Request for Proposal for
Region 14 Education Service Center
For
Software and SaaS Solutions
RFP #39-20
Response Submitted by Granicus
Proposal Contact:
[email protected]
Submitted on November 19, 2020
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To Whom It May Concern,
Thank you for the opportunity to connect with Region 14 Education Service Center (the Region) and other public agencies supported by this contract. We look forward to detailing throughout this process and proposal how we can provide a platform of products to increase the efficiency of civic engagement and move towards a true digital Region.
Granicus’ platform of digital engagement will allow the Region, and other agencies, to transition to on-line services. During current times, the public is getting used to working on-line and from their own spaces. After the dust settles, a new normal, as already seen in the UK, will be employees and the public wishing to work within the digital world.
Granicus is uniquely position with a proven platform of integrated tools to make this new normal a reality. We have the digital tools to communicate both within and outside of agencies, move workflows and public facing processes like paying student fees, to a digital format with minimal coding. We can also wrap it all within a communication network that is made for mobile access.
We look forward to being able to guide the Region and its agencies in changing the way that you connect with residents, creating better lives for more people through secure, world-class technology.
Sincerely,
Sam Morton
Sam Morton
Vice President of Sales
303-521-0052
[email protected]
Granicus' statements regarding its plans, directions, and intent are subject to change or withdrawal without notice at Granicus' sole discretion. The information mentioned regarding potential future products is not a commitment, promise, or legal obligation to deliver any material, code, or functionality. Unless otherwise stated, this proposal is valid for 180 days.
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Table of Contents
Table of Contents ....................................................................................................................... 3 Executive Summary .................................................................................................................... 5 Tab 1 - Master Agreement/Signature Form ............................................................................. 7 Signature Form ........................................................................................................................ 7 Tab 2 – NCPA Administration Agreement ................................................................................ 8 Tab 3 – Vendor Questionnaire ................................................................................................ 21 Tab 4 - Vendor Profile ............................................................................................................... 24 Tab 5 – Product and Services/Scope ..................................................................................... 34 Granicus Civic Engaement Platform .................................................................................. 35 govAccess ............................................................................................................................. 37 govService ............................................................................................................................. 39 govMeetings .......................................................................................................................... 41 govDelivery ............................................................................................................................ 43 Granicus Experience Group ................................................................................................ 45 Product Roadmap 2020 ....................................................................................................... 47 Tab 6 – References ................................................................................................................... 49 Tab 7 – Pricing ........................................................................................................................... 52 Tab 8 – Value Added Products and Services ........................................................................ 53 govAccess ............................................................................................................................. 53 govService ............................................................................................................................. 59 govMeetings .......................................................................................................................... 62 govDelivery ............................................................................................................................ 63 Granicus Experience group ................................................................................................. 65 Success Stories ....................................................................................................................... 67 Tab 9 – Required Documents .................................................................................................. 75 Clean Air and Water Act / Debarment Notice ................................................................. 75 Contractors Requirements ................................................................................................... 76 Antitrust Certification Statements ........................................................................................ 77 Required Clauses for Federal Funds Certifications ............................................................ 78 Required Clauses for Federal Assistance by FTA ............................................................... 78
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State Notice Addendum ...................................................................................................... 78
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Executive Summary
Broken customer experiences, legacy technologies, paper-based processes, and siloed departmental workflows cause frustration (and increase administrative cost) for both government employees and their customers. The COVID-19 pandemic is only making things worse.
Many of our competitors have gone to market with service-specific solutions that automate only a small portion of a city’s resident connection strategy. This traditionally forces cities to rely heavily on fragmented solutions from multiple vendors, but the Granicus Platform will show why a partnership between the Region and its agencies and Granicus can transform how they connect with residents while following the guiding principles, including:
1. Meaningful
2. Transparent
3. Respectful
4. Inclusive
5. Accessible
6. Informative
7. Responsive
8. Timely
9. Convenient
10. Continuous
Why Granicus? There is no other company with the flexibility and configurability of solutions that also has the speed of implementation and breadth of capability that we can achieve. Our solutions are purpose-built for government organizations. Our portfolio is tailored to make government employees’ lives easier. We will help the Region solve pressing challenges faced both today and well into the future.
Specifically, the Granicus Citizen Engagement Platform will unify technology systems to improve the overall resident experience, transparency and accountability, therefore increasing resident engagement. Our systems will automate back-office processes and work by internal staff.
Continue reading for a sneak peek of what is possible by partnering with Granicus.
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ELEMENTS OF THE PLATFORM
BENEFITS AND OUTCOMES
The opportunity in front of the Region’s agencies to build a true digital platform is profound. It starts with a robust CSM via govAccess and flows all the way through internal and external process to a fully integrated digital communication with GovDelivery.
In the end, the Granicus Citizen Engagement Platform is a connected platform to improve resident relationship and accountability and ensure council aids and council staff members follow through on requests from constituents.
Our solution is built for government, by government. A single platform with a single vendor will not only mean streamlining implementation, support and service, but a unique opportunity to bring to the table features that are integrated together, enhance public engagement, ensure accessibility, and continuous engagement.
We look forward to the opportunity to partner with the Region and its agencies on this endeavor.
Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
ØThe vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures
ØRespondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.
ØThe respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
¨ Renewal of Contract
ØUnless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor. ¨ Funding Out Clause
ØAny/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:
ØRetains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ¨ Shipments (if applicable)
ØThe awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
ØSince this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
¨ Payments
ØThe entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
ØAwarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.
ØPurchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.
ØPricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.
ØAll distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.
¨ Pricing
ØAll pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.
ØAll deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
ØProposals should address each of the following:
§Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§Availability of replacement parts
§Life expectancy of equipment under normal use
§Detailed information as to proposed return policy on all equipment ¨ Indemnity
ØThe awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
¨ Franchise Tax
ØThe respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
¨ Supplemental Agreements
ØThe entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. ¨ Certificates of Insurance
ØCertificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
ØIt is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
ØA protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§Name, address and telephone number of protester
§Original signature of protester or its representative
§Identification of the solicitation by RFP number
§Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
ØAny protest review and action shall be considered final with no further formalities being considered.
¨ Force Majeure
ØIf by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
ØThe term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty
¨ Prevailing Wage
ØIt shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Miscellaneous
ØEither party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
ØBecause Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).
ØThe determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
Process Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document. ¨ Contract Administration Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC. ¨ Contract Term Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years. Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Products and Services additions Ø Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP. ¨ Competitive Range Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible. ¨ Estimated Quantities Ø The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $10 - $15 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation ¨ Evaluation
ØRegion 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
ØA response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
¨ NCPA Administrative Agreement
ØThe vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
ØRegion 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
ØMultiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
¨ Past Performance
ØPast performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.
Evaluation Criteria
¨ Pricing (40 points)
ØElectronic Price Lists
§Products, Services, Warranties, etc. price list
§Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ¨ Ability to Provide and Perform the Required Services for the Contract (25 points) ØProduct Delivery within participating entities specified parameters ØNumber of line items delivered complete within the normal delivery time as a percentage of line items ordered.
ØVendor’s ability to perform towards above requirements and desired specifications.
ØPast Cooperative Program Performance
ØQuantity of line items available that are commonly purchased by the entity.
ØQuality of line items available compared to normal participating entity standards. ¨ References (15 points)
ØA minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
¨ Technology for Supporting the Program (10 points)
ØElectronic on-line catalog, order entry use by and suitability for the entity’s needs ØQuality of vendor’s on-line resources for NCPA members.
ØSpecifications and features offered by respondent’s products and/or services ¨ Value Added Services Description, Products and/or Services (10 points) ØMarketing and Training
ØMinority and Women Business Enterprise (MWBE) and (HUB) Participation ØCustomer Service
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Tab 1 - Master Agreement/Signature Form
SIGNATURE FORM
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Tab – .BTUFS Agreement
Granicus Exceptions to RFP #39-20
Tab 1 – Master Agreement General Terms and Conditions
♦Customer Support
¾The vendor shall provide timely and accurate technical advice and sales support in accordance with vendor’s Service Level Agreement as Exhibit A. The vendor shall respond to such requests within one (1) working day after receipt of the request. ♦Shipments (if applicable)
¾The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ♦Warranty
¾Vendor warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Vendor Products and Services; however, the Vendor Products and Services are provided “AS IS” and as available.
Proposals should address each of the following:
Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
Availability of replacement parts
Life expectancy of equipment under normal use
Detailed information as to proposed return policy on all equipment ♦Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract. Notwithstanding the foregoing or anything to the contrary herein, in no event shall vendor’s liability under this Agreement exceed the fees paid by the entity for the vendor products and services during the six (6) months immediately preceding the date the entity notifies the vendor in writing of a claim for direct damages.
♦Certificates of Insurance
¾Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of thirty (30)ten (10) days notice prior to any modifications or cancellation of policies. The granicus.com | [email protected] page 9
awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.
♦Supplemental Agreements
¾The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.
For the avoidance of doubt, Vendor’s End User License Agreement (“EULA”) is attached and incorporated into this Agreement as Exhibit B. All use of the vendor products shall be subject to the EULA. NCPA agrees to pass along the EULA to the entity for their review and signature and further acknowledges that vendor has no obligation to provide any entity with access to the vendor products until that entity has signed the Granicus EULA.
Tab – .BTUFS Agreement
♦General Terms and Conditions
¾The Master Agreement, Exhibit A, and Exhibit B attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.
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Denver, CO 800.314.0147 St. Paul, MN 800.314.0147 Washington, DC 800.314.0147 United Kingdom +44.0845.467.2972 Master Subscription Agreement This Master Subscription Agreement (“Agreement”) is made by and between the party procuring Granicus Products under NCPA 01-115 (“Client”) and Granicus, LLC (“Granicus”). 1. Ordering and Scope 1.1. Ordering Granicus Products. The parties will enter into a binding order, proposal or purchase document (each, an “Order”), setting forth the products and services made available to Client pursuant to NCPA 01-115 and this Agreement which may include online or cloud subscription services, on-premise software, or required equipment or hardware components (the “Granicus Products”), and may enter into statements of work (“SOW”) setting forth corresponding professional or consulting services related to the Granicus Products. The parties may execute one or more Orders or SOWs under this Agreement, each Order or SOW becoming effective when executed by both parties or upon delivery and acceptance of purchase orders referencing the Order or SOW and this Agreement. Each Order and SOW will constitute a separate agreement between the parties related to the sale and purchase of Granicus Products. Each Order or SOW will generally include an itemized list of the Granicus Products as well as the Order Term for such Granicus Products. 1.2. Support. Basic support and maintenance services provided to Client for Granicus Products (“Support”) is included in the fees paid for the Granicus Product subscription or maintenance during the Term. Granicus may update its Support obligations under this Agreement, so long as the level of Support agreed to by the parties is not materially diminished due to such modification. 1.3. Future Functionality. Client acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features. 1.4. Cooperative Purchasing. To the extent permitted by law the terms of this Agreement may be extended for use by other municipalities, school districts and governmental agencies. Orders and SOWs entered into by such third parties are independent agreements between the third party and Granicus and do not affect this Agreement or any Order or SOW between Granicus and Client. 2. Use Rights 2.1. License. Subject to the terms and conditions of this Agreement, Granicus hereby grants to Client a non-exclusive, non-transferable right and license to use the Granicus Products for its internal purposes during the Term, subject to any additional rights and restrictions set forth in the applicable Order or SOW. This grant of rights is not a sale of the Granicus Products. Granicus and its third-party providers reserve all rights not expressly granted to Client in this Agreement. In addition to the license terms set forth in this Agreement, certain third-party products may be subject to additional terms and conditions, set forth in Exhibit A, below, which will apply to such third-party products in addition to the terms of this Agreement. 2.2. Use of Granicus Products. 2.2.1. Data Sources. Client may only upload data related to individuals that originates with or is owned by Client. Data purchased from third parties may not be used with the Granicus Products without Granicus’ prior written consent and list cleansing services provided by Granicus for an additional fee. Granicus will not sell, use, or disclose any personal information provided by Client for any purpose other than performing services subject to this Agreement. 2 Last modified 27/04/2021
2.2.2. Passwords. Passwords are not transferable to any third party. Client is responsible for keeping all passwords secure and all use of the Granicus Products accessed through Client’s passwords. 2.2.3. Third Party Contractors. Client may permit its third party contractors to access and use the Granicus Products solely on behalf of, and for the benefit of, Client, so long as: (i) contractor agrees to comply fully with this Agreement as if it were Client; (ii) Client remains responsible for each contractor's compliance with this Agreement and any breach thereof; and (iii) all use of the Granicus Products and any metered or transactions includes licenses and use allocated to contractors. All rights granted to any contractor terminate immediately upon conclusion of the services rendered to Client that gives rise to such right. Upon termination of such rights, contractor must immediately cease all use of the Granicus Products, un-install and destroy all confidential or proprietary Granicus information in its possession, and Client must certify its compliance with this section in writing upon Granicus’ request. 2.2.4. Content. “Content” means text, data, graphics, personal information or any other material: (i) displayed or published on Client’s website; (ii) provided by Client to Granicus to perform services; or (iii) uploaded into Granicus Products for use by Client or end users of the Granicus Products. Client can only use Granicus Products to share Content that is created by or owned by Client and/or Content for affiliated organizations provided that use by Client for affiliated organizations is in support only, and not as a primary communication vehicle for other organizations that do not have a separate license to a Granicus Product. Granicus is not responsible for any Content used, uploaded or migrated by Client or any third party. 2.2.5. Advertising. Granicus Products will not be used to promote products or services available for sale through Client or any third party without Granicus’ prior written consent. Upon Granicus’ request, Client will provide a copy of any agreement between Client and a third party that compensates Client for the right to have information included in Content distributed or made available through Granicus Products for Granicus review prior to granting such approval. 2.2.6. Granicus Subscriber Information for Communications Cloud Suite only 2.2.6.1. Data Provided by Client. Data provided by Client and contact information gathered through Client’s own web properties or activities will remain the property of Client (“Direct Subscriber”), including any personal information. 2.2.6.2. Granicus will not disclose Direct Subscriber data except as required by law, or to third parties solely as necessary to operate the Granicus Products. 2.2.6.3. Data generated by use of the Granicus Products, including system data and data derived from Content in an aggregated and anonymized form is not Direct Subscriber data and may be used by Granicus for its business purposes including product improvements and development, subject to any applicable laws governing the use and disclosure of such data. 2.2.6.4. Data Obtained through the Granicus Advanced Network 2.2.6.4.1. Communications Cloud, a Granicus Product, offers Direct Subscribers the opportunity to subscribe to digital communications offered by other Granicus clients (the “Advanced Network”). When a Direct Subscriber registers on the Advanced Network, that subscriber is a “Network Subscriber” to the agency it subscribed to through the Advanced Network. 3 Last modified 27/04/2021
2.2.6.4.2. Network Subscribers are not Direct Subscribers and are only available for use while Client is under an active GovDelivery Communications Cloud subscription. Network Subscribers will not transfer to Client upon termination of Client’s subscription, and Client must delete all information related to Network Subscribers within fifteen (15) days of expiration or termination of Client’s access to the Advanced Network. Client is permitted to send an email inviting Network Subscribers to subscribe to updates directly from Client in the last ten (10) days of Client’s subscription term. Network Subscribers that do not engage with Client directly will not be included in any subscriber list provided to Client upon conclusion of Client’s subscription. 2.3. Restrictions. Client will not: 2.3.1. Use or permit any end user to use the Granicus Products to store or display adult content, promote illegal or immoral activities, send or store infringing, obscene, threatening or unlawful or tortious material or disrupt others use of the Granicus Products, network services or network equipment, including unsolicited advertising or chain letters, propagation of computer worms and viruses, or use of the Granicus Products to make unauthorized entry into any other device accessible via the network or Granicus Products; 2.3.2. Use the Granicus Products as a door or signpost to another server; 2.3.3. Disassemble, decompile, reverse engineer or make derivative works of the Granicus Products; 2.3.4. Rent, lease, lend, or host the Granicus Products to or for any third party, or disclose the Granicus Products to any third party except as otherwise permitted in this Agreement or an Order or SOW; 2.3.5. Use the Granicus Products in violation of any applicable law, rule, or regulation, including violation of laws regarding the processing, use, or disclosure of personal information, or violation of any United States export control or regulation, United States embargo, or denied parties prohibitions; or 2.3.6. Modify, adapt, or use the Granicus Products to develop any software application intended for resale which uses or competes with the Granicus Products in whole or in part. 2.4. Client Feedback. Granicus may use any suggestion, enhancement request, recommendation, correction or other feedback provided by Client relating to the Granicus Products or use thereof without need for permission or consent or the payment of fees or attribution to Client. 3. Payment 3.1. Fees. Client will pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront according to the billing frequency specified in each Order or SOW. Granicus may suspend Client’s access to any Granicus Products if there is a lapse in payment not remedied promptly upon notice to Client. A lapse in the Term of each Order or SOW will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable value-added tax (VAT), which, if any, will be included in the invoice. 3.2. Payment. Client will remit payment of the fees due within thirty (30) days of receipt of an accurate invoice from Granicus, or if Client is subject to different payment terms imposed by applicable regulation, such required payment duration. Any disputed amounts will be identified in writing to Granicus within the payment period or be deemed accurate and payable. 3.3. Purchase Orders. Upon request, Granicus will reference a purchase order number on its invoices if Client provides the corresponding purchase order information to Granicus prior to generating the invoice. Client agrees that a failure to provide Granicus with purchase order 4 Last modified 27/04/2021
information will not relieve Client of its obligations to provide payment in accordance with this section. 3.4. Price Increases. Subject to any prices separately negotiated by the parties, Granicus will provide notice of price increases at least thirty (30) days prior to the end of the current Term, which will become effective as of the next Renewal Term. Price increases will not exceed ten percent (10%) over the prior annual Term’s fees. 4. Representations, Warranties and Disclaimers 4.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. 4.2. Warranties. Granicus warrants that it has the rights necessary to grant to Client the license granted in this Agreement, and that it will perform its obligations in a professional and workmanlike manner in accordance with industry standards. 4.3. Client represents and warrants that all Content is owned or properly licensed by Client for use with the Granicus Products or services provided under this Agreement, and that the Content does not infringe or misappropriate the intellectual property, privacy, moral or other rights of any third party. 4.4. Disclaimers. EXCEPT AS EXPRESSLY STATED IN THIS THIS SECTION 4, THE GRANICUS PRODUCTS ARE PROVIDED “AS IS” AND GRANICUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT GRANICUS PRODUCTS WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 5. Confidential Information 5.1. Confidential Information. It is expected that one party (Disclosing Party) may disclose to the other party (Receiving Party) certain information which may be considered confidential and/or trade secret information (“Confidential Information”). Confidential Information will include: (i) Granicus’ Products; (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication; and (iv) any information that should be reasonably understood to be confidential or proprietary to the Receiving Party, given the nature of the information and the context in which disclosed. (a) Subject to applicable law, each Receiving Party will receive and hold any Confidential Information in strict confidence and will: (a) protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (b) not reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not use any Confidential Information for any purpose other than in performance of this Agreement; (d) restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (e) exercise at least the same standard of care and security to protect the confidentiality of the Confidential 5 Last modified 27/04/2021
Information received by it as it protects its own confidential information, but no less than a reasonable degree of care. (b) If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance, unless such notification is prohibited by law or judicial order. 5.2. Exceptions. Confidential Information will not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was in the Receiving Party’s possession before receipt from the Disclosing Party; (iii) is rightfully received by the Receiving party from a third party without any duty of confidentiality; (iv) is disclosed by the Disclosing Party without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information; or (vi) is disclosed with the prior written approval of the Disclosing Party. 5.3. Storage and Sending. If Granicus Products will be used to store or send Confidential Information, Client will notify Granicus in writing, in advance of the storage or sending. If Client provides such notice, Client will ensure that Confidential Information is stored behind a secure firewall and that Granicus Products be used only to notify people of updates to the information, but that accessing the Confidential Information is permitted only after authentication and access through the secure firewall managed by Client. 5.4. Return of Confidential Information. Each Receiving Party will return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement, and may retain archival copies in strict confidence in accordance with Receiving Party’s standard document retention policies for the duration of any retention requirements. 5.5. Disclosing Party may be irreparably damaged if the obligations under this Section 5 are not enforced and as such may not have an adequate remedy in the event of a breach by Receiving Party of its obligations hereunder. The parties agree, therefore, that Disclosing Party is entitled to seek, in addition to other available remedies, an injunction restraining any actual, threatened or further breaches of the Receiving Party's obligations under this Section 5 or any other appropriate equitable order or decree. 6. Term and Termination 6.1. Agreement Term. This Agreement will begin on the Effective Date and continue in effect until all Orders and SOWs are expired or terminated unless otherwise terminated as provided in this Section 6. The initial term of each Order or SOW will be as specified therein (the “Initial Term”) and will automatically renew for additional one (1) year terms unless otherwise terminated as set forth below (each, a “Renewal Term”), the Initial Term and all Renewal Terms being the “Term”. 6.2. Termination. Either party may terminate this Agreement or any Order or SOW by written notice to the other party if the other party materially breaches this Agreement or applicable Order or SOW and fails to cure such breach within thirty (30) days after receipt of such notice, or such other time as agreed to in writing by the parties. Orders and SOWs may be terminated at the end of the Initial Term or each Renewal Term with ninety (90) days prior written notice to the other party. 6 Last modified 27/04/2021
6.3. Effect of Termination. Upon expiration or termination of an Order or SOW for any reason: (i) Client’s right to access and use the Granicus Products will immediately cease (except for perpetual licenses granted under an Order, which will continue to be governed by this Agreement for the duration of the license); (ii) Client will promptly remit any fees due and owing to Granicus under all Orders and SOWs; and (iii) the parties will return or destroy any Confidential Information of the other party in its possession, and certify upon request to the other party of compliance with the foregoing. 6.4. Survival. Sections 4 (Representations, Warranties and Disclaimers), 5 (Confidential Information), 6 (Term and Termination), 7 (Limitation of Liability), 9.11 (Choice of Law and Jurisdiction) and any other section that by its nature is intended to survive termination of this Agreement will survive and continue in full force and effect. 7. Limitation of Liability 7.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GRANICUS BE LIABLE FOR ANY: (I) SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (II) LOSS OR DAMAGE TO PROFITS, SALES, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2. LIMITATION OF LIABILITY. EXCEPT FOR CLIENT’S BREACH OF SECTION 2.3 OR OBLIGATION TO PAY FEES DUE, EACH PARTY’S TOTAL LIABILITY, IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR OTHERWISE RELATING TO THIS AGREEMENT AND ANY ORDER OR SOW HERETO, WILL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE FEES PAID BY CLIENT FOR THE GRANICUS PRODUCTS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. 8. Indemnification 8.1. Indemnification by Granicus. Granicus will defend, indemnify and hold Client harmless from and against all losses, liabilities, damages and expenses including reasonable attorney fees (collectively, “Losses”) arising from any claim or suit by an unaffiliated third party that the Granicus Products as delivered to Client and when used in accordance with this Agreement and the applicable SOW or Order infringes a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW (a “Claim”). 8.2. Granicus will have control of the defense and reserves the right to settle any Claim. Client must notify Granicus promptly of any Claim and provide reasonable cooperation to Granicus, upon Granicus’ request and at Granicus’ cost, to defend such Claim. Granicus will not agree to any settlement which requires acknowledgment of fault or an incurred liability on the part of an indemnified party not otherwise covered by this indemnification without indemnified party’s prior consent. Client may elect to participate in the defense of any claim with counsel of its choosing at its own expense. 8.3. If the Granicus Products are subject to a claim of infringement or misappropriation, or if Granicus reasonably believes the Granicus Products may be subject to such a Claim, Granicus reserves the right, in its sole discretion, to: (i) replace the affected Granicus Products with non-infringing functional equivalents; (ii) modify the affected Granicus Products to render it non-infringing; or (iii) terminate this Agreement or the applicable Order or SOW with respect to the affected 7 Last modified 27/04/2021
Granicus Product and refund to Client any prepaid fees for the then-remaining or unexpired portion of the Order or SOW Term. 8.4. Granicus will have no obligation to indemnify, defend, or hold Client harmless from any Claim to the extent it is based upon: (i) a modification to the Granicus Product by Client (or by anyone under Client’s direction or control or using logins or passwords assigned to Client); (ii) a modification made by Granicus pursuant to Client’s required instructions or specifications or in reliance on materials or information provided by Client; (iii) combination with the Granicus Products with non-Granicus software or data; or (iv) Client’s use (or use by anyone under Client’s direction or control or using logins or passwords assigned to Client) of any Granicus Products other than in accordance with this Agreement. This section 8 sets forth Client’s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Granicus Products or any other materials provided by Granicus violate or infringe upon the rights of any third party. 9. General 9.1. Relationship of the Parties. Granicus and Client acknowledge that they operate independent of each other. Nothing in this Agreement will be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations. 9.2. Applicable Law. Each party will, at all times, exercise its rights and perform its obligations under this Agreement in compliance with all applicable law, rules, and regulations. 9.3. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor will they be construed to modify, define, limit, or expand the intent of the Parties. 9.4. Amendments. This Agreement may only be amended or modified by a written instrument signed by authorized representatives of both Parties. 9.5. Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 9.6. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement will be null and void. 9.7. No Third-Party Beneficiaries. Subject to Section 9.7 this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement. 9.8. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) the day of receipt, as shown in the applicable carrier’s systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (iii) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (iv) sending by email, with confirmed receipt from the 8 Last modified 27/04/2021
receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. 9.9. Force Majeure. Any delay in the performance by either party of its obligations hereunder will be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event. 9.10. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota, without reference to the State’s principles of conflicts of law. The Parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Ramsey County, MN. 9.11. Entire Agreement. This Agreement, together with all Orders or SOWs referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Any conflict between the Agreement and any other documents will be resolved in the following order: (i) this Agreement: (ii) Orders and SOWs; (iii) Granicus’ response to Client’s request for RFI, RFP, RFQ (if this Agreement results from such solicitation); and (iv) Client’s RFI, RFP, RFQ, or other solicitation. Any pre-printed or standard terms on any purchase order or ordering document issued by Client are hereby expressly disclaimed and do not apply. 9.12. Reference. Notwithstanding any other terms to the contrary contained herein, Client grants Granicus the right to use Client’s name and logo in Client lists and marketing materials. 9 Last modified 27/04/2021
EXHIBIT A-THIRD PARTY TERMS ClearCaster Terms & Conditions The ClearCaster products are subject to the following terms: Permitted Use. Granicus hereby grants during each Order Term or as otherwise specified in the Order, and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non- exclusive, non-transferrable right to use the ClearCaster products to the extent allowed in the relevant Order (collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the ClearCaster products up to the levels limited in the applicable Order. Data Sources. Data uploaded into ClearCaster products must be brought in from Customer sources (interactions with end users and opt-in contact lists). Customer cannot upload purchased contact information into the ClearCaster products without Granicus’ written permission and professional services support for list cleansing. Passwords. Passwords are not transferable to any third party. Customer is responsible for keeping all passwords secure and all use of the the ClearCaster products accessed through Customer’s passwords. Content. Customer can only use the ClearCaster products to share content that is created by and owned by Customer and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus. Disclaimers. Any text, data, graphics, or any other material displayed or published on Customer’s website must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. Advertising. The ClearCaster products shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement between Customer and a third party that compensates Customer for the right to have information included in Content distributed or made available through the ClearCaster products prior to approving the presence of Advertising within the ClearCaster products. Restrictions. Customer shall not: • Misuse any Granicus resources or the ClearCaster products or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; • Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other Granicus customers; 10 Last modified 27/04/2021
• Customer must not use the Granicus products, services or the ClearCaster products in a manner in which system or network resources are unreasonably denied to other Granicus clients; • Customer must not use the services or ClearCaster products as a door or signpost to another server. • Access or use any portion of the ClearCaster products, except as expressly allowed by this Order; • Copy, distribute, sublicense, or otherwise share, software provided on the ClearCaster products; • Disassemble, decompile, or otherwise reverse engineer all or any portion of the ClearCaster products; or add or remove software on the ClearCaster products without Granicus consent; • Use the ClearCaster products for any unlawful purposes; • Export or allow access to the ClearCaster products in violation of U.S. laws or regulations; • Except as expressly permitted in this Order, subcontract, disclose, rent, or lease the ClearCaster products, or any portion thereof, for third party use; or • Modify, adapt, or use the ClearCaster products to develop any software application intended for resale which uses the ClearCaster products in whole or in part. Customer Feedback. Customer assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the ClearCaster products. Granicus may use such submissions as it deems appropriate in its sole discretion. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the ClearCaster products, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. License to Content; Access. Customer hereby grants Granicus and its vendors a limited right and license to view, access, use, modify, adapt, reproduce, transmit, distribute, display, and disclose Content for the sole purpose of providing the ClearCaster products. Customer agrees that Granicus and its vendors may remotely access the ClearCaster products for the sole purpose of providing Granicus products and services, and the ClearCaster products. Warranties and Disclaimers. The ClearCaster products are provided “AS IS” and as available. EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GRANICUS NOR ITS SUPPLIERS WARRANT THAT THE CLEARCASTER PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS NOR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Notwithstanding the foregoing and subject to payment of all applicable fees, Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials.
Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Software and SaaS Solutions;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.
Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.
Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region December 8, 2020
Granicus, LLC
December 8, 2020
01-115
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement. ¨ Fees and Reporting Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below: Entity Name Zip Code State PO or Job # Sale Amount Total ________________ Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides. Annual Sales Through Contract Administrative Fee 0 - $30,000,000 2% $30,000,001 - $50,000,000 1.5% $50,000,001+ 1% Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a
period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.
¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.
Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement.
Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance:
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 8, 2020
11/06/2020
granicus.com | [email protected] page 21
Tab 3 – Vendor Questionnaire
granicus.com | [email protected] page 22
granicus.com | [email protected] page 23
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Tab 4 - Vendor Profile
Company’s official registered name.
Granicus, LLC
Brief history of your company, including the year it was established.
Granicus provides technology and services that empowers government organizations to create seamless digital experiences for the people they serve.
Offering the industry’s leading cloud-based solutions for communications, content management, meeting and agenda management, and digital services to more than 4,500 public sector organizations, Granicus helps turn government missions into quantifiable realities.
Granicus was founded in 1999 and acquired Vision in 2018, the national leader in government website design, development and hosting. Granicus has continued to grow and expand our platform of digital, civic engagement products detailed in this RFP.
Company’s Dun & Bradstreet (D&B) number.
DUNS: 12-910-6469
Company’s organizational chart of those individuals that would be involved in the contract.
Depending on which products are chosen for purchase, the agencies involved could work with any number of different departments and people within Granicus. Below are just a few of the people you may work with in Granicus. • Executives – Our leadership team guides the entire company to do what is best for our clients. Each week the leadership team reviews client satisfaction survey results and discusses any proactive actions that need to be taken. Our leadership team also brings years of experience across government, software, design and technology industries to the table. • Certified Experts – Our certified experts are passionate about helping you deliver a superior digital customer experience, which is why we are constantly learning new and better ways of doing things. Many of our team members hold the following certifications: NN/g certified User Experience Specialist, Web Graphic Design certified, WebAIM WCAG 2.0 educated, Network, and CCNA certified.
granicus.com | [email protected] page 25
• Project Managers and Customer Support – Our project managers and customer support team are fanatical about your success and will go above and beyond to support you.
Corporate office location.
Denver, CO
1999 Broadway, Suite 3600
Denver, Colorado 80202
Phone: 800-314-0147
List the number of sales and services offices for states being bid in solicitation.
Granicus has three primary offices in the US and one in the UK. The US offices are in Denver, CO, St. Paul, MN and Washington, DC. Additionally, Granicus’ 600+ employees work remotely throughout the globe to provide our customers with local service.
List the names of key contacts at each with title, address, phone and e-mail address.
Sam Morton
Vice President of Sales
Denver, CO
1999 Broadway, Suite 3600
Denver, Colorado 80202
Phone: 303-521-0052
Email: [email protected]
Define your standard terms of payment.
Net 30
Who is your competition in the marketplace?
Granicus has a large platform of civil engagement. For that reason, we have a large group of competitors both large and small. Our major competitors include Salesforce, AWS, Oracle, Adobe, MailChimp, Constant Contact, Civic Plus, Open Source, MS Dynamics, PayIt and NIC.
granicus.com | [email protected] page 26
Provide Annual Sales for last 3 years broken out into the following categories:
Cities / Counties
K-12
Higher Education
Other government agencies or nonprofit organizations
This information is not available. Granicus is a privately held company, and as such we cannot share our long-term strategic plans or detailed financial information. However, we are continuously improving and expanding our products through customer feedback and industry analysis. We have over 4,200 public sector clients and maintain a high retention rate, so you can rest assured that we are financially sound now, and for the foreseeable future. Granicus has been operating since 1999 and has not filed for bankruptcy or had any interruptions in operations due to financial issues. We are also backed by Vista Equity Partners.
What differentiates your company from competitors?
Granicus provides an integrated platform that empowers government organizations to create better lives for the people they serve. By offering the industry’s leading cloud-based solutions for communications, meeting and agenda management, and digital services to more than 4,500 government customers, Granicus helps turn government missions into quantifiable realities.
Granicus products connect more than 200 million people, creating a powerful network to enhance government transparency and citizen engagement. By optimizing decision-making processes, Granicus helps government realize better outcomes and have a greater impact for the citizens they serve.
Customer Service
Simply saying we’re dedicated to client satisfaction isn’t enough. It’s our relentless focus, and one that we measure. In fact, across all of our client implementations over the past three years, our average client satisfaction rating is 9 on a 10-point scale.
At Granicus, anything less than the best for our clients is unacceptable.
Granicus Network
The Granicus Network is one of the most powerful and unique capabilities that organizations using Granicus Communications Cloud can leverage to reach the maximum number of people. With the Granicus Network, organizations are able to cross-promote their subscription content on the websites of other similar
granicus.com | [email protected] page 27
government organizations. The Network currently supports over 5,000 of these cross-promotional partnerships for more than 1,000 organizations.
Describe how your company will market this contract if awarded.
If awarded the NCPA contract – Granicus will perform the following marketing actions:
1) Conduct a customer and prospect facing webinar to the current 3,000+ city/county customers and over 55,000 eligible prospects 2) Full training of the 80+ sales personnel and resellers (CDW, SHI, Carahsoft, etc.) on how to proactively utilize the contract in the selling, quoting, and fulfillment processes
3) Build collateral and branding to be utilized at trade shows (50+ each year) 4) Utilize best practices from other NCPA partners – especially those who do not have competing solutions
granicus.com | [email protected] page 28
Describe how you intend to introduce NCPA to your company.
Granicus has 2 full time trainers who work closely with sales leadership for execution of go to market strategies and plans. This team will be responsible to train sales personnel on how to proactively propose the NCPA program. In addition – sales leadership will work with sales operations for execution of all procedures for quoting and reporting requirements. In addition – Sales leadership will collaborate with marketing to develop demand generating, co- branding, and market awareness campaigns and programs
Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.
As a provider of services that range in complexity and volume of use, Granicus does not have an on-line catalog. Each opportunity is individually researched through discovery and interviews to create a mutually agreeable price per service/product.
Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)
Customer Support and Maintenance
The Granicus Customer Support Team is focused around a single common mission: provide our clients with high quality, responsive support across all of our product families. We are a diverse team of dedicated professionals driven by the mission and call to public service who strive to be on the cutting edge of technology and innovation.
Philosophy and Team Credentials
Teachers, public servants, musicians…this is just a sampling of the kinds of folks who embody the Granicus support organization. Despite our diverse backgrounds - we are all focused on one mission: to provide highly responsive world-class support to our local, state and federal clients.
We employee a large and distributed team of support representatives, senior representatives and team leads across the U.S. and the U.K. with our primary locations in Denver, Colorado and St. Paul, MN. In addition to our standard product training, all of our GovMeetings representatives undergo an intensive training process that includes an introduction to Robert's Rules of Order, the local legislative process, key state and local considerations (e.g. The Brown Act, Section 508 Compliance etc.) and technology-specific training.
granicus.com | [email protected] page 29
We also employee a host of tools and systems that enable our team to better support our customers, including skill-based call routing, a centralized ticketing system, a robust knowledge base, remote support and desktop tools, and 24/7 monitoring of our cloud-based infrastructure.
Our Team
Ernie started his career as an intern for the U.S. Department of Justice as a high school student in San Diego. Coming from a family of law enforcement, educators and military, Ernie continued his career as a programmer at the IT
department of his alma mater, UC Riverside. Eventually
making his way up to Oakland, C.A., Ernie joined the
strategic communications and marketing department for
the UC Office of the President where he oversaw all web and digital communications for over 200,000 UC employees and retirees. Ernie has been with Granicus since 2012
and now resides in Denver with his wife and son.
Travis started his career in customer service while attending Film School. Travis’s skills would eventually take him to Netflix, where he would work as a technical support representative and work his way up to running his own team. Travis joined Granicus will the goal of further honing his technical skills and has been with the company since 2016. Travis works out of Denver where he lives with his wife and 7 children.
Contacting our Support Organization
Regular Support Hours (Phone, Email, Chat):
Monday-Friday, 9AM EST – 9pm EST
Urgent After-Hours Support is also available 24/7 800.314.0147 Extended Live Meeting and Video Streaming Support (Phone, Email):
Monday-Friday 9PM EST - Midnight
Phone:
(800) 314-0147 (US)
Granicus Support Portal - Support.Granicus.com
Ernie Granillo
Director of
Customer Support
Travis Kozik
Senior Customer
Support Engineer
granicus.com | [email protected] page 30
The Granicus support portal is your 24/7 resource for user guides, knowledge base articles and training videos for all of our product offerings. Additionally - our users can sign up for weekly webinars/how-to sessions led by our support and services team. Users can also initiate a chat session with a live support agent during our standard business hours.
Granicus System Status
Granicus customers can opt-in to receive email and or SMS text alerts to our online status page (status.granicus.com) that provides real-time information around product releases, service disruptions and outages for all of our products.
Granicus support and engineering provides for 24/7 response and monitoring of all cloud-based systems and software.
SUPPORT SERVICE LEVELS AND PRIORITY LEVELS
Granicus is dedicated to providing the highest levels of support to our customers. To ensure that each support case is handled efficiently, we commit to the below service levels.
PRIORITY 1: EMERGENCY
Initial response: Within at least one hour
Severe application problem that causes productivity to cease for a large number of staff or complete loss of service to either website or intranet (application-related site outage).
Examples:
• Web server is running but application is non- functional • SQL-server errors not related to hardware
PRIORITY 2: HIGH
Initial response: Within at least four business hours
Application or service is degraded but is available. A work-around is possible or a brief loss of service is acceptable. Impacts only a small group or causes work to cease for an individual staff member.
Example:
• Granicus site is operational but search, calendar or other modular functionality is impaired
• Application is operational but bulletin sending is disrupted PRIOIRTY 3: MEDIUM
granicus.com | [email protected] page 31
Initial response: Within at least one business day
Moderate business impact; issues have affected productivity. A work-around may exist or the problem is for a non-business-critical task.
Examples:
• File attachments won't upload
• Text is not rendering correctly
• Bulletins are sending but sending not as quickly as expected or with higher than usual bounce rates
PRIORITY 4: LOW
Initial response: Within at least three business days
Limited business impact. Requests can be scheduled.
Examples:
• Programmatic change to back-end or front-end to improve efficiency • Distribution of all patches and upgrade
Security Overview
Your data and application reliability is of paramount importance. As an organization, Granicus invests heavily in data protection, infrastructure and security. To that end, Granicus views the National Institute of Standards and Technology (NIST) Special Publication ST 800-53rev4 as the gold standard for security controls, particularly the Moderate data designation established under the Federal Information Protection Standards (FIPS.)
All our products are hosted entirely within the Continental United States, by reliable cloud providers. In addition to hosting in Amazon Web Services (AWS) Elastic Compute Cloud and Microsoft Azure, Granicus’s datacenter provider QTS maintains two datacenters certified as Tier III by the Uptime Institute. These applications are maintained by a robust team of over 50 engineers led by our Vice President of Cloud Operations.
But security is more than hosting – personnel represent the single largest security vulnerability in an organization. All Granicus employees must pass a background check upon hire and are re-screened every five years as required to maintain the FedRAMP authorization for Granicus’s govDelivery application. In addition, all employees participate in annual privacy and security training facilitated by Granicus’s Information System Security Officer.
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Granicus understands the impact of disruption and takes the necessary steps, in our infrastructure design and scale, to ensure the availability of your applications when you need them. Data in those applications is encrypted at rest and in transit using FIPS 140-2 validated encryption methods. The remainder of the suite is hosted in Amazon Web Services and all backups (from every application) are replicated to AWS datacenters.
Green Initiatives
As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.
Granicus provides mostly SaaS and PaaS products hosted through partners. For that reason, we do not have a Green Initiative in place. However, Granicus’ is acutely aware of our carbon footprint. Our corporate office is housed in a building with Gold Standards and Green Policies.
Vendor Certifications (if applicable)
Provide a copy of all current licenses, registrations and certifications issued by federal,state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with
granicus.com | [email protected] page 33
jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications.
Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.
• ISO27001 Certification
• FedRAMP Authorized •ISO27001 certified
• SOC 2 (SSAE 16) certified
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Tab 5 – Product and Services/Scope
Granicus will be responding to the following Products/Services:
SaaS
• Cloud Based Applications
• Citizen and Resident Engagement
• Meeting Automation
• Website Design
• Communication Tools
• Online Transactions
• Software Asset Management & Compliance
Granicus is the sole manufacturer of these Products.
granicus.com | [email protected] page 35
GRANICUS CIVIC ENGAEMENT PLATFORM
granicus.com | [email protected] page 36
granicus.com | [email protected] page 37
GOVACCESS
granicus.com | [email protected] page 38
granicus.com | [email protected] page 39
GOVSERVICE
granicus.com | [email protected] page 40
granicus.com | [email protected] page 41
GOVMEETINGS
granicus.com | [email protected] page 42
granicus.com | [email protected] page 43
GOVDELIVERY
granicus.com | [email protected] page 44
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GRANICUS EXPERIENCE GROUP
Granicus Experience Group (GXG)
The Granicus Experience Group (GXG) is
the agency arm of Granicus’ larger
Professional Services organization. Our
human-centered, data-driven
approach to communications will help
you better understand your audiences
and what they need or want to hear
from you. We’ll use this understanding to
sync your communications with your
customers’ priorities.
What is GxG?
GXG is a cross-functional team of
strategists, analysts, communicators,
and Granicus technology experts ready
to work as an extension of the current
teams, partnering with you to stand up
new technology solutions and transform
your overall customer experience.
GXG is driven to help our public sector
clients be more customer experience-
centric and get more value out of our
technology. Our services fuel digital and
organizational transformation year-over-
year through our agile, flexible, and
repeatable process. We use data and
insights to define an optimal
communications experience, including
considerations for rapid audience
growth, then we build and launch that
experience, helping you mature your
communications and programs over
time. GXG will work hand-in-hand with
you to develop notifications integrated
with strategic multichannel programs
that inform, educate, and compel your
customers to take action.
GXG’s team of strategic designers can
also facilitate virtual workshops to foster
alignment across various teams or
departments through a series of design-
thinking and brainstorming activities.
These workshops can enable ongoing
cross-functional knowledge-sharing,
problem-solving, program innovation,
persona development, journey
mapping, and message refinement.
Our multidisciplinary team will focus on
maximizing your approach to
communications through targeted
outreach. Our proven process includes
programmatic communications
strategies to ensure messaging is
tailored based on increasingly deeper
audience understanding and
segmentation over the course of the
engagement. We’ll deliver detailed
campaign plans, custom content, and
regular reporting on the effectiveness of
our efforts.
How does it work?
Our human-centered, data-driven
approach will help you better
understand your audiences and what
they need or want to hear from you. We
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use this understanding to sync your
digital strategy with your customers’
priorities. Our unique approach breaks
down departmental silos and brings
together key stakeholders to align on a
singular view of your customers and
map out an experience that can
achieve better outcomes.
granicus.com | [email protected] page 47
PRODUCT ROADMAP 2020
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granicus.com | [email protected] page 52
Tab 7 – Pricing
Please see the attached Excel sheet “RFP#39-20 – Pricing – Granicus, LLC” for complete pricing.
- Granicus pricing is developed through deep market analysis and research - This “not to exceed” pricing is intended as a baseline; however we may review pricing on a case by case basis when certain conditions or term/sale are met - volume, scope, purchase commitment.
granicus.com | [email protected] page 53
Tab 8 – Value Added Products and Services
GOVACCESS
Product Name Product Code Product Description
Design Custom -
govAccess
PFS-PS-OO-GA-
DEGNCUST
Web Design and
Implementation
govAccess - Web
Design and
Implementation -
Branded w/Domain
PFS-CONTENT-GA-DB-
DOMAIN
Branded Subsites allow a
department to customize their
pages with a unique color
scheme and branding while
still utilizing the framework of
the main website. This
package includes: Wireframe
based on the main website
Unique design theme,
including color palette for
landing page and interior
pages Customizable
background image or
slideshow Customizable
navigation, including graphics
Customizable header and
footer Individual URL and
search capabilities. *To apply
this SKU to K-12 and Higher Ed
a scope of work must be jointly
agreed upon by both parties.
govAccess - Web
Design and
Implementation -
Independent Sub
PFS-CONTENT-GA-DB-
IS
Independent Subsite Package
offers a mutually agreed upon
wireframe based on
department needs from
Granicus' selection of
templates. The package
includes: Unique design
theme, including color palette
for landing page and interior
pages Unique header and
granicus.com | [email protected] page 54
footer Unique navigation
design Individual URL and
search capabilities Optional
custom mobile homepage
(included). *To apply this SKU
to K-12 and Higher Ed a scope
of work must be jointly agreed
upon by both parties.
govAccess - Web
Design and
Implementation -
Specialty Sub
PFS-CONTENT-GA-DB-
SS
Specialty Subsite package is
intended to serve the needs of
larger and often revenue-
generating departments that
have either maintained their
own separate website in the
past or would like to develop
one as part of this project. This
package includes: UX
consultation, which may
include one (1) or more of the
following: One (1) site analytics
report One (1) heatmap
analysis One (1) internal
stakeholder survey Three (3)
customer journeys (top tasks or
heavily visited webpages)
identified for optimization Fully
customized wireframe Unique
design theme, including color
palette for landing page and
interior pages Unique header
and footer Unique navigation
design Individual URL and
search capabilities Optional
video background (included)
Optional custom mobile
homepage (included). *To
apply this SKU to K-12 and
Higher Ed a scope of work
must be jointly agreed upon
by both parties.
granicus.com | [email protected] page 55
govAccess Website
Design and
Implementation -
Innovator
PFS-CONTENT-GA-
WDP-A
govAccess Website Design
and Implementation -
Innovator provides a citizen
focused website and includes:
UX consultation, which may
include one (1) or more of the
following: One (1) site
analytics report. One (1)
heatmap analysis. One (1)
internal stakeholder survey.
Modular homepage wireframe
based on predefined building
blocks. Fully responsive
design. Custom mobile
homepage or standard mobile
responsive homepage. Video
background or standard
rotating image carousel
(switchable at any time).One
(1) customer experience
feature - Choose from
Granicus' library that includes
service finder or data
visualization banner.
Programming/CMS
implementation. Migrate up
to 200 webpages. Up to five
(5) forms converted into the
new CMS. One (1) day of
web-based training. *To apply
this SKU to K-12 and Higher Ed
a scope of work must be jointly
agreed upon by both parties.
govAccess Website
Design and
Implementation -
Trailblazer
PFS-CONTENT-GA-
WDP-B
Website Design and
Implementation - Trailblazer
provides a citizen focused
website and includes:
Advanced UX Consultation,
which may include one (1) or
more of the following: 1. One
(1) site analytics report. 2. One
(1) heatmap analysis. 3. One
granicus.com | [email protected] page 56
(1) internal stakeholder survey
4. One (1) community
stakeholder survey. 5. One (1)
remote user testing of top
tasks. Three (3) customer
landing page consultation.
Fully customized homepage
wireframe. Fully responsive
design. Custom mobile
homepage or standard mobile
responsive homepage. Video
background or standard
rotating image carousel
(switchable at any time). Up
to three (3) customer
experience features - Choose
from Granicus' library including
service finder, geo finder, or
data visualization banner.
Programming/CMS
implementation. Migrate up
to 200 webpages. Up to ten
(10) forms converted into the
new CMS. One (1) day of on-
site consultation / training to
be applied towards additional
project management or
training (two (2) of three (3)
days must be consecutive).
*To apply this SKU to K-12 and
Higher Ed a scope of work
must be jointly agreed upon
by both parties.
govAccess Website
Design and
Implementation -
Pioneer
PFS-CONTENT-GA-
WDP-C
govAccess Website Design
and Implementation - Pioneer
provides a citizen focused
website and includes: One (1)
homepage wireframe from
Granicus' design library. Fully
responsive design. One
enhanced custom mobile
homepage. Video
background or standard
granicus.com | [email protected] page 57
rotating Image carousel
(switchable at any time).
Programming/CMS
implementation. Migrate up
to 50 webpages. One (1) day
of remote web-based training.
*To apply this SKU to K-12 and
Higher Ed a scope of work
must be jointly agreed upon
by both parties.
Maintenance,
Hosting, & Licensing
COUNTY
govAccess -
Maintenance,
Hosting, & Licensing
Fee - Core Intranet
MTN-CONTENT-GA-
INTRANET
govAccess Maintenance and
Licensing includes the
following for Intranet
website(s) covered by the
subscription: Monthly software
updates Unlimited technical
support (6:00 AM - 6:00 PM PT,
Monday - Friday) Access to
training webinars and on-
demand video library Access
to best practice webinars and
resources Annual health check
with research-based
recommendations for website
optimization The Intranet will
be hosted on the Granicus'
servers. *To apply this SKU to K-
12 and Higher Ed a scope of
work must be jointly agreed
upon by both parties.
govAccess -
Maint/Hosting/License
Fee - Branded
w/Domain
MTN-CONTENT-GA-
VL-DOMAIN
Maintenance, Hosting and
Licensing includes the
following for Independent
Subsite(s) covered by the
subscription: Monthly Software
Updates Unlimited Technical
Support (6 am - 6 pm PT,
granicus.com | [email protected] page 58
Monday - Friday) Training
Webinars and On-Demand
Video Library Best Practice
Webinars and Resources DDoS
Mitigation Disaster Recovery
with 90-minute failover (RTO)
and 15-minute data
replication (RPO). *To apply
this SKU to K-12 and Higher Ed
a scope of work must be jointly
agreed upon by both parties.
govAccess - Setup
and Config - Branded
w/Domain
PFS-CONTENT-GA-DB-
DOMAIN
One Time Fee
MUNICIPALITY (*To
use this SKU for K-12
and Higher Education,
scoping must be
jointly agreed upon).
govAccess -
Maintenance,
Hosting, & Licensing
Fee - Core Intranet
MTN-CONTENT-GA-
INTRANET
govAccess Maintenance and
Licensing includes the
following for Intranet
website(s) covered by the
subscription: Monthly software
updates Unlimited technical
support (6:00 AM - 6:00 PM PT,
Monday - Friday) Access to
training webinars and on-
demand video library Access
to best practice webinars and
resources Annual health check
with research-based
recommendations for website
optimization The Intranet will
be hosted on the Granicus'
servers. *To apply this SKU to K-
12 and Higher Ed a scope of
work must be jointly agreed
upon by both parties.
granicus.com | [email protected] page 59
govAccess -
Maint/Hosting/License
Fee - Branded
w/Domain
MTN-CONTENT-GA-
VL-DOMAIN
Maintenance, Hosting and
Licensing includes the
following for Independent
Subsite(s) covered by the
subscription: Monthly Software
Updates Unlimited Technical
Support (6 am - 6 pm PT,
Monday - Friday) Training
Webinars and On-Demand
Video Library Best Practice
Webinars and Resources DDoS
Mitigation Disaster Recovery
with 90-minute failover (RTO)
and 15-minute data
replication (RPO). *To apply
this SKU to K-12 and Higher Ed
a scope of work must be jointly
agreed upon by both parties.
govAccess - Setup
and Config - Branded
w/Domain
PFS-CONTENT-GA-DB-
DOMAIN (NRR)
One Time Fee
GOVSERVICE
Product Name Product Code Description
Consulting Custom -
govService
PFS-PS-OO-GS-
CONCUST
Priced as per jointly agreed
upon custom scoping
GovService - Public
Records Request
Module - GovService
SAS-GOVS-BNDL-
CLERK
Public Records Request
Module includes access to: Up
to 3 digital services (ie.,
workflows/business processes)
built, activated and live in
govService using Service
Designer. Services must be
related to workflows involving
open/public record requests
(ie., Police records requests,
General record requests,
appeals, etc.) Annual Case
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Volume: Up to 5,000
annual cases submitted for
management and resolution
in govService. Record Request
Template: Leverage this pre-
built template and configure
its settings, permissions,
workflow stages, and more.
Customer Portal: An online
self-service portal to provide a
common interface where
users can request records,
make payments, and see
personalized information
including historical requests.
Back-office Administration:
Internal employees processing
services are provided a portal
to log-in and access assigned
tasks, fulfill requests, and
complete desired workflow
Service Designer: Build no-
code/low-code digital
services using tools such as
Form Builder, Integration
Manager, and Workflow
Designer Customer Service
Hub: An integrated
constituent contact tracking
solution for up to two (2)
licensed seats; users able to
access workspaces such as
Inbox, Face-to-Face, Search,
Phone Team, and Reception.
Note: additional seats will
incur additional maintenance
costs.
GovService - Public
Records Request
Module Set-up &
Configuration
PS-GOVS-BNDL-
CLERK-CONFIG
Public Records Request
Module Set-up & Config
includes: Test and Live Sites:
deployment of both a test
and live site hosted in a
production environment.
granicus.com | [email protected] page 61
Portals: deployment of both
Customer and Staff Portals
hosted in a live production
environment. Customer
Service Hub Configuration:
set-up each major digital
workspace (Phone Team,
Face-to-Face, Reception,
Inbox, and Search) and
configure default system
settings.
GovService - Public
Records Request
Module Training
PS-GOVS-BNDL-
CLERK-TRN
Public Records Request
Module Training includes:
Basic Online Training: up to
eight (8) hours of remote
training to introduce all core
aspects of the solution such as
customer portal, case
management and system
settings. Form Designer &
Workflow Online Training: up
to eight (8) hours of remote
training to co-build the first
digital service. Customer
Service Hub Training: up to
eight (8) hours of remote
training to cover each major
digital workspace and
configure default system
settings.
Consulting Custom -
govService
PFS-PS-OO-GS-
CONCUST
Priced as per jointly agreed
upon custom scoping
Design Custom -
govService
PFS-PS-OO-GS-
DEGNCUST
Priced as per jointly agreed
upon custom scoping
Development Custom
- govService
PFS-PS-OO-GS-
DEVCUST
Priced as per jointly agreed
upon custom scoping
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GOVMEETINGS
Product Name Product Code Description
Boards and
Commissions
Boards and
Commissions
SAS-SE-DS-BCCO Boards and Commissions
bundle enables automation
and management of the
citizen advisory boards and
commissions workflow.
Boards and
Commissions - Setup
and Configuration
PFS-PS-DS-BC-SC Setup and configuration for
Boards and Commissions
Data Migration
Data Migration PFS-PS-DM-OOS-
DMMM
Data Migration
Encoder/Encoding
Appliance Hardware
Granicus Encoding
Appliance Hardware -
SDI (AMAX) (GT)
HDW-SU-MA-VID-
EAMXSD
AMAX Encoder with Osprey SDI
Card. Used to pass commands
and data from LiveManager
that include Start/Stop of
webcast, indexing, and
document display. Also serves
to distribute video and
captions to be distributed to
the CDN or Performance
Accelerator.
Meeting Efficiency
Meeting Efficiency SAS-SE-MA-MIN
Meeting Efficiency -
Setup and
Configuration (GT)
PFS-PS-MA-MIN-
MEGT-SC
Setup and configuration of
Meeting Efficiency
(Government Transparency)
Peak
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Peak Agenda
Management
SAS-SE-MA-PAM Peak Agenda Management is
a Software-as-a-Service (SaaS)
solution that enables
government organizations to
simplify the agenda
management process of the
clerk's office. Peak Agenda
Management allows clerks to
streamline the way they
compile and produce
agendas for public meetings.
Design Custom -
govMeetings
PFS-PS-OO-GM-
DEGNCUST
Priced as per jointly agreed
upon custom scoping
Development Custom
- govMeetings
PFS-PS-OO-GM-
DEVCUST
Priced as per jointly agreed
upon custom scoping
GOVDELIVERY
Product Name Product Code Description
Consulting Custom -
govDelivery
PFS-PS-OO-GD-
CONCUST
Priced as per jointly agreed
upon custom scoping
govDelivery for
Integrations
SAS-SB-CO-CC-INT
SMS SAS-SB-CO-SMS SMS/Text Messaging includes:
Access to the selected
volume of additional SMS/text
messages per year from a
shared short code within the
United States* Use of
responsively designed sign-up
pages that allow the public to
subscribe to communication
updates from various devices
*International numbers are not
supported. SMS/text messages
not used in the period of
performance will not carry
over to the following year.
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SMS Transactions. Must be
used within 1 year. Includes up
to 100,000 SMS Transactions.
SMS - Setup and
Configuration
PFS-PS-CO-SMS-SC Covers the consultative
PM/Implementation time
required to get a client fully
up and running on a new
instance of a Product. Priced
as per jointly agreed upon
custom scoping
Targeted Messaging SAS-SB-CO-TMS Targeted Messaging is a unique, automated solution
that makes critical, large-
scale email and SMS/text
message communication
between government
organizations and the public
more personal, effective, and
reliable. Targeted Messaging
helps deliver and track emails
and SMS messages for Web
applications via secure APIs.
This allows the client's Web
application to focus on core
business logic and operational
needs, such as enrollment,
licensing, or renewals.
Targeted Messaging includes:
Access to the selected
volume of Targeted Messages
per year Text or HTML
formatting capabilities Robust,
secure, and scalable
infrastructure Certified delivery
of email and SMS/text
message confirmations and
reminders Real-time resolution
services (blocked emails)
Targeted Messages not used
in the period of performance
will not carry over to the
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following year. Includes up to
400,000 Targeted Messages
per year.
Targeted Messaging -
Setup and
Configuration
PFS-PS-CO-TMS-SC Implementation includes:
Access to an implementation
consultant for up to 90 days to
provide assistance, guidance,
sample code, and best
practices Access to a stage
environment for testing
integration Access to online
resources and reference
documentation Granicus
recommends that the client's
developer team plan for a
minimum of 50-70 developer
hours and more for complex
workflows.
GRANICUS EXPERIENCE GROUP
Product Name Product Code Description
4-Hour Virtual
Experience Center
GXG-VIR-EXP-4HR Successful digital initiatives
require more than just the right
technology. Organizations
also need the right strategy
and culture. The GxG team of
strategists, analysts,
communicators and Granicus
technology experts will design
and deliver a custom
workshop in support of client's
goals. GxG’s custom
Experience Center workshops
are designed to solve client's
unique pain points and
enable progress toward an
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achievable goal. Sold as Firm
Fixed Price (not Time &
Materials). Designed to
support clients with a single
Granicus product
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SUCCESS STORIES
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Tab 9 – Required Documents ¨ Clean Air and Water Act / Debarment Notice ¨ Contractors Requirements ¨ Antitrust Certification Statements ¨ Required Clauses for Federal Funds Certifications ¨ Required Clauses for Federal Assistance by FTA ¨ State Notice Addendum
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Tab 9 – Required Documents
CLEAN AIR AND WATER ACT / DEBARMENT NOTICE
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CONTRACTORS REQUIREMENTS
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ANTITRUST CERTIFICATION STATEMENTS
Required Clauses for Federal Funds Certifications Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision
for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11). CIVIL RIGHTS / TITLE VI REQUIREMENTS 1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract: a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective
employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part. Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS PARTICIPATION This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
State Notice Addendum The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract. For your reference, the links below include some, but not all, of the entities included in this proposal: http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments