
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CivicPlus Master Services Agreement
This Master Services Agreement (this "Agreement") governs all Statements of Work (SOW) entered into by and between CivicPlus, LLC (CvicPlus") and the customer entity identified on the SOW (Customer"). This Agreement governs the use and provision of any Services purchased by 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
II. 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
I. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is 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 for convenience by giving the other party thirty (30) days written notice, or at its discretion, effective 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 thirty (30) 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.
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 CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed to CivicP!us 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 CivicPlus, CivicPlus 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 civicplus.com ] 302 South 4° Street, Suite 500 ] Manhattan, KS 66502 ] 888-228-2233 B0785--000 l\2814076v5.doc
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provided in this Agreement or provided in law or equity, CivicPlus shall be entitled to retain any amounts already paid.
Sections 7, 8, 10, 14, 15, 18, 32 -34, 40, and42 will survive any expiration or termination of this Agreement.
3. At any time during the Term, CivicPlus may, immediately upon written 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.
Invoicing & Payment Terms
4. Customer will pay the amounts owed to CivicPlus 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 individual/entity designated in the SOW's contact sheet that is required lo 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, CivicPlus will mail hard-copy mvoices for a $5.00 convenience fee lo be added to the mailed invoice.
5. Each SOW will state the amount of days from dale of invoice payment is due. Unless otherwise limited by law, a finance charge of 1.5 percent(%) per month or the maximum rate permitted by applicable law, whichever is less, will be added lo past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 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, CivicPlus 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 business days' notice prior to discontinuation of Services for non-payment.
6. During the performance of Project Development, if Customer requests a change that requires repeated efforts lo previously approved work product and such change causes CivicPlus 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 lo reimburse CivicPlus for such additional expenses. CivicPlus shall notify Customer prior to incurring such expenses and shall only incur those expenses which are approved by Customer in writing.
Ownership & Content Responsibility
7. 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 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 Ci.vicPlus, whether in connection with providing Services or otherwise.
8. 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, civicplus.com I 302 South 4° Street, Suite 500 I Manhattan, KS 66502 I 888-228-2233 B0785--000 l\2814076v5.doc
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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 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 thirdparty rights.
9. 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 in writing. Upon termination of the applicable SOW for any reason, Customer wills retrieve or request the Customer Data from CivicPlus, and CivicPlus or Customer will export the Customer Data to Customer. 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.
I 0. 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 (i) 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; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet "links" to the CivicPlus Property software or "frame" or "mirror" any CivicPlus 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 CivicPlus' systems or networks; or (vi) access any CivicPlus Property in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) 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
11. 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.
12. All CivicPlus helpful information and user's guides for the Services (Documentation") are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus "Help Center". CivicPlus 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. civicplus.com ] 302 South 4° Street, Suite 500 ] Manhattan, KS 66502 ] 888-228-2233 B0785--000 l\2814076v5.doc
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13. Customer acknowledges that CivicPlus may conl!nually develop, alter, deliver, and provide to the Customer ongoing innovation to the Services, in the form of new features and functionalities. CivicP!us reserves the right to modify the Services from 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 CivicPlus the appropriate fee for the access to and use of the New Services. CivicPlus 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.
14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Customer to CivicPlus 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 CivicPlus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free rigbt and license to incorporate the Feedback in the CivicPlus products and services.
Indemnification
15. 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 rigbts. CivicP!us will pay infringement claim defense costs, CivicP!us-negotiated settlement amounts, and damages finally awarded by a cowl. CivicP!us 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 CivicP!us of any claim in writing; (ii) cooperating with CivicP!us in the defense of the claim; and (iii) granting CivicP!us sole control of the defense or settlement of the claim. The indemnification obligations of CivicP!us herein shall not apply to any claims of intellectual property infringement related to Client Content.
Responsibilities of the Parties
16. CivicPlus 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.
17. CivicP!us will not be liable for any fail we 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 CivicPlus to ensure the Project Development is completed in a timely manner.
18. 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 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 agrees that CivicPlus does not have knowledge or control over what type of data Customer solicits therefore CivicP!us 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 CivicP!us. Customer shall not provide to CivicP!us or allow to be provided to CivicPlus any content that (a) infringes or violates any 3rd party's intellectual property rights, rigbts of publicity or rigbts of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or foreign laws, regulations, or statutes.
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19. 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 CivicPlus Terms of Use; (b) be solely responsible for Customer Data; ( c) obtain and maintain during the term all necessary consents, agreements and approvals from 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 CivicPlus promptly of any known unauthorized access or use of the foregoing; (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CivicPlus Property and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Property and any loss or theft or unauthorized use of any User's password or username and/or personal information; and (f) use the Services only in accordance with applicable laws and regulations.
20. 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 CivicPlus Property.
21. CivicPlus shall not be responsible for any act or omission of any third-party vendor or service provider that Customer has selected to integrate any of its Services with.
22. Customer understands that CivicPlus 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
23. 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 Policv; or (f) 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.
24. Customer acknowledges and agrees that CivicPlus 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 party's safeguards for the protection and the security and confidentiality of Customer's Data. 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 thirdparty 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.
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25. In the event of a security breach due to the sole negligence, malicious actions, omissions, or misconduet of CivicPlus, CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law.
CivicPlus Support
26. 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 lo the online CivicPlus Help Center (civicplus.help) lo 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 (hllps:/ /www.civicplus.help/hc/en-us/requests/new).
27. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose software 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 software 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.
28. CivicPlus support hours span between the hours of 7 am lo 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 lo 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 lo 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.
29. 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.
Limitation of Liability
30. CivicPlus' liability arising out of or related lo this Agreement, or any associated SOW, will not exceed the amounts paid by Customer for the Annual Recurring Services in the year prior lo such claim of liability.
31. 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.
32. The liabilities limited by Section 31 and 33 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 maxirnwn extent permissible. civicplus.com ] 302 South 4° Street, Suite 500 ] Manhattan, KS 66502 ] 888-228-2233 B0785--000 l\2814076v5.doc
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Warranties and Disclaimer
33. 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.
34. 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, C,vicPlus 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.
35. 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 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.
36. 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
37. 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, 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. civicplus.com ] 302 South 4° Street, Suite 500 ] Manhattan, KS 66502 ] 888-228-2233 B0785--000 l\2814076v5.doc
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Taxes
38. The amounts owed for the Services exclude, and Customer will be responsible for, all sales, use, excise, withholding and any other similar laxes, duties and charges of any kind imposed by any federal, slate or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus's income). If the Customer is tax-exempt, the Customer must provide CivicPlus proof of their lax-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 lo pay for all resulting fines, penalties and expenses.
Other Documents
39. 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 mailer. 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 exlenl 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.
40. Interlocal Purchasing Consent/ Cooperative Purchasing
41. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus's sole discretion, this Agreement and any SOW may be extended lo any public entity in Customer's home-stale lo purchase al the SOW prices and specifications in accordance with the terms stated herein.
42. To the extent perm.illed by law, the terms 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, selling forth all of the terms and conditions for such use, including applicable fees and billing terms.
Miscellaneous Provisions
43. The invalidity or unenforceability, in whole or in part, of any provision of this Agreement shall nol void, affect the validity or enforceability of any other provision of this Agreement.
44. The Parties negotiated this Agreement with the opportunity lo receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not lo be used in interpreting this Agreement. As used in this Agreement, the word "including means "including but not limited to."
45. The Parties will use reasonable, good faith efforts to resolve any dispute between them in good faith prior to initiating legal action.
46. 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 lo have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electronic civicplus.com I 302 South 4° Street, Suite 500 I Manhattan, KS 66502 I 888-228-2233 B0785--000 l\2814076v5.doc
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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.
47. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from 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 terms herein, Customer must notify CivicPlus of its objection within thirty (30) days receipt of notice of such update.
48. The interpretation and implementation of this Agreement shall be governed by the domestic law of the Slate of California.
EXECUTED the day of 20_, at Beverly Hills, California.
CITY OF BEVERLY HILLS
a Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills, California
ATTEST:
_________ (SEAL)
HUMAAHMED
City Clerk
CONTRACTOR: CIVICPLUS
AMY VIKANDER
Sr. VP Client Success
COLE CHEEVER
Sr. VP Operations
[Signatures continue]
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APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:
NANCY HUNT-COFFEY
City Manager
KEITH STERLING
Deputy City Manager
DAVID SCHIRMER
Chief Information Officer
SHARON LHEUREUX DRESSEL
Risk Manager
civicplus.com ] 302 South 4° Street, Suite 500 ] Manhattan, KS 66502 ] 888-228-2233 B0785--000 l\2814076v5.doc
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Ariela inm hie «eMien
CivicPlus Privacy Policy
5 months ago · Updated
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CivicPlus (referred to as "we", "us", or "our'') takes the private nature of your personal information very seriously and we are committed to protecting your personal privacy. CivicPlus has developed this policy regarding our privacy practices ("Privacy Policy") to explain the manner in which CivicPlus may collect, use, retain, process, and share the personal information collected from users ("you", "your", or each a "User") of any of the CivicPlus solutions and associated services (each, a "Solution"; collectively, the "Solutions"), and the CivicPlus website (the Site"). The User's personal information is any information relating to an Identified or Identifiable person ("Personal Information"), such as your name, address, email address, phone number, or IP address. Personal Information does not include publicly available information, deidentified, or aggregate consumer data.
This Privacy Policy is designed to help the User obtain information about our privacy practices and to help the User understand its privacy choices when using a Solution or visiting the Site. By using the Solutions, providing Personal Information, or visiting our Site you are agreeing to this Privacy Policy and consenting to 30 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 the collection, transfer, manipulation, storage, disclosure, and other uses of your information, as described in this Privacy Policy.
CivicPlus provides the software solutions directly to our public sector customers ("Customers") to enable them to serve and perform their own governmental and business functions. As such, most of the Personal Information we collect and store Is In connection with the software and services we provide to our Customers pursuant to our contractual arrangements with them. In these cases, CivicPlus is acting as a "data custodian" only.
This Privacy Policy covers the treatment of Personal lnfonnation gathered when you are using or accessing any Solution or the Site. This Privacy Policy does not apply to the practices of third parties that we do not own or control or certain data collected by our Customers for their specific purposes and needs, as further described herein.
Important Note
Effective Date: July 1, 2020
Skip to Topics in This Article
• Customer Data
• What Personal Information Do We Collect?
• How Do We Collect, Receive, and Retain Personal Information? • How Do We Use Collected Information?
• How Do We Share Personal Information?
• How Do We Use Cookies?
• How Do We Protect Your Personal Information?
• Privacy of Children
• How Do Users Request Access to Review or Change Personal lnfonnation?
• Changes to this Privacy Policy
• Your Acceptance of this Privacy Policy
• California Residents
• Contact Us
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Customer Data
When CivicPlus makes the Solutions available for use by a Customer, we do so under a contractual arrangement with our Customer pursuant to which the Customer, not CivicPlus, makes the decisions about what Personal Information is collected and how it is processed in the Solutions. Our Customers may electronically submit Personal Information to a Solution, or solicit from you Personal Information within a 31 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 Solution, for processing and storage purposes ("Customer Data"), including, for example, information required to set up admin rights for a Customer's employees, or Personal Information collected from a Customer's resident who is using the Solution to pay for recreational programming. In these interactions, the Customer's employees or residents are "End Users".
We function as a service provider and may store or process Customer Data only for the purpose of providing the Solutions, improving the Solutions, preventing or addressing service or technical problems, or as may be required by law. If your Personal Information has been submitted to us by one of our Customers and you wish to exercise any rights you may have to access, rectify, or delete such data, please inquire with the relevant Customer directly. Since CivicPlus is the data custodian to our Customers, who are the "data owners", CivicPlus cannot modify or delete any data owned by our Customers without such Customers specific request and approval.
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What Personal Information Do We Collect?
We may collect Personal Information from Users in a variety of ways, including, but not limited to, when Users visit the Site, use a Solution, register an account on any Solution, fill out a form, and in connection with other activities, services, features or resources we make available on our Solutions. Users may register for an account within the Solutions and be asked for Personal Information, as appropriate, including name, email address, physical address, and phone number. Users may, however, visit the Solutions anonymously. Users can always refuse to supply Personal Information, except that it may prevent them from engaging in certain Solution-related activities, like registering for or obtaining the full benefit of the services provided by the Solution or receiving subscription emails.
At the request and direction of Customers, CivicPlus may collect the following categories of Personal Information:
• User-provided personal Identifying data: Most of the information we collect is information that Users input directiy when using a Solution, such as name and contact details (email, phone number, address, social media handle), physical location, and user-provided content, depending on the Solution used and how the User decides to use it.
• User-initiated information: When a User uses text messaging, email, or social media to contact or submit notifications to a Customer through any Solution, we will collect that User's phone number, email address, or social media handle, as appropriate.
• Website visitor Information: When you visit a Solution or the Site, we may collect information about your visit, depending on the Solution, such as your IP address, cookies, location, and the pages you visited and when you use the Solution, we may collect information on how you use the Solution. • Protected sensitive data: For certain Solutions, Users are asked for certain information used in relation to applying for job positions or board or committee, certain sensitive data may be collected, such as date of birth, gender, ethnicity, political party, education, job history, references, it is the sole discretion of the Customer to request or require these fields. 32 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 • Financial information: If a User decides to purchase a paid service through a Solution, the User provides financial infonnation related to your payment method including credit card number, credit card type, card expiration date, or other financial information. We do not, however, capture, store, or transmit that financial That information is provided directly to and stored by the Customer's thirdparty payment processor (the "Payment Processor"). The Payment Processor's applicable Tenns of Service and Privacy Statement govern the use and storage of that Information. Please review the CivicPlus Pay Solution's Privacy Policy (/hc/en-us/articles/1500005623942-CivicPlus-PayP-rivacyPolicy) for further details. • Applicant data: Users applying for jobs or elected or appointed seats through a Solution, may be requested to submit prior job information, such as salaries, employment history, education history, address history, employers, social security number, USCIS or alien registration number, passport number, and other application data, as well as driver's license information, as determined necessary by our Customer.
• Employee data: Users whose employers are a Customer for human resources services may be requested to submit bank account and routing numbers, dependent's names and social security number, current job title, and other information an employer may request. • Physical Image: Certain Solutions may include the ability to upload video or image files which may contain visual representations of any Users that have attended public meetings or been in a public space.
• Information related to your mobile device: We may collect and store information related to your mobile device, such as your phone number, location, or device identifier used to deliver push notifications. You will have a choice as to whether we collect and store this information.
With the exception of the Website Visitor Information, the categories of data above are collected only when certain features and uses of the Solution are procured by the CivicPlus Customer, and data collected may vary for each User depending on our Customer's use of the Solution. All data fields are voluntary for the User to fill In, unless our Customer requires certain data to be Input by the User.
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How Do We Collect, Receive, and Retain Personal
Information?
We collect most of this Personal Information directly from Users willingly inputting such infonnation, whether by webform, text, email, submission of documentation, or telephone call to our Customer.
However, we may also collect information from cookies on our Site or Solutions. We may receive Personal lnfonnatlon from third parties that Integrate with our Solutions, at the request of our Customers. We will retain Personal Information as requested and required by our Customer, with whom you share your Personal lnfonnation. We retain Personal Information indefinitely, retention depends on the type of data and the purpose for which we process the data, our Customer's subscription tenn for the Solution, open records laws, and direction for the retention or deletion of such data. We may retain Personal lnfonnation beyond the Customer relation if required by law, contract, or if it is in our legitimate business interests and not prohibited by law.
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DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 If you have created a user portal account ("Account") within a Solution which has been closed, we may take steps to mask Personal Information and other information, but we reserve our ability to retain and access the de-identified data for so long as required to comply with applicable laws.
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How We Use Collected Information
We use User information, including Personal Information, for the following business purposes.
To fulfill service obligations for our Customers
We use and process information as needed and requested by our Customers that procure the Solution in order to fulfill our Customer's need; deliver the services requested, including software updates; manage our Customer and User relationship; provide our Customers and Users with customer support, and comply with laws or regulations that apply to us and our Customers.
To personalize User experience
We may use information in the aggregate to understand how our Users as a group use the Solution, resources, and services provided on the Solution and the Site. We may use the information to perform research and analysis about Users' use of, or interest in, our Solutions, services, or content.
To improve the Solution and Site experience
We continually strive to improve our Solution and Site offerings based on the information and feedback we receive from Users. We may use the information to improve our intemal operations, systems, Solutions, and services Including benchmarking system performance and developing our products and services.
To improve customer service
User information helps us to more effectively respond to a User's customer service requests and support needs. We use the information to respond to comments and questions and provide customer service, communicate with Users and Customers about products and/or services that may be of interest.
To send periodic emails
The email address Users provide to a site will be used to respond to their inquiries, and/or other requests or questions, or to send service announcements regarding changes, notifications, or marketing information. If User decides to opt-in to our mailing list, on any Solution or the Site, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via the contact information below. 34 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 We only use Personal Information for the purposes and uses described above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original uses and purposes.
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How Do We Share Personal Information?
Except as described here or in any other applicable policy, we do not sell, trade, or rent the User's Personal Information to any third parties. We may share generic aggregated demographic information not linked to any Personal Information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above.
For our Pay solution, we work with a third-party payment processor in order to successfully complete transactions. We have preferred partner processors, with whom we have direct communication regarding the services and you contract directly with. We also work with other payment processors that are not contracted partners, at our Customer's request; we use such processor's technical documentation and instructions for creating an integration with the services.
We may share your Personal Information or other information about you with other parties to transactions when you use the Solution. In most cases, this is your local municipality with whom you are procuring services and their chosen merchant account processor and financial institutions (if making a purchase). The information is limited to Personal Information and account information necessary to facilitate the transaction.
We may share Information with our agents, vendors, service providers, and subcontractors who perform functions on our behalf, such as our customer relationship management service provider, marketing automation and analytics provider, sales development tools provider, and other similar service providers.
We may also share information with other third parties for our business purposes or as permitted or required by law, including:
• Sending non-personal information to third-party analytics service providers for monitoring the health of the Site and Solutions;
• if we need to do so to comply with a law, legal process, or regulations; • to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order, or other legal process or requirement applicable to CivicPlus; • if we believe, in our sole discretion, that the disclosure of Personal Information is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
• to protect the vital interests of a person;
• to investigate violations of or enforce a user agreement or other legal terms applicable to the Solution;
• to protect our property, the Solutions, the Site, and legal rights; • to facilitate a purchase or sale of all or part of CivicPlus' business; 35 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 • to companies that we plan to merge with or be acquired by; and • to support our audit, compliance, and corporate governance functions Please note that if CivicPlus is acquired, sold, or dissolved, its assets, including Personal Information we may possess about Users, may, In whole or In part, be sold, disposed of, transferred, divested, or otherwise disclosed as part of the transaction or proceeding. You acknowledge that such transfers may occur, and any acquirer may continue to use your Personal Information as set forth in this Privacy Policy.
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How Do We Use Cookies?
The Site and Solutions may use "cookies" to enhance the User experience. Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. The User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. The User may choose to set their web browser to refuse cookies or to alert you when cookies are being sent. If they do so, note that some parts of the site may not function properly.
We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site, and otherwise use the Solutions through the internet. Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are.
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How Do We Protect Your Personal Information?
Although we take appropriate technical and organizational measures to safeguard against unauthorized disclosures of Personal Information, we cannot guarantee that Personal Information in our possession will never be disclosed in a manner that is inconsistent with this Privacy Policy. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Personal Information at any time.
We store all our information, including Personal Information, using industry-standard techniques. We use appropriate data collection, storage, and processing practices, and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your Personal Information, usemame, password, transaction Information, and Information stored on the site, If applicable, to your use of the Site and Solution.
Sensitive and private data exchange between the Solution or Site and its Users happens over a Secure Sockets Layer (SSL) secured communication channel and is encrypted and protected with digital signatures.
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Privacy of Children
CivicPlus Solutions are not designed or intended to appeal to minors. We do not knowingly attempt to solicit or receive any information from anyone under the age of 14. If you are a parent or guardian and you are aware that your child has provided us with Personal lnfonnation, please contact us immediately. We encourage parents and legal guardians to monitor their children's mobile app and internet usage and enforce our Privacy Policy by instructing their children never to provide Personal Information to any Solution without their parental permission. If you have reason to believe that a child under the age of 14 has provided Personal Information to us, please contact CivicPlus Privacy (mailto:[email protected]), and we will work with our Customer in order to delete that information from our databases as soon as is reasonably practicable.
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How Do Users Request Access to Review or
Change Personal Information?
Users may have certain data privacy rights depending on their state of residence. If you would like to exercise any of your data privacy rights, you will need to send your request directly to the data-owning CIivicPlus Customer with whom you shared your data. Please note that verification will be required to prove your identity. CivicPlus may not disclose or delete data if an exemption or exception to deletion exists.
Please note, CivicPlus is a data custodian to its data-owning Customers, the majority of our Customers are government municipalities and may be exempt from certain laws requiring compliance with data subject rights. CivicPlus is required to have Customer approval regarding every access, rectifying, disclosing, and deletion request submitted by Users of any Solution.
If you have an Account with any Solution, you can review and edit Personal Information In the Account by logging in and updating the information directly. If you wish to edit Personal Information and are unable to do so in the Account, you may contact us, using the contact information below, and we can help you with this request, verification of identity will be required, and Customer approval may be sought in circumstances where the Personal Information is owned by the Customer.
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Changes to this Privacy Policy
We're constantly working to improve our Solutions, so we may need to change this Privacy Policy from lime to time as well. CivicPlus has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage Users to frequently check this page for any 37 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 changes to stay informed about how we are helping to protect the Personal Information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
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Your Acceptance of this Privacy Policy
By using this Site or any Solution, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Site or any Solution. Your continued use of the Site and Solutions following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.
Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.
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California Residents
For Residents of California, the California Consumer Privacy Act (CCPA) provides privacy protections to California consumers as follows:
CivicPlus does not sell your Personal Information so does not provide an opt-out page. If you are a California resident, you have the rights listed below under data protection law, to access any of the following rights you must submit a request to the data-owning Customer with whom you submitted your Personal Information. If your request is regarding data that you submitted independent of a specific dataowning customer, or if the request is with regard to our Site, please submit such a request to CivicPlus Privacy (mailto:[email protected]).
California residents are limited to two Personal Information requests per year. There is no charge to access your Personal Information; however, if you submit requests that are clearly baseless, repetitive, or excessive, CivicPlus may charge a reasonable fee for such requests; alternatively, CivicPlus reserves the right to refuse to comply with such requests. Upon receiving a valid and verified request for Personal Information, that was submitted by and approved for fulfillment by our Customer Data owner, we will respond to such a request within 45 days unless there are any extenuating circumstances, for which we will let our Customer know.
Right to know
• You have the right to request data collected about you; and • You have the right to request what data Is shared about you Disclosures provided under CCPA will identify the Personal Information collected in the previous 12 months. 38 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 Right to deletion
• You have the right to deletion of information unless an exception applies.
Right to rectify
• You have the right to correct any data collected about you that Is Inaccurate.
Right to non-discrimination
• You shall not be discriminated against for exercising any of these consumer privacy rights.
Right to use an authorized agent
• You have the right to use an authorized agent to submit a request to know or a request to delete on your behalf. Such use of an authorized agent will require:
• Your written permission to allow the authorized agent to exercise your rights • Verification of the agent's and your own identity
• We may deny a request from you or your agent if we cannot verify the identification of the individual making the request
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Contact Us
If you have any questions or concerns regarding this Privacy Policy or would like to make any requests, as detailed herein, please send a message to CivicPlus Privacy (mailto:[email protected]) Or, by writing to:
Attn: Privacy Policy Support CivicPlus, LLC
302 S. 4th Street, STE 500
Manhattan, KS 66502
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Additional Resources
• CivicPlus Master Services Agreement (https://www.civicplus.help/hc/en-us/articles/10989047390487) • CivicPlus Privacy Policy (https://www.civicplus.help/hc/en-us/articles/11080149398039) • CivicPlus Product Terms (https://www.civicplus.help/hc/en-us/articles/1 0989896380951) Was this article helpful?
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Artiles in this martin
CivicPlus's Terms of Use
3 months ago · Updated
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Important Note
Last Revised: November 2022
Skip to Topics In This Article
1. Acceptance of Terms
2. Description of Services
3. Permitted Use of the Products and Site
4. CivicPlus Privacy Policy
5. Your Obligations
6. Member Account, Password and Security
V
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DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9
7. Prohibited Use
8. Content You Provide of Post
10. Contributions to CivicPlus
11. Copyrights and Trademarks
12. CivicPlus's Proprietary Rights
13. Suspected Violation of these Terms or Law; Injunctive, Equitable Relief, and Liquidated Damages
14. Rules for Sweepstakes, Contests and Games
15. International Use
16. Downloading Files
17. Indemnity
18. No Resale of Service
19. Disclaimers; Limitation of Liability
20. General Practices Regarding Use and Storage
21. Modifications to Service
22. Termination
23. General Provisions
24. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
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1. Acceptance of Terms
CivicPlus, LLC ("CivicPlus") welcomes you. CivicPlus provides its services to "you" (or "your"), which refers to you, a user of the Site or Solution of CivicPlus, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. Please periodically review these TOU because your continued use of the Site and/or the Solutions Indicated your agreement with these TOU as modified.
You can review the most current version of the TOU at any time at on our website at http://www.civicplus.com/terms-of-use. This version was updated on November 1, 2022.
In the event there is a conflict between these TOU and any separate agreed upon terms and conditions between you and CivicPlus, such separate agreed upon tenns and conditions will govern. 41 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 By using or attempting to use the Sita or any Solution, you certify that (i} you are a resident of the United States and are at least 16 years of age, or if under the age of 16, your parent or guardian has consented to your use of the Sita or Solution, or (II} you are not a resident of the United States and are at least 18 years of or, If under 18, you have the consent of your parent or guardian (over the age of 18) to use the Sita or Solution. You also certify that you are not a parson barred from receiving the use of the Sita or Solutions under the laws of the United States or other applicable Jurisdiction. If you do not meat these requirements or, if for any reason, you do not agree with all the terms and conditions contained in this TOU, you must stop using the Sita and Solutions immediately.
2. Description of Services
CivicPlus provides various engagement solutions that facilitate communication, workflow management, and transparency between constituents and their local government (individually and collectively, the "Solution(s)"). You understand and agree that the Solutions may include certain communications from CivicPlus. such as service announcements and administrative messages, and that these communications are considered part of CivicPlus Solution registrations and/or memberships, as appropriate, and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Solutions shall be subject to the TOU. You understand and agree that the Solutions' services are provided "AS-IS" and that CivicPlus assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Solution, and that access may involve third-party fees (such as Internet service provider or airtime charges}. You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Solutions.
3. Permitted Use of the Products and Site
You may use the CivicPlus proprietary websites (individually and collectively, the "Site"), and the Information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Site Content") solely for your non-commercial, personal purposes and/or to learn about CivicPlus Solutions, products and services, and solely in compliance with these TOU. You may use the Solutions solely for the purpose for which they are provided and in compliance with the master services agreement, statement of work, and/or these TOU.
4. ClvlcPlus Privacy Polley
Your use of the Site and all Solutions is subject to CivicPlus's Privacy Policy (https://www.civicplus.helph/clen-us/articles/11080149398039-CivicPlus-Privacy-Policy). Registration Data and certain other information about you is subject to our Privacy Policy. We will not share or sell your contact information with another company without your permission, with the exception of the Authority that you are engaging with via a Solution, as described below. You understand that through your use of the Site and Solutions you consent to the collection and use (as set forth in this Privacy Policy) of this Information, including the transfer of this information to the United States and/or other countries for storage, processing and use by CivicPlus.
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DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 CivicPlus is often a channel of communication between citizens and their local government or other local authorities (collectively, referred to as "Authority(ies)"). If you interact via any Solution directly with any Authority, the contact Information you enter when you register on the respective Solution can and may be transmitted to the Authority you are attempting to contact. Your contact Information may be used as contact information for communication with that Authority. In this regard, you should consider the contact information you use to be one which you are using to communicate directly with the Authority.
5. Your Obligations
In consideration of your use of the Site and Solutions, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any Solution registration or other forms (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any Information that Is untrue, Inaccurate, not current or Incomplete, or CivicPlus has reasonable grounds to suspect that such Information Is untrue, Inaccurate, not current or Incomplete, CivicPlus has the right to suspend or terminate your account and refuse any and all current or Mure access and use of any or all the Solutions (or any portion thereof). CivicPlus is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Solutions must take responsibility to determine whether the content is appropriate for your child.
You understand that all Information, data, text, photographs, graphics, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or Authority from whom such Content originated. This means that you, and not CivicPlus, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via any Solution. With the exception of moderating for compliance of the terms herein, CivicPlus does not control the Content posted via the Solutions and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using any of the Solutions, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CivicPlus be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via any of the Solutions.
Content included within the Solutions provided by CivicPlus belongs to the Authorities from which it originated. Certain Content or information provided within or appearing on the Solutions may not reflect the most current or accurate Information, Including without limitation municipal codes, events, or contact Information. Your use and reliance on such Content and Information Is at your own risk. For confirmation of accurate information, please contact the Authority that owns the Content and information. You agree that 43 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 CivicPlus is not responsible or liable for any inaccurate Content or information provide within or appearing on each Solution. The Content and information provided on the Solutions is not intended to and does not constitute legal or professional advice and no attorney-client relationship is formed.
6. Member Account, Password and Security
You may receive an account designation upon completing any of the Solutions' registration process. You are responsible for maintaining the confidentiality of the account and your associated password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CivicPlus of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CivicPlus cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. Prohibited Use
You agree to not use any of the Solutions or the Site to:
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; • hann minors in any way;
• impersonate any person or entity, including, but not limited to, a CivicPlus official, a government official, Authority, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through any Solution;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as Insider infonnation, proprietary and confidential infonnation learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; • upload, post, email, transmit or otherwise make available any Content that publicly displays the personally identifiable infonnation of any third party; 44 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,• "pyramid schemes," or any other form of solicitation, except In those areas that are designated for such purpose; • engage in spamming, flooding, or denial of service attacks; • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; • interfere with or disrupt any Solution, Site or servers or networks connected to any Solution or Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Solutions;
• restrict or inhibit any other visitor or user from using the Site or any Solution, including, without limitation, by means of "hacking" or defacing any portion of the Site or Solutions; • intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
• "stalk" or otherwise harass another; and/or
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth In paragraphs In this Section 7.
• Use the Site or any Solution in violation of these TOU; • Use the Solutions and/or Site in violation of the terms of any applicable Acceptable Use Policy, as provided.
• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site or any Solution, or otherwise attempt to discover any source code, or allow any third party to do so; • Sell, assign, subllcense, distribute, commercially exploit, grant a security Interest In or otherwise transfer any right in, or make available to a third party, the Site Content or Solutions In any way; 45 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 • Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site or any Solution in a manner that sends more request messages to the CivicPlus servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, unless specifically permitted by CivicPlus and In accordance with any specific rate or use llmltatlons;
• Use the Site or any Solution in any manner that damages, disables, overburdens, or impairs any Site or Solution or interferes with any other party's use and enjoyment of any Site or Solution; • Mirror or frame the Site, Solutions or any part of the foregoing on any other web site or web page. • Attempt to gain unauthorized access to the Site or Solutions; • Access the Site or Solutions by any means other than through the Interface that Is provided by CivicPlus for use In accessing the Site or any Solution; • Use the Site or Solutions for any purpose or in any manner that is unlawful or prohibited by these TOU.
The foregoing actions shall constitute a material breach of these TOU. Any unauthorized use of any Site Content, the Site, or Solutions may violate patent, copyright, trademark, and other laws.
You acknowledge that CivicPlus may or may not pre-screen Content, but that CivicPlus and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Solutions. Without limiting the foregoing, CivicPlus and its designees shall have the right to remove any Content that violates these TOU, specifically those requirements listed in this Section 7. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CivicPlus or submitted to CivicPlus.
You acknowledge, consent and agree that CivicPlus may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOU;
(c) respond to claims that any Content violates the Rights of third parties; (d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of CivicPlus, its users and the public.
You understand that the technical processing and transmission of the Solutions, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 You understand that the Solutions and software embodied within each of the Solutions may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CivicPlus and/or content providers who provide content to the Solutions. You may not attempt to override or circumvent any of the usage rules embedded Into the Solution. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Solutions, in whole or in part, is strictly prohibited.
a. Content You Post or Provide.
You represent that you have all right, title, and interest to Content you post on the Solutions, Site or provide to CivicPlus, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Content, and that posting such Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Content you post is true and your own work or work you are authorized to submit, and that the Content you post does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Content you supply do not violate these TOU.
CivicPlus does not claim ownership of Content you submit or make available for inclusion on within the Solutions. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of any Solution, you grant CivicPlus the following worldwide, royalty-free and nonexclusive license(s), as applicable:
• With respect to photos, graphics, or audio you submit or make available for inclusion on publicly accessible areas of any Solution, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the respective Solution solely for the purpose for which such Content was submitted or made available.
• With respect to Content other than photos, graphics, or audio you submit or make available for inclusion on publicly accessible areas of any Solution, the perpetual, irrevocable and fully subllcensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (In whole or In part) and to Incorporate such Content Into other works in any format or medium now known or later developed. 47 B0785-0001\2814037v5.doc
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9. Links
The Site and Solutions may provide, or third parties may provide, links to other World Wide Web sites or resources. Links on the Site and the Solutions to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site or Solution. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by CivicPlus of the third party, the third-party web site, or the information there. CivicPlus is not responsible for the availability of any such web sites.
Because CivicPlus has no control over such sites and resources, you acknowledge and agree that CivicPlus is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. If you use the links to the web sites of CivicPlus affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.
You further acknowledge and agree that CivicPlus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. Contributions to CivicPlus
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CivicPlus through its suggestion or feedback webpages or via email, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information; (b) CivicPlus is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) CivicPlus shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CivicPlus may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of CivicPlus without any obligation of ClvlcPlus to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from CivicPlus under any circumstances.
11. Copyrights and Trademarks
The Site and each Solution is based on proprietary CivicPlus technology and Includes ClvlcPlus's proprietary Content and Site Content. The Site and each Solution is protected by applicable intellectual property and other laws, including trademark, trade secret and copyright laws. The Site and each Solution, including all intellectual property rights in the foregoing, belongs to and is the property of CivicPlus or its licensors (if any).
CivicPlus owns and retains all copyrights in its proprietary Content. Except as specifically permitted on the Site or any Solution as to certain CivicPlus Content, the CivicPlus Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the 48 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 Content, the Site, or any Solution, in whole or in part, by any means. Customer does not receive any right or license to use the foregoing. CivicPlus may use and incorporate into the Site or the CivicPlus Service any suggestions or other feedback you provide, without payment or condition.
The CiicPlus name, logo, trademarks and service marks and other CivicPlus product names logos and service names are trademarks of CivicPlus, LLC (the "CivicPlus Marks"). The appearance, layout, color scheme, and design of the Site are protected trade dress. Without CivicPlus's prior written permission, you agree not to display or use in any manner the CivicPlus Marks.
Pursuant to Trtle 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or any solution should be sent to CivicPlus's designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
12. CivicPlus's Proprietary Rights
You acknowledge and agree that the Site and Solutions and any necessary software used in connection with the Solutions ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by CivicPlus, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Solutions or the Software, In whole or in part.
CivicPlus grants you a personal, non-transferable and non-exclusive, revocable, limited right and license to access and use the Software on a single device in compliance with these TOU; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security Interest In or otherwise transfer any right In the Software. You agree not to modify the Software In any manner or form, nor to use modified versions of the Software, Including (without limitation) for the purpose of obtaining unauthorized access to the Solutions. You agree not to access the Solutions by any means other than through the interface that is provided by CivicPlus for use in accessing the respective Solution.
13. Suspected Violation of these Terms or Law; Injunctive, Equitable Relief, and Liquidated Damages.
Violations of these TOU, including unauthorized use of the Site or any Solution, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in CivicPlus's sole discretion, and without prior notice, CivicPlus may terminate and block your access to the Site or to any Solution, cancel your registrations, refuse to honor pending and future purchases made from all credit card accounts or online accounts ClvlcPlus believes may be associated with you, cancel a registration associated with any person acting or believed to be acting in concert with you, remove any unauthorized Content or exercise any other remedy available, if CivicPlus believes that your conduct or the conduct of any person with whom CivicPlus believes you act in concert, or the Content you provide, violates or is inconsistent with these TOU or the law, or violates the rights of CivicPlus, a customer of CivicPlus or another user of the Site and Solutions.
You agree that monetary damages may not provide a sufficient remedy to CivicPlus for violations of these TOU and you consent to injunctive or other equitable relief for such violations. 49 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 You agree that abusive use of the Site and Solutions, as defined above, causes damage and harm to CivicPlus in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the Site and Solutions. You further agree that monetary damages for abusive use of the Site and Solutions are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly, you agree that liquidated damages are warranted for abusive use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of the Site or any Solution in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1,000 during that twenty-four hour period. You acknowledge that: (a) CivicPlus has a valid interest in ensuring proper use of the Site and each Solution; (b) this provision is reasonably tailored to that purpose; and (c) that the liquidated damages amount Is a reasonable approximation of the costs and damages that CivicPlus would incur as a result of such action by you or others acting in concert with you.
CivicPlus is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these TOU or any of CivicPlus's rights. Additionally, CivicPlus reserves the right, in its sole discretion, to modify, suspend or discontinue any part of this Site or any Solution at any time, with or without notice to you. CivicPlus also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to the Site or any Solution without notice to you. CivicPlus shall not be liable to you or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.
14. Rules for Sweepstakes, Contests and Games.
In addition to these TOU, any sweepstakes, contests, games or similar promotions (collectively, Promotions") made available through the Site may be governed by specific rules that are separate from these TOU. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. CivicPlus urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy. which, in addition to these TOU, governs any information you submit in connection with such activities. To the extent such rules conflict with these TOU, such rules shall control with respect to the particular Promotion.
15. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
16. Downloading Files
CivicPlus cannot and does not guarantee or warrant that files available for downloading through the Site or any Solution will be free of infection by software viruses or other harmful computer code, files or programs. 50 B0785-0001\2814037v5.doc
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17. Indemnity
You understand and agree that you are personally responsible for your behavior on the Site and each Solution. You agree to indemnify, defend and hold harmless CivicPlus, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of Content you submit, post, transmit or otherwise make available through any Solution, your use, misuse, connection to the Solutions, or inability to use the Site, Solutions, or the Content, your violation of any rights of another, or any violation by you of these TOU.
18. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of any Solution (including your CivicPlus Solutions login), use of the solution, or access to any of the Solutions.
19. Disclaimers; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND SOLUTIONS IS AT YOUR SOLE RISK. THE SOLUTIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CIVICPLUS AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CIVICPLUS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SOLUTIONS WILL MEET YOUR REQUIREMENTS; (ii) THE SOLUTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOLUTIONS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOLUTIONS WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SOLUTIONS OR THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
CIVICPLUS OR THROUGH OR FROM THE SOLUTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
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NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CIVICPLUS IN
ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIVICPLUS AND
ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE OR ANY SOLUTION, WITH THE DELAY OR INABILITY TO USE THE SITE OR ANY
SOLUTION, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR
ANY SOLUTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE
FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN
IF CIVICPLUS OR ANY OF CIVICPLUS'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, CIVICPLUS IS DETERMINED TO
HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU
AGREE THAT THE AGGREGATE LIABILITY OF CIVICPLUS AND ITS OFFICERS, DIRECTORS,
MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
20. General Practices Regarding Use and Storage
You acknowledge that CivicPlus may establish general practices and limits concerning use of the Solutions, including without limitation the maximum disk space that will be allotted on Solutions' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access any of the Solutions in a given period of time. You agree that CivicPlus has no responsibility or liability for the deletion or failure to store any tickets/issues and other communications or other Content maintained or transmitted by any of the Solutions. You acknowledge that CivicPlus reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CivicPlus reserves the right to modify these general practices and limits from time to time.
21. Modifications to Service
CivicPlus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Solutions (or any part thereof) with or without notice. You agree that CivicPlus shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of the Solutions.
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22. Termination
You agree that ClvlcPlus may, under certain circumstances and without prior notice, Immediately terminate your CivicPlus account, and access to any Solution. Cause for such termination shall include, but not be limited to:
(a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you or the appropriate Authority (self-initiated account deletions), (d) discontinuance or material modification to any Solutions (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Solution.
Termination of your CivicPlus account and access to any Solution includes (a) removal of access to all offerings within the specific Solution, (b) deletion of your password and anonymization of all related information, files and content associated with or Inside your account (or any part thereof), and (c) barring of further use of the respective Solution.
Further, you agree that all terminations for cause shall be made in CivicPlus's sole discretion and that CivicPlus shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Solution.
23. General Provisions
(A) No Third.Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
(B) Notice
CivlcPlus may provide you with notices, Including those regarding changes to the TOU, including by but not limited to email, regular mail, postings on the Site or any Solution, or other reasonable means now known or hereinafter developed.
(C) Entire Agreement/No Waiver
The tenns of this TOU constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by CivicPlus of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
(D) Severability of Terms
If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. (E) No Right of Survivorship and Non-Transferability
53 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 You agree that your CivicPlus Solution account is non-transferable and any rights to your CivicPlus Solution login or contents within your account terminate upon your death. (F) Correction of Errors and Inaccuracies
The Content may contain typographical errors or other errors or Inaccuracies and may not be complete or current. CivicPlus therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. CivicPlus does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. (G) Choice of Law and Forum
Any and all disputes relating to these TOU, CivicPlus's Privacy Policy, your use of the Site, any Solution, or any other CivicPlus web site or the Content are governed by, and will be interpreted In accordance with, the laws of the State of Kansas, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts Kansas City, Kansas in the event of any dispute of any kind arising from or relating to these TOU, CivicPlus's Privacy Policy, your use of the Site, any Solution, any other CivicPlus web site or the Content. (H) Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any of the Solutions or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.
CivicPlus respects the intellectual property of others, and we ask our users to do the same. CivicPlus may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following notice ("Notice") to the CivicPlus's Copyright Agent containing the following Information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed; • a description of where the material that you claim is infringing is located on the site; • your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
54 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or Intellectual property owner's behalf.
CivicPlus's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [email protected]
The section tides in the TOU are for convenience only and have no legal or contractual effect.
Supplemental Articles
• CivicPlus Master Services Agreement (https://www.civicplus.help/hclen-us/articles/10989047390487) • CivicPlus Product Terms (https://www.civicplus.help/hc/en-us/articles/10989896380951) • CivicPlus Privacy Policy (https://www.civicplus.help/hc/en-us/articles/11080149398039) Was this article helpful?
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02021 CivicPlus I Contact Support (/he/en-us/requests/new) I Manage Email Preferences (https://Www.clvlcplus.com/update--emall-preferences) 55 B0785-0001\2814037v5.doc
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Claims of Copyright Infringement
4 months ago· Updated
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• Digital Millenium Copyright Act (DCMA) Notices
• Contact CivicPlus
• Submission of Notification
• Receipt of Notification
• Counter Notification
• Receipt of Counter Notification
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56 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 Digital Millennium Copyright Act (DMCA} Notices
CivicPlus respects the intellectual property rights of others, and we ask our users to do the same. CivicPlus may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' Intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on CivicPlus's website, please provide the following information to CivicPlus's Copyright Agent.
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Contact CivicPlus
The ClvlcPlus Copyright Agent for notice of claims of copyright infringement on or relating to CivicPlus's website (https://www.civicplus.com/) ("Notifications") can be reached either by sending an e-mail to CivicPlus's Copyright Agent (mailto:[email protected]) or by sending a letter via U.S. Mail to:
CivicPlus, LLC
302 S 4th Street, STE 500
Manhattan, KS 66502
Attn: DMCA Notice
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Submission of Notification
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that Is allegedly Infringed ("Complaining Party");
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CivicPlus to locate the material;
4. Information reasonably sufficient to permit CivicPlus to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly 57 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 infringed.
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Receipt of Notification
Upon receipt of the written Notification containing the information as outlined in Submission of Notification items 1 through 6:
1. CivicPlus will remove or disable access to the material that is alleged to be infringing;
2. CivicPlus will forward the written notification to such alleged infringer (the "Alleged Infringer");
3. CivicPlus will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
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Counter Notification
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to CivicPlus's Copyright Agent that includes substantially the following:
1. A physical or electronic signature of the Alleged Infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before ii was removed or access to it was disabled;
3. A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material lo be removed or disabled;
4. The Alleged infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which CivicPlus may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
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Receipt of Counter Notification
Upon receipt of a Counter Notification containing the infonnation as outlined in Counter Notification items 1 through 4 above:
1. CivicPlus will promptly provide the Complaining Party with a copy of the Counter Notification; 58 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9
2. CivicPlus will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. CivicPlus will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided CivicPlus's Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in Infringing activity relating to the material on CivicPlus's network or system.
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Additional Resources
• CivicPlus's Website Terms of Use (https://www.civicplus.help/hc/en-us/articles/11124413337495) • Master Services Agreement (https://www.civicplus.help/hc/en-us/articles/10989047390487) • CivicPlus Privacy Policy (https://civicplushelp.zendesk.com/hc/en-us/articles/11080149398039) • Digital Millennium Copyright Act (DMCA) Government Website (https://digital.gov/resources/digitalmillennium-copyright-act) Was this article helpful?
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02021 CivicPlus [ Contact Support (/hclen-us/requests/new) ] Manage Email Preferences (https://www. civicplus com/update email-preferences) 59 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 CE ~,@ncten-us/signin?return_to=https%3A%2F%2Fwwow.civicplus.help %.2rhc%2Fen- (/hc/en- us%2Farticles%2F 1167 4823051927-Municipal-Websites-CivicEngage-Central-Platinumus) € CIVICPLUS
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Municipal Websites (CivicEngage) Central
Platinum Security Hosting and Support
4 months ago · Updated
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Hosting Details
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Hosting
• Automated Municipal Websites 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 a nationally recognized provider • Redundant firewall solutions
• High-performance SAN with N+2 reliability
60 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 • Multiple network providers in place
Bandwidth
• Unlimited bandwidth usage for normal business operations (does not apply in the event of a cyber attack)
• 45 GB/s burst bandwidth
• Emergency After-hours support, live agent (24/7)
• On-line status monitor at a data center
• Event notification emails
Disaster Recovery
• Guaranteed recovery TIME objective (RTO) of 2 hours
• Guaranteed recovery POINT objective (RPO) of 1 hour
• Pre-emptive monitoring for disaster situations
• Multiple data centers
• Geographically diverse data centers
• Defined DDoS Attack Process
• Identify the attack source
• Identify the type of attack
• Monitor attacks for threshold engagement
DDoS Mitigation • DDOS Advanced Security Coverage
• Continuous DDoS mitigation coverage
• Content Distribution Network support
• Proxy server support
• Live User Detection service
• Highly Reliable Data Center
• Managed Network Infrastructure
• On-Site Power Backup & Generators
Data Center • Multiple telecom/network providers
• Fully redundant Network
• Highly Secure Facility
• 24/7/365 System Monitoring
Support and Maintenance
Support Services
ClvlcPlus' on-site support team Is available from 7:00 am to 7:00 pm CT to assist customers with any questions, concerns, or suggestions regarding the functionality and usage of CivicPlus' Municipal Website solution and associated applications. The support team is available during these hours via CivicPlus' tollfree 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 four hours; action will be taken onemails within four hours), and if the Customer'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 Customer 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:
61 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 website is down, applications are malfunctioning, etc.), though Customer 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 the Customer with a request, question, or concern, the issue is reported to the appropriate CivicPlus department. Customer requests for additional provided services are forwarded to CivicPlus' Customer Care personnel. Customer concerns/questions regarding the Municipal Website solution 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 the CivicPlus Municipal
Website solution
7 a.m. -7 p.m. (CST) Monday --Friday
(excluding holidays)
Install Service Patches for OS
24/7 Emergency Support
System Enhancements
Dedicated Support Personnel
Fixes
Usability Improvements
Improvements
Integration of System Enhancements
Proactive Support for Updates & Fixes
Integration
Testing
Online Training Manuals
Development
Monthly Newsletters
Usage License
Routine Follow-up Check-ins
CivicPlus Connection
CivicPlus Service Level Agreement
CivicPlus will use commercially reasonable efforts to make the Municipal Website solution available with a Monthly Uptime Percentage (defined below) of al least 99.9%, In each case during any monthly billing cycle (the "Service Commitment"). In the event CivicPlus does not meet the Service Commitment, you will be eligible lo 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 website was "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion (defined below). 62 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 • "Unavailable" and "Unavailability" mean:
• 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. • The Main page of the site returns a status other than 200 or 302 3 times in a row. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the month (beginning with the first full month of service) in accordance with the schedule below.
Monthly Uptime Percentage
Less than 99.9%
Service Credit Percentage
1% of one month's fee
We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from CivicPlus. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the service is the receipt of a Service Credit (if eligible) In accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by opening a case with Support. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
1. the words "SLA Credit Request" in the subject line;
2. the dates and times of each Unavailability incident that you are claiming;
3. the affected Site domains; and
4. Any documentation that corroborate your claimed outage.
If the Monthly Uptime Percentage of such a 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. 63 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension, or termination of the Municipal Website solution or any other Municipal Website solution performance issues:
1. that result from a suspension;
2. 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;
3. that result from any actions or inactions of you or any third party;
4. 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
5. arising from our suspension and termination of your right to use the Municipal Website solution 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.
Disaster Recovery Feature Service Commitment
CivicPlus will use commercially reasonable efforts to insure that in the event of a disaster that make the Primary data center unavailable (defined below) Customer site will be brought back onllne 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 datacenter 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
64 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 2 Hours 10% of one month's fee
Recovery Point Objective Service Credit Percentage
1 Hour 10% of one month's fee
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02021 CivicPlus [ Contact Support (/hc/en-us/requests/new) ] Manage Email Preferences (https://www. civicplus com/update email-preferences) 65 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 [
~,a@clen-us/sigrin7return_to=htpe63A%2F%2Fwwow.ci cplos.help%2rhc%2Fen- (/hc/en- us%2Farticles%2F 11674697051927-Municipal-Websites-CivicEngage-Central-Standardus) Hosting-and-Support) c CIVICPLUS
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Support and Maintenance
Support Services
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CivicPlus' on-site support team is available from 7:00 am to 7:00 pm CST to assist customers with any questions, concerns, or suggestions regarding the functionality and usage of CivicPlus' Municipal Website solution and associated applications. The support team is available during these hours via CivicPlus' tollfree 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 four hours; action will be taken on emails within four hours), and if the Customer's customer support liaison is unable to assist, the service escalation process will begin.
66 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 Emergency support is available 24 hours a day for designated, named Customer points-of-contact, with members of CivicPlus' support teams available for urgent requests. Emergency support is provided free of charge for true emergencies (le: website Is down, applications are malfunctlonlng, etc.), though Customer may Incur support charges for non-emergency requests during off hours (le: basic functionality/usage requests regarding system operation and management). The current discounted rate is $200/hour.
CivicPlus shall notify Customer if a support request falls outside the included after-hours emergency support coverage prior to incurring such hourly rate.
CivicPlus maintains a customer support website that is accessible 24 hours a day with an approved customer usemame and password.
Service Escalation Processes
In the event that CivicPlus' support team is unable to assist Customer with a request, question or concern, the Issue Is reported to the appropriate CivicPlus department.
Customer requests for additional provided services are forwarded to CivicPlus' Customer Care personnel.
Customer concerns/questions regarding the Municipal Website solution 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 ClvicPlus' organization at the discretion of the customer support liaison.
Included Services:
Support Maintenance of CivicPlus Municipal Website Solution 7 am -7 pm (CST) Monday- Friday (excluding Install Service Patches for OS holidays) System Enhancements
24/7 Emergency Support Fixes
Usability Improvements Improvements
Integration of System Enhancements Integration
Proactive Support for Updates & Fixes Testing
Monthly Newsletters Development
Routine Follow-up Check-ins Usage license
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Municipal Websites {CivicEngage) Terms
1 month ago· Updated
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• General Municipal Website (CivicEngage) Terms
• Evolve
• CivicPlus (CP) Mobile
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General Municipal Website (CivicEngage) Terms
Due to the multiparty dependency of Project Development, CivicPlus will not migrate, convert, or port content or information that could reasonably be construed as time-sensitive, such as calendar or blog content, during Project Development.
The Customer allows CivicPlus to display a "Government Websites by CivicPlus" insignia, and a web link at the bottom of the completed web pages. The Customer understands that the pricing structure provided under this Statement of Work "SOW' assumes such perpetual permission.
Evolve
CivicPlus is not responsible for any act or omission of any third-party vendor or service provider that the Customer has selected to Integrate the Municipal Website Evolve services with.
If the Customer's Services include Process Automation and Digital Services (CivicOptimize) (https://www.civicplus.help/hc/en-us/articles/10991039980439), the terms for such Services, set forth in the Process Automation and Digital Services section (/hclen-us/articles/10991039980439) shall apply.
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CivicPlus Mobile App
The Customer is responsible for the registration and account management of the Customer's app account on the respective distribution platform (App Store, Google Play). CivicPlus may manage the Google Play distribution platform. CivicPlus, in Its sole discretion, may transfer management and ownership responsibilities to Customer or an approved third party of any mobile app platform used by Customer after providing thirty (30) days' written notice to Customer of such change.
If the Customer desires to use the App Store, the Customer is responsible for the set up the Apple Developer Account as follows:
1. Set up an Apple Developer Account
2. Identify CivicPlus and OneBlink as a developer on the account
3. Work with CivicPlus Implementation team to customize the App Store descriptions, settings and content.
4. Work with CivicPlus Implementation team to update the App Store descriptions, settings and content.
5. If the Customer identifies as a non-profit organization, Apple will waive the annual fee. However, if the Customer is identified as a for-profit organization and must pay the annual fee, the payment must be 70 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 set up to auto-renew. CivicPlus shall not manage the Customer account. CivicPlus shall only use the Customer's Apple Developer Account to deploy the Customer's CivicPlus Mobile App.
6. If the Customer receives emails or requests from Apple regarding the Customer's Apple Developer Account, it is the Customer's responsibility to respond directly to Apple. In the event the communication specifically involves the deployment of the CivicPlus Mobile App, the Customer shall immediately forward such communication to CivicPlus to ensure the CivicPlus Mobile App remains live and up-Iodate.
The Customer represents that it has all intellectual property rights in any the Customer data and content to be added to the Services. It is solely the Customer's responsibility to seek the permission of any third-party data and/or content owner used by the Customer.
The Customer understands that the hosting for the Services are provided by the app distribution platform and not CivicPlus. CivicPlus shall not be Hable for any downtime of the Services provided to the Customer.
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Design Center Pro
If the Customer's use of the Design Center Pro module results in a loss in website or software function or other issue requiring CivicPlus resources to remedy, the Customer will be charged CivicPlus's standard hourly rate at such time for such resources.
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CivicPlus Pay / Process Automation Pay / Pay
CivicPlus Pay Services enables the Customer to receive online credit card payments for certain services or products the Customer provides via the Customer websites or recreation management system supported by CivicPlus. As such, through the Services, CivicPlus facilitates an automated process for redirecting credit card payments to the Customer's chosen payment gateways / merchant account processors ("Gateway").
For card payments, CivicPlus will redirect any payments processing to the Customer's Gateway, and the Gateway presents the payment form page and processes the card payment. CivicPlus does not transmit, process, or store cardholder data and does not present the payment form. CivicPlus implements and maintains Payment Card Industry (PCI) compliant controls for the system components and applications that provide the redirection services only.
The Customer will enter Into a merchant account agreement with a Gateway provider that Is within ClvlcPlus's network of Integrated Gateways. ("Integrated Partner"). Such agreement's terms and conditions will solely enure to the benefit and obligation of the Customer; CivicPlus shall not be a party to such agreement. CivicPlus will facilitate contact between the Customer and the selected Integrated Partner for contracting purposes and shall integrate the Integrated Partner's Gateway system into the Customer's Services. The Customer agrees to assume responsibility for ensuring execution of a Gateway contract with 71 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 the Customer's select Gateway provider, to comply with all terms and conditions of such contract, and pay all fees required to maintain the services. The Customer acknowledges that the fees set forth in the applicable SOW do not include any transaction, processing, or other fees imposed by the Customer's Gateway.
The Customer is solely responsible for their relationship with their selected Gateway. In no event will ClvicPlus:
1. take part in negotiations,
2. pay any fees incumbent on the Customer or merchant account, or
3. acquire any liability for the performance of services of any chosen Gateway, including those Integrated Partners.
The Customer acknowledges switching to a different Gateway after signing this SOW may incur additional fees and require a written and signed modification to this SOW. The Customer shall continue to be responsible for negotiating and executing any Gateway agreement as described herein for any additional Gateway changes. The Customer understands and agrees that CivicPlus is not liable for any failure of service or breach of security by any Gateway provider selected by the Customer, whether such provider is an Integrated Partner or not.
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Chatbot
The Customer understands that the Chatbot Services are not intended to collect, and CivicPlus discourages the Customer from soliciting and collecting, any personally identifiable information ("PIl"), protected health information ("PHI"), payment card industry information ("PCI") or any other financial data from its users. CivicPlus cannot monitor and control the Customer's actions; therefore, in the event the Customer solicits and stores any PII, PHI, PCI, or other financial data, it is at the Customer's sole discretion and risk. The Customer as the data owner, and not CivicPlus, is solely responsible for the applicable laws and regulations regarding any data breach involving such data, including breach notification and credit monitoring requirements.
The Customer understands that the Services must crawl over the Customer's entire site and scrape information for succassful performance. The Customer shall be solely responsible for obtaining permission from any third party whose content may be crawled and/or scraped by the usage of the Services. In no event shall CivicPlus be liable to the Customer or any third-party, for any claim, action, liability, or damages, arising out of or related to the Services crawling over and/or scraping any third-party system and/or content.
The cost of the Services listed in the applicable SOW is for one domain, limited to ten crawled websites, if the Customer requires more domains or crawled websites, the Customer should reach to the Customer's designated CivicPlus representative.
CivicPlus and/or its partners shall have the right to collect and analyze data and other information relating 72 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning the Customer data and data derived therefrom), and CivicPlus and/or its partners will be free (during and after the term hereof) to:
1. 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, and
2. disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
CivicPlus shall not be responsible or liable for the content of messages created by the Customer, or by endusers who access the Service.
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Recurring Redesign
Starting after continuous service for the period of months explicitly stated In the Recurring Redesign line item on the applicable SOW {the "Redesign Term"), the Customer shall be entitled to receive a website redesign at no additional cost. The Customer may initiate the website redesign any time after completion of a Redesign Term. Upon the initiation of an eligible redesign project, the Customer may begin accumulating eligibility towards a subsequent redesign after continuous service of a subsequent Redesign Term.
Redesigns that include additional features not purchased on the original website SOW may be subject to additional charges.
Additional features Include, but are not limited to, additional modules and Integration of third-party software.
Recurring Redesigns are eligible for the website, subsite, and department headers encompassed in the Customer's website at the time of recurring redesign was purchased or included in the applicable SOW in which the redesign was purchased. Any subsequently purchased website, subsite, and department header may be included in the Customer's redesign at an additional fee.
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Encrypted Forms
The Customer acknowledges and understands use of the Encrypted Forms Services is contingent on a current, valid subscription of CivicPlus' Platinum Hosting & Security upgrade for the CivicPlus Municipal Websites (CivicEngage), and that any termination or suspension of such Platinum Hosting & Securtty upgrade shall likewise immediately terminate or suspend the use of the Encrypted Forms.
The Customer is responsible for the updating and accuracy of their public-facing privacy policy.
The Customer acknowledges that any forms to be used in the Services must be created in the Encrypted Forms module, and such forms cannot be unencrypted or exported to unencrypted modules. 73 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 CivicPlus strongly recommends the Customer completes a Privacy Impact Statement (PIA), which shall detail the Customer's privacy practices and policies surrounding the use of, and any data stored within or collected by the Services. The Customer further warrants appropriate employees will be adequately trained on the use and deployment of the Services.
The Customer and CivicPlus each Jointly acknowledge that for the duration of the applicable SOW, CivicPlus shall serve as the "Data Custodian" and is solely responsibility for the appropriate security controls, including safe custody, transport, and storage of data. The Customer shall serve as the "Data Owner, and is solely responsible for the operational and privacy specific controls, including data collection, content, context, and use. Notwithstanding the foregoing, the Customer acknowledges that CivicPlus cannot detect or prevent unauthorized individuals accessing any CivicPlus system through use of valid login credentials as set up by the Customer. The Customer has sole responsibility for maintaining the security of such log-in credentials, and assigning and defining roles and permission to each individual end-users.
The Customer acknowledges that due to the nature of the encryption employed in the Services, CivicPlus staff are unable to access any data submitted or stored within the Services.
The Customer understands and agrees that the Services are not intended to collect or store any credit card information, or related identifiable or financial information and that the Customer shall not collect or store any such information in the Encrypted Forms. For the sake of clarity, the Encrypted Forms are not Payment Card Industry Data Security Standards (PCI DSS) or Health Insurance Portability and Accountability Act (HIPAA) compliant, and the Customer shall not use It for PCI DSS or HIPAA purposes.
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Supplemental Articles
• CivicPlus's Master Services Agreement (https://www.civicplus.help/hc/enus/articles/10989047390487) • CivicPlus Privacy Policy (https://www.civicplus.help/hc/en-us/articles/11080149398039) • CivicPlus Product Terms (https://www.civicplus.help/hc/en-us/sections/11726451593367) Was this article helpful?
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California Consumer Protection Act (CCPA}
Compliance
Updated: 1 month ago
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CivicPlus®'s Compliance with the CCPA
ClvicPlus values Its partnerships with those clients located In California and Is committed to complying with the California Consumer Protection Act (CCPA)
(https://oag.ca.gov/system/files/attachments/press releases/CCPA%20Fact%20Sheet%20%2800000002%
29.pf). As such, CivicPlus does not sell any client or end-user data.
Compliance with Individual Data Requests
CivicPlus has established processes to respond to all CCPA requests from our clients. Please note, however, that since our clients, and not CivicPlus, are the Data Owners per the terms of the CCPA, we cannot respond directly to requests from our clients' Data Subjects (citizen end-users). 75 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 Your Municipality's Role in Responding to Data
Subject Requests
To accommodate Data Subject requests In compliance with CCPA, we will direct all Incoming Data Subject requests to the appropriate municipal representative. In these instances, the municipal Data Owner is responsible for determining whether or not to respond to a Data Subject's CCPA-related request. As part of this determination process, we highly recommend that you discuss the following scenarios with your legal counsel:
• As a public entity, is your municipality required to comply with the request? • Are there any applicable state or local laws that preempt or limit your ability to comply? • Have you validated the Identity of the requesting Data Subject? How CivicPlus Will Support CCPA Data Requests
If a Data Owner elects to respond to a Data Subject request, CivicPlus will:
• Provide the Data Owner with all the data ClvlcPlus maintains on the Data Subject • Delete all the data CivicPlus maintains on the Data Subject upon request • Correct all the data CivicPlus maintains on the Data Subject upon request To request one of the aforementioned actions, please email your request to the CivicPlus Privacy Team (mailto:[email protected]). You will receive an instructive response from the CivicPlus Privacy Team to which we ask that you reply within ten days with the following information:
• The product sulte(s) of Interest to the matter (CivicEngage@, CivicRec@, CiicClerk@, CivicHR@, Ci cReady8, CiicOptimizeTM, CP ConnectTM, SeeCllckFlx); • Your specific data request, including:
• The data subject's name and email address
• Confinnation that you have verified the data subject's identity • If there are any affiliated entities whose data we should search (for instance, if you represent a county with a Parks and Recreation department whose data we should review, please explicitly state each affiliated entity)
• The specific action to be taken with the data:
• Access and provide comprehensive data related to the Data Subject • Delete all data related to the Data Subject
• Correct any data related to the Data Subject
In most instances, CivicPlus will complete your CCPA-related request in 45 days. We will need up to 90 days to complete:
• Any compounded requests (e.g., a request to access data and a secondary request to delete the Identified data)
• Any request related to CivicReady or CivicOptimize Productivity, as we must work with third-party service providers and partners to complete the request. 76 B0785-0001\2814037v5.doc
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 If you and your municipal administration elect to comply with CCPA requests, please know that you will also be responsible for submitting requests to all third-party service providers whose software Integrates with your CivicPlus solution and within which the Data Subject's information may reside. If you have questions as to whether a third-party software integrates with your solution, please contact your CivicPlus client success manager.
For more information, please refer to CivicPlus' Privacy Policy (https://www.civicplus.com/privacy-policy).
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EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following inde mnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: 67669829-9072-4293-A2AD-B8F8A9F55AF9 Certificate Of Completion
Envelope Id: 6766982990724293A2ADB8F8A9F55AF9 Status: Sent Subject: CivicPlus Website Design and Hosting Services - DocuSign - Source Envelope:
Document Pages: 77 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Cindy Owens
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
8/9/2023 9:53:02 AM
Holder: Cindy Owens
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Deborah Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 173.196.193.107
Signed using mobile
Sent: 8/9/2023 10:00:00 AM
Viewed: 8/9/2023 10:43:42 AM
Signed: 8/9/2023 10:44:03 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Amy Vikander
[email protected]
Sr. VP of Customer Success
CivicPlus
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.6.123.178
Sent: 8/9/2023 10:44:05 AM
Viewed: 8/9/2023 12:43:08 PM
Signed: 8/9/2023 12:43:22 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cole Cheever
[email protected]
Senior Vice President of Operations
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.6.123.178
Sent: 8/9/2023 10:44:05 AM
Viewed: 8/9/2023 11:19:29 AM
Signed: 8/9/2023 11:34:46 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Schirmer
[email protected]
cio
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.165
Sent: 8/9/2023 12:43:24 PM
Viewed: 8/9/2023 1:28:27 PM
Signed: 8/9/2023 1:30:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
DocuSign
Signer Events Signature Timestamp
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 8/9/2023 12:43:24 PM
Viewed: 8/9/2023 1:29:11 PM
Signed: 8/9/2023 1:29:26 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 8/9/2023 12:43:24 PM
Viewed: 8/9/2023 3:08:53 PM
Signed: 8/9/2023 3:09:02 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 8/9/2023 3:09:04 PM
Viewed: 8/9/2023 3:15:21 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold, M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/9/2023 10:00:00 AM
Payment Events Status Timestamps